By Daisy CL Mandap
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| Apthorp (in brown jacket) is out on $201,000 bail (File) |
An 84-year-old retired British doctor was put on trial again at Eastern Court starting today, Tuesday, after failing to get the indecent assault charges against him shelved permanently.
Brian Drew Apthorp had asked through his lawyers that the court order a “permanent stay of proceedings” in the case against him, citing as one of the grounds the alleged deterioration in his health, with one doctor reportedly saying he only had at most 24 months to live.
Another ground cited was the supposed inadequacy of the video clips presented as evidence in the case to support the charges against the accused.
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| PINDUTIN PARA SA DETALYE |
Prosecutor Martin Chow opposed the application, saying the grounds cited were not enough to justify a stay in proceedings, and that public interest would not be served by granting the application.
After a short break, Magistrate Edward Wong announced that after careful consideration, he was refusing the application, and that the trial should go ahead as scheduled.
Apthorp, who had originally appeared in person before Eastern Magistrate Daniel Tang, was convicted on two counts of indecent assault against his former Filipina domestic helper, referred to as “X” on July 15, 2021, and sentenced to 30 months in prison.
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| PINDUTIN PARA SA DETALYE |
But on appeal before High Court Judge Esther Toh, Apthorp’s conviction was set aside for being “clearly unsafe and unsatisfactory”. The judge said magistrate Tang was wrong in refusing to let solicitor Jonathan Midgley, who was hired belatedly by Apthorp to defend him, cross-examine X.
The judge also allowed Apthorp to post $201,000 bail, which has since been extended by the lower court.
Apthorp was originally charged with indecently assaulting X on Sept. 11, 2018 at his house in Shouson Hill, and on several occasions between November, 2018 and April 2019.
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In court today, his lawyers challenged the lack of particulars in the second charge, saying the agreed facts in the case did not indicate that the assaults happened on multiple occasions during the period indicated.
Asked to respond to the argument, the prosecutor asked for sometime to ask legal advice, and the proceedings were adjourned again. When they resumed, the prosecution said it was amending charge 2, and would include a third one.
Finally, Apthorp was asked to plead to three counts of
indecent assault, all of which allegedly happened inside his house at 35B,
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| BASAHIN ANG DETALYE |
The first allegedly happened on Sept. 11, 2018, or six days after X started working for Apthorp. The second, between November and December 2018, and the third, in April 2019.
Apthorp, whose voice was raspy but loud enough to be heard by everyone, pleaded not guilty to all the charges.
First to be called to the witness stand was X, who recalled how she had attended a job interview at Apthorp’s house on Sept. 2, 2018, where the doctor’s former helper, Janice Villanueva, was also present.
X admitted signing a contract where giving a massage to the elderly doctor was included among her duties. However, she said she thought this only meant massaging the employer’s lower limbs, as he could have difficulty walking because of his age.
But on Sept. 11 that year, or six days after she officially started working at Apthorp’s house, the defendant allegedly told her to go with him to his room for an examination.
At first, X said she just at on the bed, but the employer, who had a stethoscope on, told her to lie down, then proceeded to take off her bra.
X said she felt “embarrassed and scared” so she just closed her eyes. The defendant, meanwhile, proceeded to rub and squeeze both her nipples with both his hands as she lay on her side with her eyes closed.
The hearing resumes tomorrow.
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| PADALA NA! |
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