25. In another letter, Billy Kay reaffirmed that he was able to give direct evidence against Kong Hon Yui.[1] Having expressed concern that, given the delay in pursuing a prosecution against Kong Hon Yui, he might have completed his sentence before a trial commenced, Billy Kay asserted that, nevertheless, he would testify against Kong Hon Yui. Of that, he said “In return, I also hope the police can see that I am determined and give me some help in my appeal against sentence.”[2]
Visits by police officers to Billy Kay and Jacky Ma
26. Mr Cheung submitted that the failure to disclose the Police Investigation Reports and related notebook entries of police officers in respect of visits primarily to Billy Kay, but also to Jacky Ma, was that Mr McNamara was unaware of statements made by Billy Kay and of documents provided to Billy Kay and Jacky Ma, which material was relevant to their credibility. He contended that it was a matter of incredibility that no more notebook entries had been made than those supplied to the defence after the trial and that such notebook entries that were supplied were not more detailed.
27. Mr Cheung invited the Court to note that the Police Investigation Reports reiterated the statements made in letters from
- ↑ ETMC-18; 27 July 2012, page 57:
“I wish to enquire that, concerning the principal offender in this case, Kong Hon-yui, I have still not yet heard about the prosecution of this mastermind. Is the prosecution of this principal offender abandoned? However, in this case, the principal offender, Kong Hon-yui, really personally told me to take action as soon as possible in the lobby of the District Court, and said that if I did not take action soon, he would be put behind bars. This is what I personally heard and saw."
- ↑ ETMC-18; 27 July 2012, page 58.
