Director of Public Prosecutions Keith Yeung today explained the withdrawal of the prosecution against the former residential care home head alleged to have had unlawful sex with a resident with intellectual disability.
Mr Yeung said various medical assessments found the complainant was suffering from post-traumatic stress disorder and was unfit to give evidence.
A medical expert advised that compelling the complainant to give evidence would have put her under huge pressure and would have had an adverse effect on her chances of recovery.
Having considered carefully the views of all the experts, the prosecution felt it was not possible to call the complainant as a witness, Mr Yeung said.
The department then proceeded to consider the balance of the evidence to decide whether it supported a reasonable chance of proving any case against the defendant.
"Unfortunately in our view, the remaining evidence could not satisfy that threshold. If the department were of the view that the balance of the evidence was enough to prove any case against the defendant, we surely would not have withdrawn the prosecution."
The department respects the rights of the mentally-incapacitated and will examine its procedures in handling prosecutions involving them to see if there is room for improvement to better safeguard their rights, he added.
Click here for more information.
