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The judgment noted that on the evening of 14 November 2019, the two defendants, taking advantage of a gathering of protesters at Aberdeen Centre Plaza, entered a closed shop with others, allegedly prised open the shutter and unlawfully damaged and caused the loss of goods worth around HK$5,000. The prosecution, relying on CCTV and online footage, eyewitness testimony from police officers at the scene, the arrest of the two individuals near the scene shortly after the incident, and physical evidence such as their clothing, umbrellas and gloves, asserted that the pair were the intruders. The defendants denied the charges and chose not to give evidence. During the trial, both sides submitted statements of agreed facts and closing arguments, and the court delivered its verdict after the hearing.
In criminal cases, the prosecution must prove the defendant’s guilt beyond reasonable doubt and must separately consider each defendant’s favourable and unfavourable evidence.
In view of the poor quality of the CCTV and recorded footage, the intruders wearing masks, headgear and carrying umbrellas, and their clothing and personal items being ordinary and lacking sufficient distinctiveness; and given the place and time of their arrest, their attempt to flee and their statements, the contextual evidence is insufficient to support a single reasonable inference.
The judge considered that the prosecution was unable to reliably identify the two defendants as the intruders in the shop; that all the evidence, whether viewed individually or collectively, was subject to reasonable doubt; and concluded that the evidence was insufficient to support the charges.
The two defendants were found not guilty and acquitted. (Translated from Chinese to English by AI)
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