The SUN HK : Bloody assault by Filipino ruled self defense

07 November 2023

A Filipino resident was acquitted today at Kowloon City Court of assault occasioning actual bodily harm, a charge that arose from an altercation after he was almost hit by a car last April 13.

However, Arnias Gomez, 49 years old, was fined $4,000 after he pleaded guilty to criminal damage for kicking the rear of the car while it was parking at Ma Tau Kok Road in To Kwa Wan, Kowloon.

He will also have to pay the victim, Cheung Sek-keung, $5,000 to repair the dents he caused.

PINDUTIN DITO!

Deputy Magistrate Yvonne Chan gave weight to the CCTV footage showing Cheung, whose mouth was bloodied by a punch by Gomez, started the fight by grabbing the Filipino’s arm.

She said both Cheung and his wife, who both testified, admitted during cross examination by the defense lawyer that they were angry at Gomez for kicking their car and were shouting at him.

Magistrate Chan asked both Cheung and his wife what language they were using while shouting at Gomez, who was assisted by a Filipino interpreter during the hearing. Both said they spoke Cantonese to the Filipino.

PINDUTIN PARA SA DETALYE

She agreed with Gomez’s lawyer that the testimonies of the couple contradicted each other on several points, with the husband having to correct himself after his narration clashed with what could be seen on CCTV.

“Their testimonies were self-serving,” concluded the lawyer provided free to Gomez by the court under the Duty Lawyer Service.

Magistrate Chan also noted that the CCTV showed that Cheung tried to kick Gomez but missed. He also threw a punch and missed, before he was kicked in the stomach by Gomez and fell.

BASAHIN ANG DETALYE

Gomez followed up with a punch in the mouth after Cheung rose and continued to go after him.

Gomez was retreating the whole time, and was being pursued by the couple, she noted.

Cheung’s wife was also seen on the CCTV swinging her hand while holding a mobile phone in an apparent attempt to hit Gomez, which she denied doing. Magistrate Chan noted that Gomez did not retaliate and continued retreating.

The prosecutor had earlier pointed out that the issue at hand was whether or not Gomez’s action that hurt Cheung was proportional to the threat he was facing.

But in her ruling, Chan said the Cheungs were the aggressors, and Gomez was trying to ward them off. “I find that defendant hit (Cheung) in self-defense,” she added.