Three judges hearing Hong Kong media tycoon Jimmy Lai Chee-ying’s national security trial have refused a defence application to recall a key prosecution witness to court for cross-examination, on the grounds that a contrary decision would undermine the interest of justice.
West Kowloon Court heard on Thursday that Lai’s legal team had had “more than reasonable opportunities” to test former Apple Daily publisher Cheung Kim-hung’s knowledge of a series of “lunchbox meetings” among senior executives of the now-defunct tabloid when he took the witness box earlier this year.
Madam Justice Susana D’Almada Remedios said on behalf of the bench that “more than sufficient notice” had been tendered to the defence about the existence of the meetings’ abstracts, but it was not until the middle of Cheung’s court testimony that Lai’s lawyers realised their importance to their case.
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She stressed prosecutors were never in possession of any such abstract stored on workplace communication app Slack nor was it accessible by them.
The judge also highlighted that Lai was himself a participant in the relevant Slack conversations and that the defence had more than two years to prepare for their case after receiving the sworn statements of Cheung and other witnesses.
“Whatever motivation may be, it is not for us to determine, but looking solely at the facts, it is clearly not in the interest of justice to allow the recall of [Cheung],” Remedios added.
The 76-year-old Apple Daily founder has denied two conspiracy charges of collusion with foreign forces under the Beijing-decreed national security law, and a third of conspiracy to print and distribute seditious publications under colonial-era legislation.
Lai’s legal team lodged the application at the eleventh hour as they sought to challenge Cheung’s understanding of the nature of the meetings.
Prosecutors argued the meetings were designed for Lai to influence high-level editorial decisions by Apple Daily and further his anti-government agenda.
The defence countered by categorising the decisions made in those meetings as purely commercial.
A lawyer on Lai’s legal team earlier testified that the abstracts’ existence only came to their knowledge in late January this year when Cheung was giving evidence.
They received copies of the Slack dialogues from Lai’s daughter, Claire Lai Choi, who was able to produce screenshots of the communications by logging in using the tycoon’s credentials.
The trial continues.
More from South China Morning Post:
- Lawyers representing Hong Kong’s Jimmy Lai grilled over failing to question key witness about Slack chat records
- Hong Kong judge says prosecution must not make unfounded allegations against Jimmy Lai’s legal team
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