THE BC Prosecution Service (BCPS) on Thursday announced that the Crown has filed an appeal of the acquittal of Ken Chung of a charge alleging dangerous driving causing the death of Alphonsus Hui.
The BCPS is seeking a ruling from the Court of Appeal for British Columbia that the acquittal be set aside, a conviction substituted as originally charged or, in the alternative, a new trial ordered. The trial proceeded against Chung on January 29 and he was acquitted on May 25.
BCPS determines whether to initiate an appeal in any particular case by considering the file as a whole against the BCPS appeal policy.
The BCPS said it has reviewed the decision of the court in this case and, in accordance with BCPS policy, is satisfied that: (1) the ruling reveals errors of law; (2) a reasonable argument can be made that the ruling would not necessarily have been issued if the errors were not made; and (3) the public interest requires an appeal.
As the matter is now under appeal there will be no further comment by the BCPS on the circumstances of the case, the decision under appeal, or the grounds for the appeal, said BCPS Communications Counsel Dan McLaughlin.
Ken Chung’s Audi slammed into the Suzuki of Dr. Alphonsus Hui on November 14, 2015, sending Hui’s vehicle airborne at the intersection of Oak Street and West 41st Avenue.
Hui died at the scene from “multiple blunt force trauma sustained from the force of the crash.”
It was determined Chung’s Audi had accelerated to 139 km/h in the block before 41st Avenue. It was also determined he was going 119 km/h at the moment of impact. The posted speed limit is 50 km/h, according to a CBC report.
But a judge determined that “the momentariness of the accused’s conduct in excessively speeding is insufficient to meet the criminal fault component, and he must be acquitted.”
Incidentally, in another case, Chung was found guilty on a 2017 charge of excessive speeding last May.