Parkside’s Jonathan Ah-Weng obtained a successful result at the Eastern Magistrates’ Courts, securing two acquittals on behalf of his client on charges of Indecent Assault-concluding with an order for full legal costs awarded to the Defence.
The case arose from an alleged incident at Hong Kong MTR Station. The Prosecution’s case rested squarely on the testimony of a single eyewitness and alleged victim (PW1), who claimed she was assaulted and further asserted that she witnessed a second assault on her sister (PW2).
The strategy for this 2-day trial was defined by critical decisions:
1) 𝐔𝐧𝐫𝐚𝐯𝐞𝐥𝐥𝐢𝐧𝐠 𝐨𝐟 𝐭𝐡𝐞 𝐏𝐫𝐨𝐬𝐞𝐜𝐮𝐭𝐢𝐨𝐧’𝐬 𝐂𝐚𝐬𝐞: Through rigorous cross-examination, Jonathan was able to successfully expose fundamental inconsistencies in PW1’s evidence. He undermined the credibility of the Prosecution’s sole anchor witness, resulting in the Prosecution’s case falling away.
2) 𝐇𝐚𝐥𝐟 𝐭𝐢𝐦𝐞 𝐬𝐮𝐛𝐦𝐢𝐬𝐬𝐢𝐨𝐧𝐬: Following the close of the Prosecution’s evidence, the robust cross-examination transpired in a submission of No Case to Answer, resulting in an immediate “half-time” acquittal on Charge 2.
3) 𝐍𝐨 𝐧𝐞𝐞𝐝 𝐭𝐨 𝐭𝐞𝐬𝐭𝐢𝐟𝐲: Prosecution had failed to meet the high burden of proof on the remaining charge and consequently there was no need for the Defendant to testify. This culminated in a full acquittal on Charge 1 at the conclusion of the trial.
Jonathan extends his gratitude to instructing solicitors at Boase Cohen & Collins for their confidence in his counsel.
Special thanks to Partner Arthur Chan for his strong leadership, and to solicitors, Hazel Tang and trainee, Irene Wong for their able assistance throughout this matter.
Read more about Jonathan here
