Senior Law Clerks of the Department of Justice.[1] There being no objection by the parties, and the Court being satisfied that it was appropriate to do so, we received that evidence.
6. An affidavit by Mr John McNamara, counsel for the applicant at trial, as directed by the Court, was filed with the Court on 27 January 2017. The affidavit merely reflected a letter, dated 24 January 2017, written by Mr McNamara to the applicant’s solicitors in which he addressed the ambit of material disclosed to the defence by the prosecution at trial. He said that material, not disclosed to the defence at trial, included: the affirmation of Jacky Ma dated 9 August 2012; letters from Billy Kay to police officers, whilst the former was in custody; Police Investigation Reports, detailing visits to Jacky Ma and Billy Kay, whilst they were in custody, from police officers. He asserted that if the material had been disclosed to the defence prior to the trial that he would “…have used them extensively in cross examination of Jacky Ma and Billy Kay.”
The background
7. The prosecution arose out of an attack with sulphuric acid outside the District Court Building on 27 October 2009 on Mr Mitchell, a barrister appearing for the prosecution in the trial of Kong Hon Yui, Kevin[2], in the District Court. As a result, Mr Mitchell sustained injuries. Kong Hon Yui, Kevin was not prosecuted for the offence of
