Parkside’s Benson Tsoi SC leading Schweitzer Wong secured a full acquittal for a lift engineer of a multi-national elevator company facing 10 charges related to examination failures and provision of false information, with Defence costs awarded.
The Prosecution case alleged that the Defendant failed to ensure that seven lifts of two high-value residential estates were thoroughly examined, and subsequently provided false or misleading information to the Electrical and Mechanical Services Department (“EMSD”). The Prosecution relied on examination reports filed by the Defendant and his cautioned interview, where the Defendant made admissions against interest.
The Defendant testified at trial that he had thoroughly examined the lifts, with support from contemporaneous records. The Defence further argued that the Defendant made no admission “against interest” as the EMSD examination reports were not designed for the specific type of examination concerned and the questions asked by EMSD during the cautioned interview were posed in an erroneous context relying on those reports which had essentially misled the Defendant into answering the questions the way he did.
The Court accepted the Defence case, finding that the “admissions” the defendant made were in fact supportive of the defence case. As a result, the Defendant was acquitted of all 10 charges.
Following the acquittal, the Defence applied for costs. The Court awarded costs to the Defendant with certificate for Senior Counsel.
