'Inquiry can find truth despite absent witnesses'

The chairman of the Bar Association, José-Antonio Maurellet, on Sunday said he believes the independent committee of inquiry looking into the Wang Fuk Court fire could uncover the truth behind the disaster. In an interview with TVB News, Maurellet said that 26 barristers are now involved in the inquiry representing different stakeholders – a record high for such a proceeding. He noted the committee is examining over one million files relating to the inferno that killed 168 people at the Tai Po residential estate last November. He said that beyond just reviewing documents and legal submissions, much of the work involves cross-examination, and that under common law, he believes the truth could be found through that process. He stressed that when someone refuses to testify or provide a document, the court can take that as a sign that it's likely because the evidence would go against them. "If a witness doesn't show up to give evidence, or if certain documents are not handed over, generally speaking, under the common law tradition, the court can make an inference — that the reason you didn't hand over a document might be because it's unfavourable to you," he said. "Or if a witness doesn't come forward to testify, it could be because they think it would harm their own position. So just because a witness doesn't testify, that doesn't necessarily affect the inquiry's work — it does not." He added that, generally speaking, the evidence from the hearing could be used later in both criminal and civil cases. Edited by Tony Sabine