Page:HKSAR v. Wun Shu Fai (CACC 48-2015).djvu/8

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him as ‘Ah Sai’, was to act as a ‘Lan Pei’, whilst he threw the liquid over the target. He explained that the applicant’s role was to approach the victim after the attack purporting to assist him, but in reality with the purpose of hindering any pursuit of Tang Chong Hou. Is Jacky Ma testified that at about 8:00 a.m. the three of them travelled by MTR to Wanchai MTR Station, where they parted company. For his part, he waited at the footbridge to meet Billy Kay, who was late for their prearranged meeting. Following Billy Kay’s arrival, the two of them walked to a park opposite the District Court, where he introduced Billy Kay to Tang Chong Hou and the applicant. Then, having moved aside from them, he noticed them pouring a black liquid, from which smoke was emitted, from a bottle into a paper cup. He was told that it was a mixture of paint and drain-cleaner. At about 1:00 p.m. he saw Tang Chong Hou approach Mr Mitchell, after the latter had walked out of the District Court entrance, and throw the contents of a cup over his face. Then, he saw the applicant approach Mr Mitchell and hold his arm. For his part, he joined Jacky Ma and Lai Kwok Leung in a taxi and they left together.


The defence case

16. The applicant testified in the defence case. He acknowledged that he was present outside the District Court at about 1:00 p.m. on 27 October 2009 when Mr Mitchell was attacked. He was not a party to that attack. He heard yelling and saw Mr Mitchell sitting on the ground. As he walked towards Mr Mitchell, the latter stood up. He asked him if he could help. He did not understand Mr Mitchell’s