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The Carson Trial: Final Appeal, Day 1
Carson’s lawyer Clare Montgomery QC told the Court of Final Appeal in Hong Kong today how there needed to be a distinguishment between “notional proceeds” and “actual proceeds” in a money laundering case.
The South China Morning Post reports that Montgomery argued there was a “real danger” if culpability was decided on circumstances alone. She was making submissions as Carson Yeung’s appeal against his five money laundering convictions was heard today in the Court of Final Appeal in Hong Kong.
Jonathan Caplan QC responded for the Department of Justice, stating how it was often difficult to accurately determine exactly where proceeds of crime had originated and that this was why the Ordinance had been enforced in this manner.
During the original trial no submissions were made by the prosecution as to the origin of the money that went through the bank accounts in question and Carson’s legal team have questioned how he can be found guilty of money laundering when there is no underlying offence shown.
The former BCFC president looked more like he has in previous years in comparison to his last appearance in court, and was flanked by his “legal advisor” Isaac Sadiq, his common-law spouse Joanna Wang Manli and his driver and would-be director of BIH Arjun Gurung Kumar on arrival at court.
The case is due to be heard over three days with the judgement likely to be handed down in July.
Tags: Arjun Gurung Kumar, Carson Yeung, Isaac Sadiq, Joanna Wang Manli
33 Responses to “The Carson Trial: Final Appeal, Day 1”
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If carson QC wins this battle imo Carson got every chance of walking free………..
July what year?
Thanks for the update, I still do not understand why anyone can`t cast enough doubt especially with there being 5 charges on at least one or two of the charges. The whole point to this case is the onus was on Carson to prove his innocents to the satisfaction of the judge`s. To not be able to cast a reasonable doubt on at least a couple of the charges thereby proving all counts could be unjustly brought against him is not satisfactory proving ones innocence. If everything is above board then there has to be at least one paper trail to show where your funds came from.
The problem is, zxcv, it’s the wrong way round. The prosecution is supposed to prove beyond reasonable doubt that someone is guilty – just the law is so harsh in this circumstance that the tactical onus (note the additional word there) is on the defendant instead.
I agree it is harsh, but its the way it is, and that doesn’t mean anyone has a right of appeal as the rules were known to all before his trial commenced. Tactical or not. Does not mean I agree tho. However I found the comments by Jonathan Caplan QC, interesting if not a hint of sympathy, and since the result has no or little effect on BCFC I personally would like to see at least a time served verdict but wouldn’t put money on it. Looking forward to the next two days.
Well, if he didn’t have a right of appeal he wouldn’t be in the court of appeal right now, would he?
The way it is, is a general comment, And I said “Anyone” so not referring to him directly. Why you always looking to pick fault.
Everyone has a right of appeal, it is a basic Legal Principle
It may get rejected at a hearing before it ever gets anywhere near the court of appeal.
You can not base an appeal on the prevailing laws as they stands.
Should we read anything into Mr Pannu not being present, has a rift now developed between these two?
Pannu keeping his spotty head down yours is to wonder why.
You can’t help but feel a bit angry about all this. Not just because of the stupid judicial system in HK which needed next to no evidece to convict someone, more to the point that the concequencial effect has had on BCFC is a crime in itself. Who knows where we would be now if all this hadn’t happened, ok we could have been worse off with the way things were being run, but then again we could be back in the premiership. It all leaves a bit of a sour taste in the mouth.
Chris the problem in this case is because the onus is on the defendant to prove where his funds into these accounts came from means that no jury is required as the prosecution do not have to prove otherwise. Its entirely down to the judges to decide his guilt. Therefore his appeal should imo be based on the judge not allowing time at the start of the case to gather the evidence needed,.as long as he could turn up with new evidence today which would have meant a retrial at least.
Ye It just seems totally ridiculous that anyone can be arrested without a shred of evidence of any wrong doing. I know that’s the way it works out in HK but guilty til you prove yourself innocent is just stupid, it’s no wonder there’s such a long wait to get tried, I mean this has been going on for around 5 years now!!!
Yes and that’s why I would like to see him released on a time served basis it would mean his guilty verdict would still stand and he would never be allowed to hold a directorship, but it would mean him being freed. I do personally believe the verdict was right but not how it was arrived at, and that the sentence was to long as he will be punished for ever if the verdict stands, There would be no purpose served by sending him back to prison and the punishment sufficient.
Must say I agree sounds a fair assessment.
Thank you Tony.
If only someone had posted similar last month…
http://oftenpartisan.co.uk/archives/15305/op-in-hk-is-this-the-end-for-carson.html
;)
Yes Chris you make a good point. How I see it is since our unlucky relegation under McLeish after winning the Carling Cup -a number of factors have kept us out of League One. Everybody,including LC and Chris Hughton have done their bit in avoiding that dreaded drop. Yes I agree it leaves a bitter taste regarding HK etc but things could have been much worse. What hopefully around the corner is a stable business that should reflect in effect is the country’s second city. Not too much for a hard core of devoted fans to ask. Premiership football would be a super bonus in the near future but Championship stability still has to be earned in what has become a rapidly expanding mini-premier league.
I don’t no about an unlucky relegation Mitch if I remember rightly I under a different name because of a crash on comp and others , were strongly against McLeish keeping on with his quest to not lose instead of just winning , for me , own personal name cost us ,and I fear the same could happen to GR unless he builds us a goal machine with all-round scoring ability .3 points for a win and 1 for a draw tells us the way to go ,
Unlucky relegation was the fact that we had amassed 40pts.William.As regards your comments on a goal machine-you are spot on. However I do not see GR as the man to coach any forward players although I do have respect for him as a good manager in our second tier.
Clare Montgomery just got the Mauritian Prime Ministers son out of a sticky one down here.Shes a smooth operator but apparently charges like the proverbial wounded Bull. I wonder whose picking her bill up- plus more than a few nights at the Mandarin Hotel.
There are mixed reports on this lady.
slightly off subject I wonder if the lack of an announcement from E&Y means they are close to making a different announcement to the usual one, if you get my drift.??
I thought that,?
Final Appeal, Day 1 When finish 100% date??? …Always Exaggerating every time over year year year on on on on on EXAGGERATING too much in Hong Kong !!! Awaiting too long many of years !!!!, We are need know When finish deadline and Final Appeal???… Thanks
Ian
I’ve explained in the article how long the FINAL appeal is, and when the judgement is going to be handed down. I don’t mean to be mean, but please, for the love of God read what I write and understand it. Explaining the same thing over and over and over again is tiring.
please have a bit of patience with ian as from his posts I am guessing he has some trouble putting his words together.
The monthly announcement to the HKSE is conspicuous by its absence!!!
Dan where’s the hkse announcement
Surely were not feeling sorry for CY are we?
No.
With the sacking of Steve Evans at Leeds-a staggering quarter of the Championship are without managers. Stability in clubs must be at an all time low. Problem imo is that the prizes of promotion etc are too limited with only a few going up. Perhaps if 4clubs or more could achieve moving up a league then surely it gives a real hope of managers being employed for more than,what seems only one season.