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Written by: Zhou Zhiqing
2020-09-02 16:04
Last update date: 2020-09-02 16:04
On November 13 last year, a demonstrator blocked a road in Tsing Yi. When the police dispersed, they chased a young man and found a hexagonal key in his pocket. He was charged with one count of possession of goods suitable for illegal purposes and one count of causing obstruction in a public place. crime.
The case opened in West Kowloon Magistracy today.
The defense pointed out that the young man was stopped by the police officer and crushed his head with blood. But the police officer stated on the statement that the defendant had resisted and pushed the police officer and used force against him. The defense submitted a video clip that closed the road. Seeing the above incidents, questioning the police officer's confession was to justify himself.
The case was held for ruling on the 22nd of this month.
Defendant Chen Dongcheng, 19, reported that a shop assistant was accused of possessing 6 hexagonal spoons at the Tamganshan Interchange in Tsing Yi on November 13 last year; he was also involved in using ice cream cones and bricks with 10 black demonstrators , Bamboo sticks and other objects block the Danganshan Road, causing obstruction to vehicles there.
The defendant was very close to the road block when he was arrested
The prosecution stated that the hex key held by the defendant could be used to invade a house or to injure a person, that is, to injure others after being arrested.
It was also mentioned that two traffic lanes were blocked in the area where the crime occurred, and the defense did not object that the defendant was in it, very close to the block.
The defendant, Chen Dongcheng, was charged with possession of goods suitable for illegal purposes and one count of obstruction in a public place.
The case is being tried in West Kowloon Magistracy today.
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The officer said the defendant had struggled
The police officer who arrested the defendant, Huang Jiahao, confessed that he had repeatedly warned while chasing the defendant. While running, he grabbed the rucksacks of the defendant and his accompanying girlfriend; the defendant was still struggling when he was stopped and pushed him away with his hands. Trying to escape, he pressed the defendant on the ground and tied the defendant's hands with a plastic band.
During cross-examination, the defense stated that the defendant took pictures at the police station to show that he was battered and bleeding. The CCTV footage showed that the defendant did not bleed when he escaped. He was injured only after being crushed on the ground.
The defense said there was no struggle in the CCTV
The defense provided a CCTV footage from the lobby of Anqing Building, showing that the defendant and his girlfriend were chased into the lobby. As soon as they entered the lobby, they were rushed forward to chase the defendant and dragged the defendant out of the ground floor outside Anqing Building.
The defense pointed out that Huang Jiahao’s statement only explained why force was used against the defendant. He deliberately stated a set of statements different from the content of the clip, that is, the clip showed that the defendant did not struggle, did not push the police officer, and the defendant was pushed out of Anqing. Floor lobby.
The defense claimed that Huang Jiahao confessed that the facts did not exist in an attempt to conceal the force he used. He justified himself and questioned whether the court could accept his evidence without any doubt.
That the prosecution's inference is unreasonable
The defense also pointed out that the prosecution’s statement was extremely far-fetched. It imagined that the hexagonal key could be used as an offensive weapon, but the hexagonal key held by the defendant had no pointed part. He was wearing a normal black coat, black pants and a mask. , Did not have any protective equipment for the demonstration; the police officer’s testimony also stated that the defendant did not pick up or touch any debris among the demonstrators.
It is believed that environmental evidence alone cannot be used, that is, the defendant is present at the scene while others are engaged in criminal activities, so it can be inferred that the defendant has the same criminal intent.
Magistrate Peng Liangting held the case until September 22 for a ruling, during which the defendant was allowed to continue on bail.
Case Number: WKCC1162/2020
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