Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/14

Rh Billy Kay to the police that he sought a plea bargain and the assistance of the police to obtain a lenient sentence. Also, it was apparent from the Police Investigation Report, dated 2 January 2015, that a mere six days before the applicant’s trial began, that Billy Kay and Jacky Ma had been provided with copies of their respective witness statements and transcripts of their respective video recorded interviews, receipt of which they had acknowledged. The Police Investigation Report stated that the material had been provided “…so that they can prepare for testifying in Court later.” Mr Cheung submitted that was relevant to the testimony of Billy Kay and Jacky Ma.

28. In his evidence, Billy Kay denied that prior to coming to court to testify he had read his non-prejudicial witness statement dated 24 March 2010. In his evidence, Jacky Ma said “I don’t have much recollection of that video recorded interview.” Given that both men had been provided respectively with those documents, amongst others, six days before the trial began, Mr Cheung submitted that Mr McNamara could have cross-examined them as to why they had not read that material, if it was available to them.