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Prosecution case explained

July 18, 2014

The Department of Justice did not proceed with the prosecution case on Chan Wei-guang due to fresh evidence.

 

It issued a statement today in response to media enquiries on the case, saying Ms Chan, who was charged with one count of theft, provided certain documents in May relevant to her defence.

 

Police conducted further investigation into the case in the light of representations made by the complainant in June. Police submitted the latest investigation outcome to the department on July 9.

 

The department said the Prosecution Code says a prosecutor has the duty to continually review a prosecution that has started, and the prosecution must be discontinued if, following a change of circumstances, the evidence is no longer sufficient or proceeding with prosecution is not in the interests of public justice.

 

After careful consideration of the documents and the result of the police investigation, counsel from the Prosecutions Division considered the overall evidential position had changed, it said.

 

The fresh evidence cast doubt on the credibility of the original evidence and the prosecution believed there was insufficient evidence to support a reasonable prospect of conviction.

 

The decision not to proceed was endorsed by the Director of Public Prosecutions.



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