Woman living in Police quarter accused of drug trafficking, case dropped as DOJ insisted though the judge opposed

(27 May) A 22-year-old woman who lives in police quarter was accused of collecting a package containing about 3 kilograms of ketamine in late December last year and was charged against for trafficking in illegal drugs. The public prosecutors asked for the charge to be dropped due to insufficient evidence earlier but such request was rejected by the magistrate. When the case was brought before the Sha Tin Magistrates' Court today, the public prosecutors insisted on withdrawing the case and emphasized that such decision came from their professional consideration. The magistrate disagreed with the Department of Justice's (DOJ)point of view and stressed "I still think that if the jury is properly guided, there was a high chance that the woman could be convicted". However, the magistrate finally approved the request and released the woman immediately as the public prosecutors insisted.

A barrister in private practice who was a court prosecutor in DOJ pointed out that that according to Article 63 of the Basic Law, DOJ shall control criminal prosecutions and free from any interference. He explained that although withdrawal of accusation requires approval from the magistrate and the judge can express opposition, they must approve the withdrawal. Barrister Duncan Ho, a member of Progressive Lawyers Group also says, DOJ has the ultimate decision on proceed the prosecution while the judge has no right to reject their accusation withdrawal.He added that DOJ sometimes may deal with the case by other measures, such as dismissed the charge of assault and granting the binding-over order to the defendant. It is rare to completely drop the prosecution. He said in general, DOJ would drop the prosecution under circumstances that there are new evidences or a special condition which there is no longer a reasonable prospect of conviction.

The prosecutor insisted on withdrawing the accusation in the court today, and pointed out that they had carefully examined the evidence and still believed that there was insufficient evidence in this case for reaching a reasonable conviction standard. The prosecutor claimed that they did not have sufficient evidence to prove that the defendant had learned that the parcel contained drugs beforehand. The acting principal magistrate TANG Siu-hung, Daniel pointed out that, according to the facts provided by the prosecutor, the parcel in the case was addressing to the defendant’s address and was delivered to the defendant’s residence, but no one was there to receive it when it was delivered. Postman had left a notice to the said address for collecting the parcel in post office. The defendant later collected the parcel from the post office and there were 3 kilograms of ketamine, normally called “K 仔”with market value of 2 million Hong Kong dollars. She told under the Superintendent's Discretion that an anonymous man instructed her to collect the parcel and refused to neither give any further testimony nor involve in the investigation.

Tang questioned the persecutor of the appearing of the anonymous man, the relationship between the man and the defendant and why the defendant followed the man’s instruction to collect the parcel.He believed that these questions should be referred to the jury to judge. Tang also refuted the prosecutor, pointing out that there were many drug cases in which defendants were convicted when there was evidence showing defendant has the key and lease of the apartment involved.

Tang kept quoting the facts from the prosecutor that the defendant had no monetary benefit received from collecting the parcel. He questioned what was hidden from the facts of an anonymous man instructed a 22-year-old girl to collect the parcel. Tang said if the prosecution kept going, the defendant could challenge the case during the preliminary investigation. He stressed his objection for withdrawing the protection at this stage. 

The prosecutor repeatedly emphasized that there was insufficient evidence to prove that the defendant knew in advance that the parcel contained illegal drugs, and said the decision of withdraw was made professionally. Tang finally stated that the DOJ has the right to make decision that not to be disturbed and independently, but expressed "I do not agree with your (DOL)'s judgement", and stressed that "I still think that if the jury is properly guided, the defendant had high chance of being convicted". However, the prosecutor insisted on withdrawing the case, and Tang responded "Just whatever you want", and finally approved the withdrawal, and the defendant was released in the court.

The charge is that Ko Koh Ching (22 years old, salesperson, reportedly living in a married police quarter in Tsing Yi) trafficked 2.96 kg of ketamine commonly known as "K仔" outside the side entrance of Hin Keng Post Office in Hin Keng Estate, Shatin on 12 December last year.

Case No.: STCC4518/2019

Source: Stand News

https://www.thestandnews.com/society/居警察宿舍女子被指收-k仔-包裹-律政司堅持撤控終獲批-官認為好大機會定罪/