Social News
Written by: Li Huina
2020-12-02 16:10
Last update date: 2020-12-02 16:13
The private rally team held a "National Sanctions" rally in Central on January 19 this year, but it later turned into a conflict between police and civilians. Many people gathered in Mong Kok that night.
Qian Shiwen, a former member of the school of thought, was involved in possession of spray paint and was charged with possession of objects with intent to destroy property. The case opens today (2nd).
The defense pointedly pointed out that the defendant was wearing a gray jacket at the time, but the police officer said it was black in court. He questioned the police officer’s intuition that "all men are in black", so they thought the defendant was an accomplice and questioned why the police officer It was only half a year later that the confession mentioned that the defendant had "escaped."
The magistrate heard the evidence in the morning and made a ruling in the afternoon, saying that the policewoman’s evidence was unconvincing and that she was found not guilty of money and could receive legal costs.
The defendant Qian Shiwen (25 years old), a clerk, was charged with a can of spray paint on the outer tube at No. 19 Fa Yuen Street, Mong Kok, with intent to damage another person’s property on January 19 this year.
The policewoman said there were 10 people in black gathered at the time
The then West Kowloon Stormtrooper police officer Shi Yingshan confessed that after receiving a report that someone had gathered in Mong Kok, she and her team patrolled the scene. When the police car she was riding into Fa Yuen Street, she saw more than 10 people in black in the garden. They gathered outside No. 19 Street, including the defendant. When they saw the police car, they dispersed. She and her colleagues got out of the car and chased him. Qian was dressed in black at the time, and Shi found a spray paint in his backpack.
The defense said Qian was wearing a gray jacket that day
When the defense questioned Shi's education level, she stated that her education was Yijin graduated.
The defense continued that the photo after the arrest showed that the defendant was wearing a gray jacket, but Shi called it black in court. Shi once explained that the scene might be dark, so she saw it as black. Later, she admitted that she had remembered it wrong.
The defense pointedly pointed out that she did not remember her wrongly, but that she intuitively believed that "all the people in black are people in black." He also intuitively believed that the defendant and the people in black were a group. Shi denied it.
The female defendant Qian Shiwen.
(Photo by Li Huina)
Six months later, the confession was the first to mention that the defendant had fled
The defense also questioned why Shi Zai’s confession only mentioned for the first time that the defendant had “run away” after six months of the incident, and that she was “pursuing” the defendant at the time, and pointed out that she was talking big, and she was "big talk" in court. Big talk," she also denied.
Shi also admitted that in the scene sketch attached to her confession, Guyou Street was wrongly written as Shandong Street. After the defense and the magistrate clarified many times, she said that when she first saw the defendant, she and more than a dozen people left Guyou Street. Walk towards the front of the police car head-on, and then towards No. 19 Fa Yuen Street.
Although Shi said that she had kept the defendant's backpack and the spray paint since she found the spray paint, the news footage involved in the case was not photographed. The defense pointed out that the defendant did not have the backpack and spray paint in his possession at all.
Officials allege that the evidence of female police is not convincing
The magistrate analyzed that the evidence of the policewoman was not convincing.
Written records of the female police repeatedly stated that the defendant was only one or two meters away from the police car at the time. However, after being questioned in court half a year later, another version was given without a reasonable explanation. She even expressed that she was impressed by the defendant’s escape, so there was no need to immediately recording.
Newsreel did not see policewoman holding a backpack
Furthermore, the policewoman did not describe the backpack with spray paint, and even the color and brand were lacking.
The policewoman insisted that she had kept the backpack, but from news footage, it can be seen that when the defendant was taken into the police car, the backpack was not on her or the policewoman at all.
The magistrate continued that the contents of the backpack were not enough to determine who the backpack belongs to, and no one used spray paint to commit a crime.
Because the prosecution failed to prove that the defendant possessed spray paint or had criminal intent, the court ruled that the defendant was not guilty.
The prosecution did not object to the defense's claim for costs, and the court approved the application.
Case Number: WKCC2889/2020
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