- 16 47. The representative forwarded, with his final written arguments, vouchers for the expenses
he incurred following the submission of the motions and arguments brief. The State argued that
these new requests for costs should be declared inadmissible as they were time-barred, because
the representative should have made the requests in his motions and arguments brief. The Court
recalls that, under Article 57(2) of the Rules of Procedure, evidence of facts that take place
following the motions and arguments brief is admissible in the case of the representative of the
presumed victim. Therefore, following its consistent practice, the Court admits the documentation
on costs and expenses incurred after the presentation of the motions and arguments brief, sent
by the representative together with his final written arguments, and incorporates it into the body
of evidence.
48. On April 13, and June 11 and 18, 2015, the representative sent information on a request
made on March 3, 2015, in the domestic sphere to “change house arrest to an order to appear in
court periodically,” for the Court to assess it, “because it related to a supervening fact.” The State
opposed the admission of this information because, in its opinion, the representative had not
founded his request satisfactorily and the results of the request “are not included in the matters
that are being analyzed by the Court […] in this case.” According to the State, the representative
did not identify the specific purpose of his request or the provisions of the Rules of Procedure on
which he based it. In addition, he did not specify why the request to change the house arrest
would represent, “strictly, a ‘supervening fact,’” and had failed to indicate what he sought to
prove with this documentation, or with which to the disputed issues it was related. In this regard,
this Court finds that the documentation forwarded by the representative constitutes updated
information on the detention situation of Wong Ho Wing, which is part of the factual framework
and purpose of this case. Since it refers to facts that have occurred and remedies filed following
the representative’s last communication, it constitutes information and evidence of supervening
facts; therefore, the Court admits the said information under Article 57(2) of the Rules of
Procedure.
B.2) Admission of the testimonial and expert evidence
49. The Court also finds it pertinent to admit the statements of the presumed victim and the
witnesses, and the expert opinions provided during the public hearing and by affidavit, to the
extent that they are in keeping with the purpose defined by the President in the order requiring
them (supra para. 10) and the purpose of this case.
50. The representative asked the Court to reject the expert opinions offered by the State
because they were not objective. He argued that, during the hearing, the State had accepted that
its agents “had ‘levels of coordination’ with the expert witnesses that they proposed”; thus, expert
witness Ang Sun read his answers to the questions posed by the State. According to the
representative, “[t]his situation not only violated the right to defense of [his] client, because he
was unable to have the same ‘levels of coordination,’ but also completely invalidates the opinion
of [the] expert witnesses.” In addition, specifically with regard to Ang Sun, he argued that the
latter had a direct interest in the result of the case, asking the Court more than once to take a
prompt decision on Wong Ho Wing’s extradition. The Court considers that the representative’s
observations refer to the scope and probative value that should be granted to these expert
opinions, which does not affect their admissibility as part of the body of evidence. The Court will
take these observations into account when assessing this evidence in its analysis of the merits of
the case.
51. For its part, the State asked the Court to reject the expert opinions of Geoff Gilbert, Carmen
Wurst and Ben Saul. According to the State, expert witness Geoff Gilbert did not have the
required profile and sufficient experience in the matter covered by his opinion; it also contested
the application of the precedents used by the expert witness to the case of Wong Ho Wing.