Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/15

Rh 29. Furthermore, Mr Cheung invited the Court to note that, in cross-examination, Jacky Ma accepted that, prior to making his second non-prejudicial statement, dated 13 November 2014, he had not described the role of the applicant as being that of a ‘lan pei’, namely someone who would obstruct Mr Mitchell after the assault, to impede any pursuit by him of his assailant, but in a manner which suggested falsely that he was coming to the victim’s aid. In context, relevant to that evidence was the reference in a Police Investigation Report that, at his request, on 5 August 2014 Jacky Ma had been provided by Station Sergeant 1492, Leung Kwok Yin, with all three statements that he had made to the police. Also, relevant was the statement to Station Sergeant 1492, Leung Kwok Yin, attributed to Jacky Ma in the Police Investigation Report dated 28 October 2014, that he “…just hoped to attend court hearing as soon as possible, and then apply for a reduction in sentence again.” In combination, the information contained in the Police Investigation Reports permitted a line of cross-examination of Jacky Ma in which it could be suggested to him that he had invented the role of ‘lan pei’, which he attributed to the applicant, in order to obtain a further discount in sentence.

30. Finally, Mr Cheung invited the Court to note of the non-prejudicial statement made by Jacky Ma, dated 7 March 2011, that it was known now, from the recently disclosed notebook of Station Sergeant 19508, that he and another officer had interviewed Jacky Ma for about two hours on 4 March 2011. However, no detail whatsoever of