Often Partisan

The Carson Trial: Appeal Hearing Day One

Carson Yeung was back in court today for the first day of his appeal hearing into his conviction on five counts of money laundering. Clare Montgomery QC, representing Carson told the three appeal court judges how the conviction could not stand as Judge Douglas Yau Tak-hong had not applied the “reasonable man” test accurately in the original trial.

The South China Morning Post carries this short report from today’s hearing

My co-author Will Giles was also present in the courtroom today to watch the hearing. He is a solicitor of 24 years standing in Hong Kong and has an extensive understanding of the money laundering legislation in Hong Kong – something he explains in thorough detail in the book. Will reports that he was impressed with Montgomery’s reasoning, saying that she was brilliant in her explanation that while Judge Yau understood the nature of the transactions in the trial he failed the “reasonable man” test with his speculation.

Quoting the recent Pang Hung Fai case, Montgomery explained that the Judge’s failure to speculate where the money had come from in the transactions was “no longer an option”.  Montgomery went on to explain that the Judge has to reach a conclusion of defendants thoughts information and belief.

Also present in the court room public gallery were Carson’s de facto wife Joanna Wang Manli, Isaac Sadiq and Peter Pannu.

The appeal hearing is expected to last two days and while the panel of judges can hand down an oral judgement at the end of it the expectation is that they will adjourn the case for a short period of a couple of weeks to consider whether they will allow or dismiss the appeal.

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11 Responses to “The Carson Trial: Appeal Hearing Day One”

  • Tony E says:

    I suppose we shouldn’t be surprised that this lady should impress, after all she is highly regarded in her field. Let us hope the prosecution barrister is equally impressive.

  • mark says:

    obviously carson extremely determined to have this turned over in appeal, as they say you buy the best you get the best……..

  • mark says:

    amazing she was not available before….how inconceivable the previous judge didn’t look into the reasonable man test… imo because previous judge only cared about getting a conviction ….any loop holes this one will find them………lol

  • PeteBaldwin says:

    He won’t but presuming that Carson does get off the charges, how will that affect BIH and BCFC? Considering the current situation, would Carson have any additional power to regain control?

    • Adam True Blue says:

      It probably will not have any effect on E & Y, but it will not stop him from throwing as many obstacles as he can towards stopping the process of any sale and can only mean more delays for a process that has already taken too long. Kro.

  • Richard Granfield says:

    In the article it refers to Carson Yeung being the FORMER owner of Birmingham City FC.
    Does that mean that if his appeal is granted he would have to buy the club back to regain ownership?

  • Bluesbot says:

    Couldn’t afford to pay his mortgage but can afford top people to defend him – does not add up !!!

  • zxcv says:

    I wouldn`t put tupence on him winning this appeal.

  • Agent McLeish says:

    The prosecution argument will be interesting. I think that the CY case and the Pang Hung Fai case differ in the detail both on the specifics and magnitude of the ‘crime’ and the judgement passed. CY sees the Pang Hung Fai judgement as a lifeline but ultimately he is clutching at straws. Ironically I can see the Pang Hung Fai judgement going against CY as it is based on a specific legal argument which can easily be argued against by CYs defence.

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