Chaudhry Solicitors

17 Feb, 2026

HCMA 98/2023

We are pleased to report another successful appellate outcome for our client.

Our firm acted for the appellant in HCMA 98/2023, a case concerning a conviction for indecent assault said to have occurred in the workplace. After a comprehensive rehearing, the Court of First Instance allowed the appeal and quashed the conviction.

The Court identified several material issues affecting the safety of the original verdict, including:
Inaccurate and misleading photographic evidence: The police photographs relied upon at trial did not accurately reflect the office layout, and relevant defence evidence on this point was not properly addressed.

Misinterpretation of CCTV evidence: The magistrate’s finding that the appellant was “pretending” to use his phone was held to be speculative; the Court noted that objective phone records should have been examined before drawing such a conclusion.

Improper treatment of defence evidence, including the appellant’s medical condition (rheumatoid arthritis) and mobile phone usage at the time of the alleged incident.
Credibility findings that were insufficiently reasoned, particularly given inconsistencies and omissions in the testimonies of the prosecution witnesses.

Having considered these deficiencies, the Court concluded that the conviction could not be regarded as fair, safe, or just. The appeal was therefore allowed, the conviction quashed, and the appellant was granted costs of both the trial and the appeal. Mr. Andrew Leung instructed by our CHAUDHRY M. Kamran appeared for the defendant both at trial and in the appeal.

This decision underscores the importance of evidential accuracy, fair assessment of both prosecution and defence testimony, and rigorous adherence to the standard of proof in criminal proceedings.
We remain committed to delivering thorough, strategic, and principled advocacy for our clients at every level of the court system.

The full decision can be found here: https://shorturl.at/NdZtj

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HCMA 98/2023

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