Lai's bid for publisher to retestify fails

Eunice Lam

The court has rejected Next Digital founder Jimmy Lai Chee-ying's request to have ex-Apple Daily publisher Cheung Kim-hung re-testify, citing concerns about judicial integrity.

Lai's legal team filed an application earlier this week to recall Cheung to the witness stand based on newly obtained chat records from the workplace communication platform Slack. These records pertained to the group's weekly "lunch-box meetings" and were acquired after Cheung had already testified in January.

Reading the judgment on behalf of the panel of three judges overseeing Lai's trial, national security judge Susana Maria D'Almada Remedios said that the defense "could and should have obtained" the relevant Slack chat records prior to the trial.

The trial, initially scheduled for December 2022, commenced gradually in December last year.

"It is implausible that the defense, and particularly [Lai], were unaware of Slack, which served as the internal form of work communication for Apple Daily employees," Remedios said.

All three judges agreed that refusing the application would not compromise Lai's right to a fair trial. The court also noted that protecting the rights of both parties was in the interest of justice.

"Although we are not in a position to determine the underlying motives, based on the facts alone, it is evident that allowing the recall of [Cheung] would not serve the interest of justice," Remedios added.

Also, the defense began cross-examining the first police officer involved in Lai's national security case, National Security Department's detective station sergeant Lai Kwok-yung, who has been involved in the case since July 2020.

Lai Kwok-yung confirmed that, following instructions from his superior, chief inspector Lee Shu-kuen, he visited the Lai Chi Kok Reception Centre on November 11, 2021, to serve Cheung with the High Court's decision to deny his bail application.

Upon arriving at the reception center at 10 am, Lai Kwok-yung met Cheung around 11 am that day and handed him the judgment.

Cheung took about 30 minutes to read the judgment, repeatedly going over it. Afterward, he remained silent, seemingly lost in thought. Lai Kwok-yung broke the silence after about 10 minutes and inquired about Cheung's well-being, suggesting they have a chat.

Lai Kwok-yung said that their conversation primarily revolved around Cheung's daily life while in detention, and they continued chatting until 2.45 pm.

Under questioning from the defense, Lai Kwok-yung said that he had no reason to stay after delivering the judgment to Cheung. However, he added that during their conversation lasting over three hours, he did not discuss any aspect of the case or attempt to persuade Cheung to testify for the prosecution.

Lai Kwok-yung also said he revisited Cheung on the following day, November 12, 2021. According to his notebook, the meeting commenced around 9.40 am but was interrupted after approximately 10 minutes.

"As someone arrived and wanted to meet him, [Correctional Services officers] entered and escorted Cheung Kim-hung away," Lai Kwok-yung said.

eunice.lam@singtaonewscorp.com