Judge clears Hong Kong student of riot charge over lack of evidence
Prosecutors accused Kevin Ip of two petrol bomb attacks during anti-government protest in August 2019, but he was acquitted in District Court after case was based solely on testimony of arresting officer.
A 19-year-old student accused of rioting during a major anti-government protest in Hong Kong was cleared on Tuesday, after a judge said there was insufficient evidence to support the allegation.
The District Court acquitted Kevin Ip Kwan-shing of taking part in the riot, saying prosecutors failed to prove the suspect was responsible for two petrol bomb attacks on police during the incident in Causeway Bay on the night of August 31, 2019.
While finding the young man had acted suspiciously, District Judge Frankie Yiu Fun-che said he could not be sure Ip was involved in clashes between police and protesters, because prosecutors had provided no security footage showing the alleged offence.
The allegation was based solely on the account of the arresting officer who said he witnessed the incident, but his testimony was not corroborated by his colleague working alongside him, the judge added.
Tuesday’s verdict brings the number of defendants cleared of riot-related offences during protests originating from 2019’s social unrest to 25. Only five riot suspects have been convicted so far.
Thirteen people, including two accused of attacking protesters and railway passengers at Yuen Long MTR station after a demonstration that year, pleaded guilty to riot-related charges without going to trial.
Sixteen defendants, including Ip, have stood trial for rioting during the August 31 demonstration in three separate cases, but only one of them was found guilty. The justice department has lodged an appeal against the acquittal of 11 defendants.
Ip was said to have stood next to three radicals when they were spotted throwing firebombs during a dispersal operation outside the Sogo department store on the night in question.
In security footage played in court, the student could be seen wearing a helmet and carrying an umbrella, but it did not show anyone throwing petrol bombs at police.
The officer who arrested Ip said he saw the four protesters toss two petrol bombs at him. However, another prosecution witness, also an officer, did not recall seeing petrol bombs during the pursuit of the four suspects.
The judge concluded it would be insecure to rely on the arresting officer’s testimony because it could not be supported by other evidence in court.