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Written by: Li Huina
2021-02-17 14:39
The last update date: 2021-02-17 14:39
Seven pan-citizens including Li Zhiying, founder of Next Media Group, denied organizing and participating in the "streaming assembly" on August 18 of the previous year. The trial continued today (17th).
The defense filed a formal application for submission of a report written by Clifford Stott, a former international expert group member of the IPCC. The expert will assess whether the police crowd management measures are reasonable on that day, and the defense will raise whether the defendant’s behavior is reasonable or not; the prosecution will refute the expert report Unable to assist the court in making factual determinations.
Seven defendants deny charges and are on trial
Nine defendants: including Li Zhiying, Li Zhuoren, Wu Aiyi, Liang Guoxiong, He Xiulan, He Junren, Liang Yaozhong, Martin Lee, and Ou Nuoxuan.
Liang Yaozhong and Ou Nuoxuan pleaded guilty yesterday, and the remaining 7 people continue to be tried for organizing unapproved assembly and participating in unauthorized assembly.
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The defense applied for the former members of the IPCC to give evidence
Before the prosecution officially opened the case, the senior lawyer Luo Yinggan representing He Junren and Martin Lee should formally submit a report. The report was written by Clifford Stott, a former member of the IPCC International Expert Group and Professor of Psychology at Keele University in the United Kingdom. The video system gave evidence.
Question the police handling unreasonable
Luo Dazhuang said that experts will give opinions on the police's crowd management measures on that day, including whether the police's continued opposition to the march and subsequent arrests was reasonable, so as to raise whether the defendant had a reasonable excuse.
The defense requested to quote the opinions of British experts, but the prosecution had different opinions. (See the picture below for details)
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Assess whether the police can protect public safety
Luo Dazhuang explained that a no-objection notice was obtained at the Victoria Park rally that day, and how the police should safely disband the rally also involves crowd management issues. Experts will assess whether the police action that day can protect public safety.
Experts will also talk about the shortcomings of police actions to assess the impact of each defendant on public safety.
Luo Dazhuang also claimed that the prosecution did not disclose the police's operational information to the defense until the prosecution opened the case and learned that the police had removed uniformed police officers that day. He pointed out that the practice was unusual, and it also extended how the police could perform. Responsibilities to ensure public safety issues.
Officials questioned that experts seemed to only criticize police practices
However, Judge Hu Yawen questioned the expert evidence that seemed to be only criticizing the police action and how it was related to the case. Unless the defendant appeared in court to give evidence, the expert could not give an opinion on the defendant's intention to act.
The other defendants also supported the application and emphasized that expert opinions are very important for them to challenge the rationality of police actions.
The prosecution also questioned the impartiality of the experts
Yu Ruohai, a senior case representing the prosecution, retorted that the expert evidence is not relevant to the case. He also claimed that the defense experts had no experience in handling local public safety incidents and questioned the impartiality of the experts because the expert had published a copy earlier Criticize the Hong Kong police report.
Think the report cannot assist the court
Yu Dazhuang further stated that reasonable excuses cannot be used as a defense for organizing crimes. As for the crime of participation, the court can make a factual judgment on its own to determine whether the defendant was disbanding the crowd in an orderly manner or participating in an unauthorized assembly. The expert report simply cannot Assist the court.
The hearing continued in the afternoon.
Case Number: DCCC 536/202
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