By Daisy CL Mandap
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| Apthorp (in brown jacket) with his solicitors, is out on $201,000 bail |
Retired British doctor Brian Drew Apthorp was back in
Apthorp, 84, had managed to have his earlier conviction and sentence on the same charges overturned by the High Court on Apr 29 this year.
In the first count, Apthorp is accused of indecently
assaulting X on Sept 11, 2018 in his home at 35B
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| PINDUTIN PARA SA DETALYE |
He is charged with a second count of indecent assault on X in his home, between November 2018 and April 4, 2019.
The charges pertained to the elderly doctor allegedly using deception and threats to make X submit to a purported body check and pap smear and later, of forcing her to give him daily massages while fondling himself or committing other sexual acts.
On July 15 last year, Eastern Magistrate Daniel Tang found Apthorp guilty on both counts and sentenced him to 30 months in prison.
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| Pindutin para sa detalye |
But on appeal, High Court Judge Esther Toh ruled that magistrate Tang was wrong in refusing to let a lawyer hired belatedly by Apthorp to cross-examine X.
Apthorp did the questioning and cross-examination of X by himself in the first two days of his trial, but later on hired solicitor Jonathan Midgley to defend him.
In her judgment, Judge Toh said, “Because of that refusal, justice had not been seen to be done, and therefore, the conviction is clearly unsafe and unsatisfactory.
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In court today before Principal Magistrate Ada Yim, counsel for Apthorp asked for the case to be adjourned to July 29 to enable the defense to ask the prosecution for more particulars before a plea is taken.
Magistrate Yim agreed, and extended Apthorp’s bail for $201,000 until the next hearing date.
Apthorp faces another legal battle at the High Court. He is appealing against a decision by Judge Russel Coleman last April 23, ordering the police to reinvestigate X’s complaint that she and two other former domestic helpers of Apthorp were also victims of sex trafficking and forced labor.
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| PINDUTIN PARA SA DETALYE |
Lawyers acting for X had sought leave for a judicial review of the police decision not to charge Apthorp for the two offences, citing video and photographic evidence.
Judge Coleman granted the leave and said the lack of a “bespoke” law on human trafficking makes it difficult for prosecutions of this nature to proceed.
But he said such legislations should not only cover FDWs as urged by the applicant’s counsel, but all other people who might be victims of forced labor and exploitation under section 4 of the Bill of Rights.
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| PADALA NA! |
