During an anti-gambling operation, a police sergeant in Tai Po District was suspected of taking away two pairs of brand new sparrows that had not been ordered to be seized for his own use.
The sheriff later denied one count of misconduct in public office, and the case was ruled in a Fanling court today (20th).
Deputy Magistrate Chen Xiaoming pointed out that there were differences in the evidence of several police officers in the case, and even denounced one of them for not telling the truth.
Although there is evidence that the defendant once said: "Go back, there will be sparrows to fight." But his tone was frivolous, and there was a chance he was just joking.
The defendant put the sparrow involved in the case in the mobile vehicle without reporting it to the inspector. The behavior was suspicious, but it could not be ruled out that the defendant may have just memorized or neglected to report it, and ruled that the sheriff was not guilty.
Defendant Huang Wenhao (34 years old), charged with one count of misconduct in public office, alleging that on August 4, 2020, as a police officer, in the course of performing his duties, he unlawfully committed misconduct without reasonable excuse , that is, during the investigation of the ground floor shop at 22 Wo Lung Street, Fanling, received, obtained or misappropriated two pairs of mahjong; and concealed or failed to declare.
Sheriff Huang Wenhao was found not guilty of misconduct.
(Photo by Liu Anqi)
Only one person heard the defendant buying sparrows from the person in charge
In his ruling, Chen Guan pointed out that police officer Zhang Yaoyong (transliteration), who had testified in court, had many unreasonable statements. For example, Zhang said he heard police officer 19035 ask the defendant that day, "What two new mahjongs will you use to seize?" When the policeman testified, 19035 denied the matter, and even said he didn’t know that the two boxes contained sparrows; as for the defendant once said to the person in charge of the gambling stall, “100 mosquitoes will buy the canal with you.” Chen Guan It means that in that place only 300 feet, only Zhang claimed to have heard this, and his evidence was not credible and was not accepted.
The policeman saw sparrows in the cardboard box many times but did not ask
As for police officer Wang Yuchang, the third witness, Chen Guan pointed out that Wang’s testimony contained a lot of subjective opinions, which was strange and unreasonable. A box of mahjong was exposed, but he ignored it and questioned him. When he saw the defendant leave the gambling unit with two boxes of mahjong and a closed-circuit TV box, he thought it was strange, but he still did not ask.
As an evidence police officer, Wang said that he thought he wanted to ask the defendant how to deal with the sparrows involved, but he did not mention it on many occasions, but suddenly told another police officer the next day.
Chen Guan therefore thought that Wang's series of excuses did not tell the truth.
Go back and have sparrows playing or just joking
Chen Guan continued to point out that although there is evidence that the defendant once said at the scene, "There will be sparrows to fight back." But his tone was frivolous at the time, and it cannot be ruled out that he was just joking.
The defendant put the sparrow involved in the case on the mobile vehicle without asking the inspector. Although his behavior was suspicious, there was no evidence to show that he had no intention to report it to the inspector. The defendant may have just forgotten or neglected. There is still doubt as to whether he had the intention of misappropriation. He is not guilty.
Case number: FLCC338/2021
In the anti-gambling operation, the sheriff suggested to the person in charge to buy a new sparrow. The male policeman was accused of misconduct He was jailed for stealing under the refrigerator without registering. In September, the sheriff stole a credit card from a colleague to buy an iPhone. He was praised as a role model for the police. He was sentenced to prison. Violation punishable by deterrence
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