Source:
https://scmp.com/article/271147/chim-pui-chung-was-his-4th-top-barrister-and-still-couldnt-keep-his-mouth

Chim Pui-chung was on his 4th top barrister and still couldn't keep his mouth

Disgraced ex-legislator Chim Pui-chung failed in a final bid to clear his name yesterday when top judges dismissed claims he had been the victim of a 'grave injustice'.

Chim, 52, who is serving a 12-month prison term for conspiracy to forge, appeared to have lost a little weight while behind bars.

But his outspoken nature was still very much apparent as he fought the last round in the epic legal saga.

The Court of Final Appeal hearing was halted three times to let Chim give further instructions to his high-powered team of lawyers.

He waved his arms, jabbed his finger and occasionally gripped the bars of the dock during these discussions.

Chim's attempt to persuade the top court to consider his appeal was led by Sir John Swaine SC, former Legislative Council chairman. He is the fourth senior counsel to have represented Chim.

But after the judges had heard two hours of Sir John's arguments, Chim stood up and said he wanted to speak to them himself.

'What? He is represented by counsel. No way. Absolutely not,' Mr Justice Henry Litton said in response to the request.

Chief Justice Andrew Li Kwok-nang said there was a rule that people represented by barristers could only address the court themselves in exceptional circumstances.

The points Chim wished to make were finally put forward by another of his team, barrister Richard Wong.

Sir John argued that permission should be given for a full hearing of the Court of Final Appeal because Chim had been the victim of 'grave and substantial injustice'.

He argued that Chim's trial had been unfair because the prosecution had not identified the people he was convicted of conspiring with.

'The defence was left to grapple with shadows, Sir John told the court.

'Effectively what the defence had to do was to prove Mr Chim innocent, that he had not conspired with anyone.' Michael Lunn SC, for the Government, said that any shadows in the case had been created by the way Chim had put forward his defence.

Mr Justice Charles Ching, giving the court's ruling, said there was no justification for allowing the appeal to proceed further. There was ample evidence, he said, upon which Chim could have been convicted.

Chim had originally been jailed for three years for conspiring to forge share transfer documents. This was cut to a year by the Court of Appeal.