Footage of defendant filming scuffle, and not engaging in it, convinces judge
JASMINE.SIU@SCMP.COM
PUBLISHED : Thursday, 26 November, 2015, 1:06pm
UPDATED : Thursday, 26 November, 2015, 3:35pm
Defendant Zhao Li leaving court in Tsuen Wan. Photo: David Wong
A mainland housewife walked free from court this morning after a magistrate found her not guilty of elbowing an airline’s ground staff in a fracas triggered by a flight delay at Hong Kong International Airport.
Zhao Li, 40, was among six arrested in the early hours of July 28 after a scuffle broke out between disgruntled passengers and Hong Kong Airlines’ ground crew members at the airport’s gate 61.
Passengers were dissatisfied that their flight to Beijing had been delayed as they were originally scheduled to board at 7pm the previous evening.
Zhao denied one count of common assault in Tsuen Wan Court.
It was alleged that during the fracas she elbowed airline ground staff member Chiu Fong-lam, 22, who in the aftermath reported chest pains to the police.
But Zhao’s counsel, Cherry Hui Shuk-yee, argued that Zhao was only filming the scuffle to show it to police and said Chiu was visible on a video screenshot as filming at the time.
On this basis, Hui argued it would be impossible for Zhao to elbow Chiu.
Magistrate Amy Chan Wai-mun said: “ The crux of this case lies in the reliability and trustworthiness of [the victim] ... I find her an honest, reliable witness.”
She agreed with the defence that it was possible for Chiu to be the woman pictured filming during the fracas. Magistrate Chan deemed the defendant honest in her court testimony and noted she had no criminal record.
“Since I cannot rule out the defendant’s testimony may be true, and the benefit of the doubt goes to the defendant, the defendant is acquitted,” the magistrate said.
http://m.scmp.com/news/hong-kong/law-crime/article/1883505/mainland-china-tourist-acquitted-case-hong-kong-airport
