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Written by: Lin Leer
2021-01-22 13:05
Last update date: 2021-01-22 13:05
The 60-year-old truck driver was accused of picking up a brick and attempting to stab a police chief during a clash between police and civilians in Mong Kok in October of the previous year. He was charged with one count of attempting to assault a police officer.
He denied the charge and accused the police officer of fabricating a cautionary statement during the trial earlier, and argued that he was just bending over and scratching at the time and did not pick up bricks.
Magistrate Cheng Nienci today (22nd) refused to accept the defendant's statement and found guilty at the decision of the Kowloon City Magistrates' Court.
He described the defendant’s efforts to add fuel to the fire and rebuked him with no regrets. He also pointed out that if the police did not immediately fire a pepper ball gun to stop it, it might cause serious consequences and was eventually sentenced to 9 months in prison.
The defendant Zeng Weiguang (63 years old) reported that the truck driver was charged with attempting to assault Sheriff X outside the new city on Argyle Street, Mong Kok on October 27, 2019.
The defense questioned the involuntary statement of the defendant
The cautionary interview record stated that the defendant admitted to picking up the brick but did not throw out the subdued.
The defense stated during the trial that the defendant had no education in the third grade of elementary school and did not know how to read Chinese, saying that these confessions were not made voluntarily by the defendant, but were made by the police officer who took the statement.
The magistrate pointed out that the police officer’s cautionary interview record had inadequacies, such as the number of pages of documents that were not filled out, and the record of the interview time was wrong, but they all made mistakes accidentally. The court accepted him as an honest and reliable witness.
Think that the defendant should be readable and understandable
The magistrate continued that if the police officer made a fictitious confession, there would be no reason to excuse the defendant, but the confession recorded that the defendant explained that the sword was used for daily work.
Furthermore, the defendant was a driver and needed to understand the questions in the written test to choose the correct answer. The court considered that he might not understand the difficult words, but could read ordinary words, and ruled that he voluntarily gave a testimony and was accurately recorded by the police.
The defendant made a throw
Regarding the defense's question that the defendant could not be sure whether the defendant picked up a stone or a brick, the magistrate stated that it was not critical what the defendant was holding. He also pointed out that the defendant had made a throwing statement, so he approached the arrest.
The defense alleges that the defendant was bent and itchy
As for the defendant's arguing that he was stooped and itchy because of the pepper ball gun, the magistrate said that if his statement is true, the defendant should carefully watch for the presence of a police officer with a gun. However, he confessed that he did not know whether the victim had a gun.
Moreover, even if the defendant wants to observe the police action, there is no reason to be close to the victim about 10 meters, putting himself in the range where he might be hit by the pepper ball gun.
The magistrate ruled that the defendant picked up the brick and threw it, only because the victim shot the pepper ball gun in time, and found guilty.
The defense pleaded that the defendant had a first offense with a monthly income of 13,000 yuan, and would give his ex-wife and daughter 8,000 yuan each month. The court hopes that the sentence will be lighter.
Believes that the defendant's behavior is adding fuel to the fire
The magistrate said that someone had thrown sundries at the police before the incident, and the court would not impose the blame on the defendant, but the defendant tried to throw bricks in this case, adding fuel to the fire.
If it weren't for the police officer to fire the pepper ball gun promptly, once the brick hits the vulnerable part, it could cause serious consequences.
Citing the High Court’s ruling that the court will not condone police attackers
The magistrate quoted the judgment of the High Court, stating that the court will not condone the assault on the police, and that the penalty must be deterrent. Therefore, nine months' imprisonment was used as the starting point for sentencing.
He also accused the defendant of not pleading guilty, had no remorse, could not find a reason for commutation, and was eventually sentenced to 9 months in prison.
Case Number: KCCC896/2020
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