Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/32

Rh A. No idea.

Q. Have you discussed that with your counsel?

A. Are you referring to my representing counsel for the appeal?

Q. Yes, Mr John Marray.

A. No, I didn’t.” [Italics added. ]

70. Obviously, as Mr McNamara asserted, in effect, in his affirmation, the affirmation of Jacky Ma provided potentially fruitful lines of cross-examination to pursue with him at trial. Given that both Mr Cheung and Ms Go said that they were aware that Jacky Ma had made an application for leave to appeal against sentence and that they were obviously aware that he was an important accomplice witness in the prosecution case, it beggars belief that prosecuting counsel did not call for the appeal file to ensure that there was nothing that was disclosable to the defence in the prospective trial of the applicant. In making that observation, it is only fair to note that Ms Go was junior counsel to leading counsel in the immediate preparation for and conduct of the trial. No doubt, leading counsel had overall conduct of the case. As noted earlier we have received no evidence from him, for reasons of his ill-health. Prosecutors have a duty to be proactive in discharging their duty that all disclosable material is disclosed to the defence, all the more So in a serious case involving an accomplice witness.

Billy Kay’s letters to the police and visits by them to him and Jacky Ma

71. No issue was taken with the evidence of Mr Cheung and Ms Go, confirmed by the evidence of the two police officers, that the