Often Partisan

The Carson Trial: Appeal Hearing Day 2

Counsel for the prosecution Jonathan Caplan QC has told the Court of Appeal today that Carson had 55 days in court to contest the validity of the charges laid against him.

Oriental Daily reports (Cantonese) that Caplan argued in the trial against Clare Montgomery’s argument from yesterday that the charges against Carson were invalid, stating that in the 55 days of Carson’s trial last year he didn’t once bring up the validity of how the charges were made up and that he should have raised it then.

The appeal hearing has now been adjourned by the panel of judges pending them writing up their judgement; no date has yet been set as to when they will return to give their judgement on the appeal but I would think it would be at least a couple of weeks until he is called back into court.

Will Giles, co-author of “Haircuts and League Cups” and longtime Hong Kong solicitor believes that Carson has a good chance on appeal, saying that the grounds raised made sense, saying that he agreed with Montgomery that the charges were defective and that the judgement in the Pang Hung Fai case is definitely applicable.

He went on to note that Judge Lunn yesterday raised the point about there being no further charges against Carson following his trial – when for example from his evidence it would appear he have committed stock manipulation, saying that this story has a long way left to run.

As more news becomes available I will update this story.

Edit: Douglas Wong at Bloomberg has filed this story.

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40 Responses to “The Carson Trial: Appeal Hearing Day 2”

  • Mitchell says:

    I am sponged out with all this. What I would give for a member of Ernst & Young to come out and say “this makes no difference to us finding and negotiating with new buyers”. Am I daydreaming or is it a possibility? Wouldn’t it be nice if E & Y read our comments and replied.

  • ChrisG says:

    I know i’m probably asking a question that has already been answered (again) but I find a lot of this difficult to keep up with, if CY wins his appeal would he immediatly retake the helm at Blues? And if so does he have the funds say for transfers etc cos last I heard he was skint

  • Stevie W says:

    Dan not a lot to go on there. I cant believe the prosecution just turned up and said you had 55 days to raise the question but you never and that is it.

    It would need to be more substantial than that otherwise I can see that the chances of success for CY would be improved.

    • Blues Girl says:

      I agree.The prosecution’s argument does sound very weak.I thought he was one of the top legal guys and therefore you would expect a bit more than that for your money!!

  • Agent McLeish says:

    I can’t see how the Pang Hung Fai case is “definitely” applicable; for that to be the case then both circumstances would have to be identical, which they are not. I can see however that the PHF case is probably applicable.
    Am I correct in assuming that even if the appeal awarded in CY’s favour the judge could still order a retrial which may still keep CY behind bars if bail is denied?

    • almajir says:

      From Will:

      Pang Hung Fai ceranly applies to CY’s case because the principles laid down by the CFA are a precedent under the common law of universal applicability to money laundering cases…the test is no longer looking at the facts through the eyes of the reasonable right-thinking member of the community…the court now needs to consider what was in the defendant’s mind when he was considering the facts as known to him…the district judge said he did’nt need to speculate on various occasions inthe judgment…Claire’s main appeal point is that under the new test that is not sufficient…he has to analyse what was in the defendant’s mind..having failed to do so the convictions are unsafe and should be set aside

  • rhees says:

    I’m so bloody confused with it all

  • BigAl says:

    AussieBlue , enjoyed your comments I can tell you are an ex brummie , same sense of humour! I once used grecian 2000 , my hair turned white! I think I may have used the wrong colour! I have just come back from a jog down the canal, and thought I would see if any upate on Yeung, s appeal . I could not believe Dan, s comments, if Yeung wins his appeal I will go back out and throw myself in the canal! It is all speculation of course, until we know the actual outcome, we should perhaps try and remain positive! God knows what will happen if he wins, although E/Y are still in sole charge of BIH and presumably can now only be removed by court order. I still think they will come up with a plan to satisfy Yeung and the stock exchange , and of course we don, t know what further incriminating evidence they may turn up! Another trial, another conviction, another appeal, happy times I don, t think.
    Speaking of jogging, I was overtaken by Excorcet Edna from down my road, she is young however, 85! they call her excorcet because when she coughs her teeth fly out! Very dangerous our Edna.Keep smiling!

    • AussieBlue says:

      G’Mornin Big Al…I like the sound of Exocet Edna! Yep, you can never lose that bone dry Brummagem sense of humour. Bit like Australian which is part why I like it here.
      Not much to laff about this morning with that E&Y news. I’m going to have to digest it with me furst cuppa tea (6am) and Farley’s Rusk!

  • Paul says:

    Could CY just waltz back into BIH or St Andrews if he were released. Surely there are court orders in place and HKSE rules preventing the removal of E&Y now that they are in place.

  • oldburyblue says:

    Your friend and co-author Will Giles, as a solicitor, will know like everyone else who has worked within Court Systems, that not all guilty people are found such. Court Systems are the best we have but at the end of the day trials are not always based on truth and fairness but the interpretation of man-made rules..all with loopholes. Money talks. A multi-millionaire (or in this case a man backed by mysterious bottomless pockets) is odds on to get away with things eventually. Such is life.

  • Mirkwood55 says:

    My six-year old grandson can now list and detail the Twelve Labours of Hercules – a series of seemingly impossible tasks the Greek hero had to perform. I can now add number Thirteen to his list – “The sorting out of Birmingham City’s ownership.” Hercules – you’re on your own, mate!!!

  • Bluenosesol says:

    Lets hope that E&Y reach the point of no return before Carson receives his Get out of Jail Card!!

  • rhees says:

    Please don’t let him come back

  • Tony E says:

    The thought of Yeung and Pannu walking back into St Andrews is terrifying, surely they both know that they are definitely not wanted, we know for certain one of them does. How the hell do we get rid of these people.

  • Dave Mann says:

    There a cancer that refuse to go away and even E&Y are going to find it majorly difficult to get rid of the ” special fried rice one ” … They certainly have the backing of all blues fans ( except mark ?) to dump them but easier said than done by the looks of it!! Kro

    • Luke says:

      Dave – I think nearly everyone that comes here to read Dan’s posts would share your sentiments and your frustrations.

      Whilst I don’t think you intended to be offensive, the nickname “special fried rice one” could be construed to be racist, however.

      • Tony says:

        Who gives a monkeys what utter crap.

        • Luke says:

          Hey, I’m not trying to start an argument and, as I said, I know that Dave’s comments are insightful and useful to the discussion.

          I come on here to read Dan’s posts (where else can you find out what’s going on?) and the comments. Those two things combined make interesting reading.

          The thing that makes me feel uncomfortable is what I perceive as racial stereotyping. Dave’s comment was pretty harmless in itself but, in a time when we’ve got all the stuff going on with Chelsea fans, West Ham fans, Clarkson and so on, I just think we should focus on facts and speculation and try to rise above the name-calling that goes on elsewhere.

          Reading between the lines of your highly eloquent comment, I think you’re suggesting that I’m being over-sensitive and that the majority of people wouldn’t share my view. To be honest, I’d agree with both points, but I still feel it needs to be said.

          • Bluenosesol says:

            Luke, us British have a stiff upper lip, we tend to be suckers for a queue and are a fish and chips and chiken tikka munching lot. You can quote me on that!

  • Ian Ambrose says:

    ALWAYS Carson Yeung and peter pannu talk EXAGGERATING and gain knowledge is full rubbish PROOF CY still in prison in china… time waste cy !!!…. BEST of 1st important thing sell club bcfc new face businessman takeover at bcfc and bring blues fans 30,000… Now 15,000 fans cos CY !!!!

  • Stevie W says:

    I wish I could decipher Ian’s posts its all the right words but not necessarily in the right order. there could be some great pearls of wisdom hidden amongst his code.

    • Davey says:

      Hi Stevie
      Ian is profoundly deaf, stick with him. :)
      KRO

    • Luke says:

      Actually his comment about attendances made me lookup the stats. We haven’t actually had an average home attendance of more than 30,000 since 1975, but we did come close in the Sully/Gold era under Steve Bruce (29 thousand and something). Under the previous regime’s stewardship, we were regularly getting 22,000 averages whilst in the 2nd tier, so Ian’s point about a direct link between BIH ownership and home attendances seems very plausible.

  • mark says:

    well well look like another good day for carson………surprising the judges need a couple weeks just to think about the appeal…… if he wins his appeal Daniel can he seek compensate from the prosecution……

  • Hillfield Blues says:

    So after a 55 day trial and subsequent 6 year prison sentence with the judge branding him a “habitual liar who made up stories as he went along”,CY is going to waltz out of prison as he didn’t actually know he was laundering 55 million quid? I’m no solicitor………but is that for real??

    • almajir says:

      As I’ve said before the prosecution never actually proved where the money came from – big thing that.

      • bluenose08 says:

        I thought in the trial the onus was on cy to prove where he got the money from !!

        • almajir says:

          That’s the point mate – it shouldn’t be that way round. The whole point of the legal system is innocent til proven guilty.

          • oldburyblue says:

            No, sorry almajir, you’ve lost me now. Having read your many posts and articles over the last year or so, I thought that was always your point; that Chinese/HK money laundering laws do NOT require the normal burden of proof.

            Whilst the trial was taking place did you not state that it was the Defence job to explain where the money came from to the satisfaction of the Court…not the Prosecution. Are you now saying that the Prosecution have to prove where the money came from under Chinese Law? He HAS been found Guilty so your term “innocent til proven guilty” is wrong. ps. I say that strongly believing that he will eventually be found “Not Guilty” or “Not proven” at the Final Court Of Appeal.

  • ChrisG says:

    Just seen the really bad news in the BM that E&Y only plan to sell Blues as a last resort, when is this ever gonna end?

  • Ian Ambrose says:

    I dont understand and why HKSE is rules policy in china ??? CY still in prison 6 years in china.. If CY arrive in england mean police will arrest to him will going to court in england again get to prison??? Cos England process rules in GB!!!,,,E&Y work hard with bcfc to BHIL but Blues fans will less 15,000 peoples at bcfc cos fed up with CY again!!!…. Blues fans and Gary Rowetts will be STRESS again!!!. CY is loves EXAGGERATING………MUST MUST SELL BCFC and NEW FRESH with someone businessman takeover at BCFC and more more bring blues fans peoples at bcfc…..BHIL needing never thinking twice as above!!!….

  • Dave Mann says:

    Yeah.. Agree with that Ian ???? Kro

  • Mitchell says:

    Let’s not be too pessimistic on this. Facts are that Buyers want to buy the club. E&Y know that. Their fees which is reported to be almost £2m.have to come from somewhere. That source has to be from the proceeds of a sale. It has to be. We are certainly not in the position to pay that sort of dough to ease a few Board tensions. Trust me E&Y are playing a clever game, because they have to. Don’t give anything away to the likes of CY and co. Hang in there, we are going to see end game fairly soon.

    • Raymondo says:

      It occurs to me they could pay E & Y’s expenses by selling a player like Gray for 5 or 6 million quid. Then they wouldn’t have to sell the club. Then CY gets out of jail and we’re in the sh..t again. Worse still Pannu would be back as a leech on the club’s payroll. Looks to me like hiring a hit man from the Mafia is our only chance!

  • BhamCityJulian says:

    E&Y are just saying that a buyer is not going to get BCFC on the cheap.

    Let’s hope that the judge is not John Deed and understand the political pressures to reject the appeal


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