Zhao Jiaxian’s Ear Biting and Slinging Case | The defense alleges that the defendant was affected by drunkenness and did not meet all the conditions of the disease

The then district councillor, Zhao Jiaxian, was bitten by a part of his left ear outside the Taikoo Shing shopping mall the year before. The trial was resumed in the High Court today (29th). The defense psychiatrist confessed that although the defendant suffered from recurrent depression and Alcohol dependence, but believes that the case is not related to these two diseases.

He believes that the defendant was affected by alcohol intoxication and may also suffer from memory loss due to head injuries and alcohol.

However, the expert was pressed by the prosecution and admitted that after the defendant had drunk at home that day, the conflict occurred about 1.5 hours later, which is not consistent with the situation where his drunken patient developed symptoms soon after drinking.

The expert met with the defendant in July this year

Huang Yiqian, a psychiatrist summoned by the defense, gave a testimony. He said that on July 22 this year, he met with the defendant Chen Zhen (51 years old) at the Lai Chi Kok Reception Centre, and based on the meeting and multiple medical reports, he wrote the spirit for the defendant. Section report.

The report mentioned that the defendant claimed to have no political opinions and only wanted to make money.

Regarding the demonstration in 2019, the defendant responded that he did not support violence, nor did he hate the demonstrators.

The crime cannot be attributed to depression or alcohol dependence

Huang believes that the defendant suffers from recurrent depression, that is, more than one occurrence of depression.

Huang believes that the defendant suffered his first depression in 2004 when he was in Shenzhen.

In addition, the defendant fell ill again in 2012 and 2017.

He has been attending the psychiatric department of Eastern Hospital since 2012 and has taken antidepressants.

In addition, the defendant also suffers from alcohol dependence, if he has a strong urge to drink.

Huang believes that the defendant’s behavior at the time of the incident was different from usual and cannot be attributed to recurrent depression and alcohol dependence.

Psychiatric expert Huang Yiqian believed that the defendant Chen Zhen was affected by the intoxication, but admitted under cross-examination that Chen's condition at the time did not meet all the conditions of the disease.

(New photo by Zhu Di)

Huang Xuhui pointed out that the defendant had drunk alcohol before the incident, and he was involved in a conflict on the way back home, and made explosive and aggressive behaviors.

He became unconscious and lost his memory of the incident.

Huang believes that the circumstances of the defendant's case are consistent with alcoholism.

Huang Zhi, the disease is a mental illness.

The disease needs to meet 4 conditions, one of which is acute intoxication. The patient may not drink too much alcohol, but symptoms will appear.

Huang also pointed out that the defendant could not be aware of his actions when the crime was committed.

Head injury or alcohol to amnesia

Huang believes that the defendant’s loss of memory of the incident may be due to the defendant’s head injury, or the memory loss caused by alcohol.

However, the prosecution questioned during cross-examination that alcohol intoxication must meet all four conditions, and the third condition is that symptoms appear soon after drinking.

However, according to closed-circuit television records, the defendant did not meet the third condition of alcoholism for about 1.5 hours from leaving the residential building to the moment before the incident occurred.

The prosecution's main witness confessed and the incident happened.

(See the picture below for details)

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Admitting non-pathological drunkenness under questioning

Huang pointed out that at first he thought that it took less than 60 minutes for the defendant to have contact with the defendant from leaving the residential building.

The judge asked whether he would change his opinion if the interval was about 1.5 hours, and whether he would still be sickly drunk.

Huang agrees that in this case it is not pathologically drunk.

The defendant Chen Zhen was charged with 3 counts of intentional wounding and 1 count of ordinary assault.

The charge alleged that he illegally and maliciously harmed Wen Hao Lun, Leung Pik Ki and Zhao Jiaxian outside Cityplaza Center on November 3, 2019, and assaulted Liang Yingying on the same day.

Among them, Wen Haolun and Liang Biqi are the couple, and Liang Yingying is Liang Biqi's cousin.

Case Number: HCCC204/2020

Zhao Jiaxian was bitten and shook his ears, the defendant claimed that he could not represent the assailant in the film. Ear Case | Witness: The defendant is surrounded by people, and it becomes crazy like uncontrolled. Zhao Jiaxian was bitten and threw his left ear|Zhao pointed that the defendant said before the attack: After I recognized you, I saw the ear was spit out Zhao Jiaxian was bitten and threw his left ear|On behalf of the defense lawyer The defendant apologized and asked whether the victim could forgive the officer for stopping the case of Zhao Jiaxian being bitten and throwing his ears. The male passerby heard that someone called for the restoration of Taiwan. Bite to take off

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