From:
胡
頌
恆
神
父
Fr
John Wotherspoon
www.v2catholic.com
jdwomi@gmail.com
Ph: 67095674
CSD
chaplain No. 51
February 17, 2017
To
The Hon Mr Justice Cheung, Chief Judge of the High Court
Dear Judge Cheung
On
August 26, 2016
, R.... (Remand No.....) who pleaded guilty to a charge of trafficking in 3.5kg
of cocaine received at
Dubai
Airport
, was acquitted by a judge in
Eastern Court
. The reason R pleaded guilty was that she had heard that it is very difficult
to win a not-guilty case in HK, and if you lose, you face an extra long time in
prison. To its credit, the HK justice system realized R was innocent and
acquitted her, despite her plea.
Over the past few years I have become aware of other inmates who have
pleaded guilty for the same reason as R, even though their cases involved a
considerable, even large, amount of coercion…. to the point they were victims
who might well have pleaded not guilty. But they did not plead not guilty for
fear they might lose their case and then receive an
extra long sentence.
I understand that coercion is not allowed to be taken into account in
guilty-plea cases, and that judges are obliged to follow this black and white
policy, so I would ask: is it not time that a review be made of the present
policy?
A sample case is attached. In the
High Court this morning, February 17, HCCC.../2016, the story of another woman
who received drugs at
Dubai
Airport
was not allowed to be told. The defendant was required by her legal team to say
she willingly brought drugs to
Hong Kong
. She was obliged to lie. This is not right.
If coercion is taken into consideration in the sentencing of guilty-plea cases,
of course there's a danger most people will claim to have been coerced. But they
will need evidence. At the moment, defendants with evidence are being denied
justice because their evidence is not strong enough to win a not-guilty case so
they are pleading guilty.
I therefore humbly ask for a review of the present sentencing policy
concerning the issue of coercion.
John
Wotherspoon
P.O. Box
74013
K.C.P.O.
Kowloon