Jasmine Siu
Thursday, August 14, 2014
The trial of a man accused of killing and dismembering his parents with the help of a friend came to a sudden end yesterday when a male juror said he could no longer stand the gruesome details.
A female juror opted out of the case earlier for a similar reason.
After consulting for 30 minutes with defense and prosecution lawyers, High Court deputy judge Michael Stuart- Moore discharged the entire jury.
"It is my belief that it is impossible to continue," the judge said.
He said when two jurors requested to be discharged because the evidence had upset them, it is possible the remaining jurors may harbor similar feelings.
While the law allows the trial to continue with five jurors, Stuart-Moore explained that two lawyers had expressed concerns that the case should not continue while a third was neutral.
He said he was "extremely sorry" the jurors had to be put through such gruesome evidence.
Stuart-Moore also ordered the entire jury, including the two who wanted to be discharged, to be exempted from jury service for the rest of their lives as what the "thoroughly difficult case demanded was way above the normal duty of a juror."
Before dismissing them, Stuart- Moore thanked the jurors and praised them for being "extremely diligent and always on time."
He added: "You can go back to your normal lives. I'm just sorry you can't see the case through to the very end."
The trial started on Tuesday last week with the empaneling of seven jurors but it was soon reduced to six after a female juror was discharged two days later.
According to the original schedule, the trial had 10 more days to run.
The trial will be rescheduled to February.
The Jury Ordinance states that the jury in a criminal trial shall consist no less than five members.
Stuart-Moore, who will continue to preside over the case, said a jury of nine will be empaneled the next time. In that case, the verdict must be decided by a majority of no less than seven jurors.
Solicitor Jonathan Midgley who is not involved in the case told RTHK: "While I appreciate that it is extremely inconvenient for all the parties concerned when this sort of thing happens, whether it is the discharge of a jury and a trial is wasted, it's the price to pay for a legal system of excellence. And that, after all, is what Hong Kong is aiming to be."
Henry Chau Hoi-leung, 29, and Angus Tse Chun-kei, 35, are accused of killing and dismembering Chau's father and mother, Glory Chau Wing-ki, 65, and Moon Siu Yuet-yee, 62, in March last year.
Both have pleaded not guilty to the charge of murder but admitted to preventing the lawful burial of a body.
The court heard earlier that the dismembered body parts of the couple were salted, refrigerated, heated and dumped into the sea after a knife attack by their son and an alleged accomplice.
http://www.thestandard.com.hk/news_detail.asp?we_cat=11&art_id=148381&sid=42804078&con_type=1&d_str=20140814&fc=7
