One guilty, six walk free after city's first anti-terrorism trial

Eunice Lam

Lai Chun-pong, a 30-year-old technician, was the only defendant out of seven found guilty at the conclusion of the city's first anti-terrorism trial at the High Court.

The seven were accused of plotting to detonate bombs and use firearms to target police during the Human Rights Day march on December 8, 2019.

Another defendant, student Cheung Chun-fu, 24, was sentenced to 18 months' imprisonment after pleading guilty in February to one count of possessing explosives, specifically two boxes of firecrackers, and one count of possessing arms without a license for four canisters of pepper spray.

Seven jurors of the nine-member jury yesterday found Lai guilty of an alternative charge of conspiring to cause explosions likely to endanger life or cause significant property damage.

All nine jurors found five male defendants - Cheung Chun-fu, Cheung Ming-yu, 21, Yim Man-him, 22, Christian Lee Ka-tin, 25, and Justin Hui Cham-wing, 25 - not guilty of a joint conspiracy to target specific objects with explosive devices, as well as another charge of conspiring to murder police. The jury also reached a 7-2 decision for the acquittal of the five defendants' alternative charge.

Lai was found not guilty of conspiring to target specific objects with explosives and conspiracy to murder. Lee was acquitted of a separate charge of possessing arms and ammunition with intent to endanger life.

The sole female defendant, Lau Pui-ying, 24, was found not guilty of one count of conspiring to provide or collect property for committing terrorist acts.

The 81-day trial began on April 22. The verdict was made after three days and two nights of deliberation by the six male and three female jurors.

Cheung Chun-fu, Cheung Ming-yu and Lee were seen smiling in the dock when the jury announced their acquittal, while Yim turned his head toward the other defendants.

Families and friends of the six tearfully hugged outside court.

Lai and Cheung Chun-fu were remanded in custody while the other five defendants were immediately released.

High Court Judge Judianna Barnes Wai-ling expressed her gratitude to the jurors for their service and attending the court on time throughout the trial. Noting the complexity of the proceedings involving thousands of pieces of evidence, Barnes awarded the jurors a lifetime exemption from jury duty.

Under the current rule against double jeopardy, the Department of Justice is not allowed to file an appeal over the jury's decision of one's acquittal, to prevent the acquitted defendants from being tried again for the same offense.

The prosecution can leave legal questions arising from the trial to be decided by the Court of Appeal for a judgment that will be binding on future cases. Such judgment, however, will not affect the defendants' acquittal at the Court of First Instance.

Cheung Chun-fu, Cheung Ming-yu, Yim and Lee were members of the radical protest group "Dragon Slaying Brigade" along with prosecution accomplice witness Wong Chun-keung, who pleaded guilty in February. Wong was said to be one of the masterminds of the plot.

Lai and Hui were from a separate protest group led by technician Ng Chi-hung, another alleged mastermind in the case.

Lau did not belong to either group but she was accused of managing funds for the brigade together with Wong.

The prosecution said in the trial's opening statement that the case involved an eight-kilogram and a two-kilogram bomb. The heavier bomb was found to contain nails and had a blast radius of 400 meters.

The plot also included a gunner responsible for randomly firing shots from an elevated position.

But the plot did not materialize as police arrested some members of the brigade in their safe house hours before the march.

Ronny Tong Ka-wah, an Executive Council member, said he believed the jury made the decision based on facts.

But he pointed that according to his observations throughout his career as a barrister, it is sometimes hard for the jury to exclude personal feelings in their verdicts.

Barrister Albert Luk Wai-hung said the jury does not need to explain the reasons behind the defendants' acquittal.

That would mean that the three prosecution accomplice witnesses might not have grounds to overturn the guilty pleas they made in February.

eunice.lam@singtaonewscorp.com