Appeal in crash acquittal

Photo: CTV

Alphonsus Hui was killed when his car was T-boned by Ken Chung in 2015.

The Crown is appealing the acquittal of a man who killed a Vancouver doctor on his way to work in a traffic collision in 2015.

Ken Chung, 35, was charged with dangerous driving causing death after he T-boned Dr. Alphonsus Hui's Suzuki at the corner of Oak Street and 41st Avenue on Nov. 14, 2015. Chung was viewed on a dashcam driving 139 km/h in the 50 km/h zone before the collision, and hit Hui at 119 km/h.

Hui was pronounced dead at the scene.

The trial against Chung began in January 2018, but he was acquitted on May 25, with Justice Gregory Rideout finding the “momentariness of the accused’s conduct in excessively speeding is insufficient to meet the criminal fault component.”

Following the acquittal, Hui's daughter Monique started an online petition urging the Crown to appeal the court's decision. The petition has more than 52,000 signatures.

“My father was robbed of seeing my brother get married and continuing his unyielding service to his more than 1,000 patients and multiple non-profit organizations that he gave his time and energy to,” Monique wrote on the petition. “My twin baby boys will never get to meet their grandfather.”

Thursday, the BC Prosecution Service released a statement saying it has filed an appeal.

“The BCPS 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,” the statement reads.