11.11 THREE SUSPENSIONS: Defendents being FRAMED for dropping Bamboo Sticks to Railway tracks Charges dropped after half year with LACKING EVIDENCE
Netizens organized “Sunrise Mission” in November 2019, involving three suspensions and traffic disruption. Railway tracks of Tai Po region of East Rail Line is suspected to be thrown with 48 bamboo sticks, while there is suspicion of offensive weapons possession in the same district. Nine persons are being prosecuted with the youngest being a 12-year-old boy. The case was brought to the court on 7th May 2020. Among the arrested, charges against two 16-year-old boys have been dropped and they are entitled to be recovered of relevant costs.
The charges against two 16-year-old defendants have been dropped by the prosecution today, two defendants subsequently applied for defence costs recovery given that the prosecution was made solely based on police officers claiming that the defendants were seen on the footbridge several metres away committing crimes with the others. Charges were pressed before identification parade, waiting for “evidence to become available” before court appearance. This has indicated that defendants were prosecuted before the availability of witnesses, incurring enormous costs for the defendants over the past six months.
The prosecution pointed out that the two accused brought suspicion upon themselves by own conduct. However, the prosecution also admitted that on the grounds of no reasonable doubts could be reached, the charges were dropped.
Mr. SO Man Lung, Don, Acting Principal Magistrate, told the prosecution, “You don’t have evidence to proceed with the prosecution, I couldn’t see any exceptional reasons to proceed.” The prosecution was also ruled to pay the costs to the two defendants, two parties would be given two months to discuss the amount.
After dismissal of court, two defendants and their friends and families as well as legal representatives joined together and said prayers immediately. They gave blessings to each other, saying that the worst was finally over.
Nine defendants are being accused of placing and dropping bamboo sticks to railway tracks between Tai Po Market and University stations of East Rail Line on a footbridge of Yuen Chau Tsai at Tai Po Road on 11th November 2019, endangering the safety of any person travelling or being upon such railway. They are being charged of violating the “Offences against the Person Ordinance on a railway with intent to endanger passengers”. At the same time, among the nine, three are being charged of possession of offensive weapons including iron pen, army knife, piler and screwdriver and etc while 12-year-old boy is also being accused of biting inspector X’s finger, resulting in injury.
Related incident: 1111 Sunrise Mission & Three Suspensions
Apple Daily (Report)