Magistrate Criticised For Lengthy Jaywalking Trial

The Court of Appeal ruled on Wednesday a jaywalking case trial in 2018 was a waste of judicial time and resources, saying the deputy magistrate, the defence and the prosecution were all responsible for delaying trial.

The court ruled that the legal cost of HK$620,000 for the lengthy trial would be split by the defence and the prosecution, overturning the original order that the fees be paid by the defence.

In April 2016, the female Nepalese defendant was hit by a taxi on Tai Tam Road near the American Club. She sustained serious injuries and was hospitalised for two months.

After more than 90 days of trial, the defendant was finally acquitted. The magistrate also ordered the two defence lawyers to pay a total of HK$620,000 in "wasted costs" to the prosecution.

The defendant and the two lawyers filed an appeal against the costs order.

In a written judgment on Wednesday, the Court of Appeal judges said the deputy magistrate had "failed in her duty in properly managing the trial to bring it to a just and speedy conclusion".

The judges added that the defence and the prosecution "had also failed in their duty to assist the deputy magistrate in reaching that goal and standard".

They ruled that the deputy magistrate, the defence and, to a lesser extent, the prosecution were "all responsible for the wastage of judicial time and resources".

The judges also said they will refer the matter to the Bar Association and the Law Society, to see if any disciplinary action should be taken against the two defence lawyers.