Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/19

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an identification parade held on 12 April 2012 and various photographs; (Billy Kay’s) his non-prejudicial statement dated 24 March 2010, transcriptions of video recorded interviews conducted of him on 21, 22, 23 and 27 December 2009, his statement made under caution and various photographs.

39. Having noted that the receipts were made after the date on which unused material had been served on the defence, namely 28 January and 24 October 2014, Senior Inspector Lee said:

“I was not aware that it was necessary to inform the prosecuting counsel on my receipt [of the two receipts] and it was required to be disclosed to the defence through prosecuting counsel before the trial commenced on 8 January 2015.”

40. Mr Cheung Man Kwan, Bobby said that he had been assigned to the case on 6 November 2013, at which time he was a member of an advisory team within the Department of Justice. On 29 October 2013, Mr Edward Brook, a colleague in the Department of Justice, had advised the police that the applicant be prosecuted in connection with the attack on Mr Mitchell and had directed that the police “put together… a bundle of unused materials which will be voluminous, for our perusal.” Mr Cheung said that whilst handling the case he had communications with the police officers by telephone, but he could no longer recall the contents of the conversations of which there were “no written records”. Also, he communicated with DSPC 51307 by ‘WhatsApp’, but those records were no longer available to him. In preparation for the committal of the applicant, Mr Cheung said that he held conferences with Detective Station Sergeant 1492 and DSPC 51307. In the course of those conferences, he