Key witnesses in beautician’s botched boob job death not in Australia on eve of trial

The future of the trial of tourist Jie Shao, who allegedly killed her beautician boss with breast filler injections, is uncertain after key police witnesses left Australia.

Questions hang over the looming trial of a Chinese tourist, who allegedly killed her boss with botched breast injections, after three crucial police witnesses left Australia for China and Taiwan.

Jie Shao is charged with manslaughter and using poison to endanger life after she allegedly injected Jean Huang with tramadol, lidocaine and then breast fillers in September 2017.

Ms Huang, who was having the procedure done at her own Chippendale beauty clinic, went into cardiac arrest and died two days later in hospital.

Jie Shao (centre) is facing manslaughter charges over the death of Ms Huang. Picture: Damian Shaw

Shao’s trial was delayed last year because prosecutors struggled to get approval from Chinese authorities for important witnesses to give evidence.

Prosecutors had to pay Shao $55,000 to cover the legal bills caused by the adjournment.

Almost a year on it now appears three of the key witnesses, including a nurse already convicted for the botched operation, have all left Australia, the NSW District Court heard on Tuesday.

Yuegiong “Caroline” Fu was given a two year good behaviour bond after pleading guilty to recklessly administering poison and providing false statements to police in the wake of her manager’s death.

Beautician Jean Huang died following a botched medical procedure at her Sydney beauty salon. Picture: Facebook

The then-31-year-old nurse promised to help police in the prosecution of Shao, Crown Prosecutor Karl Prince told the court, but has left Australia since completing her sentence.

A judge discounted her sentence by 40 per cent because she pleaded guilty and was willing to help police.

“I feel so so sorry for my boss’ family,” she told the court in May 2019 after claiming she was following “Chinese thinking” by obeying the orders of her superiors.

Fu has returned to China and had a baby, the court heard, and won’t be vaccinated against Covid-19 until she finishes breastfeeding so cannot return to Australia to give evidence.

Ms Huang was taken to hospital in critical condition but died two days later. Picture: Facebook

Clinic doctor Ronald Hsiao, who reportedly performed CPR on the dying woman with Fu, was last known to be in Taiwan, the court heard.

A third woman, who also worked in the clinic and is a witness to the death, has also returned to China, the court heard.

None of the three have been precisely located, the court heard, but prosecutors asked Judge Mark Williams to allow them to give evidence using video links if they can be found.

“There’s only 1.6 billion people there (in China),” Judge Williams said, succinctly summarising the police dilemma.

Shao’s barrister, Winston Terracini SC, said China does not allow its citizens to give remote evidence in foreign courts without permission.

It also restricts Chinese citizens from travelling to give evidence, he said.

“Historically they don’t permit Chinese citizens to be cross examined in jurisdictions they don’t necessarily approve of,” Mr Terracini said.

Three of the witnesses in prosecutors’ case against Shao are no longer in Australia just days from the start of her trial. Picture: Damian Shaw

Shao’s barrister said he advised the police officer in charge of the case he would need to apply to the Chinese government for the witnesses to give evidence in April 2020 - and since then it appeared “nothing” had been done.

Judge Williams asked if the detectives or their Chinese counterparts were looking for the women and what had been done to nail them down since the last delay in 2020.

“Nothing has been done to advance the Director of Public Prosecution’s position,” Mr Terracini responded.

“Where is the documentation saying they’ve applied to the Chinese embassy? There’s nothing. Where is the documentation for enquiries to Taiwan? Nothing.”

Crown Prosecutor Prince disagreed that nothing had been done - but “nothing has been resolved” he conceded.

The Commonwealth government was still making requests with the foreign governments, the court heard.

The Chinese government, led by President Xi Jinping (pictured), rarely grants citizens permission to appear in overseas courts. Picture: AFP

The court heard the failure of police to locate the witnesses could become relevant if Shao or prosecutors ask to vacate or permanently stay the trial before it begins at the end of the month.

But, as of Tuesday Mr Prince said, the court should grant the videolink request just in case they are found before the month-long trial kicks off.

Shao’s lawyers disagreed - Mr Terracini said Dr Hsiao was “never coming back” to Australia as he was in charge of the clinic when Ms Huang died.

The other two women were also involved in the alleged crime, he said.

Shao’s lawyers also questioned what an Australian court could actually do to ensure a foreign witness was being honest.

“What can we do about witnesses giving evidence in jurisdictions where we can’t do anything if they tell untruths?” Mr Terracini said.

“These are crucial witnesses.”

Judge Williams noted the witnesses were important for the police case and would be cross-examined by Shao’s lawyers through four to five days of evidence.

Dr Hsiao, he noted, had given different versions of events and Ms Fu had already been convicted so their credibility would likely be an issue raised by Shao’s lawyers in the trial.

But the judge said he would not grant the police request for remote evidence from the three witnesses.

“It would be more appropriate for them to be called to give evidence in the trial in the conventional manner by appearing in court,” he said.