回復 30# 的帖子
[10] In considering this ground I feel it is important to bear in mind that the magistrate did not say that he accepted Miss Chow’s evidence about the occupancy of the top deck to be accurate but simply that the evidence was not "significantly" shaken by evidence from the bus company and its representative.
[11]She was giving evidence two months after the incident. She was not saying there was nobody behind her. Her attention is unlikely to have been focused on the people behind her.
[16] Having considered the evidence concerned I consider this was probably not a discrepancy at all but simply a matter of translation as a result of the ambiguity in Chinese between "hand" and "arm". When she was giving evidence in court the initial translation of what she was saying was that it was his hand that had swept across her breast. It was only after she gave a demonstration that it was realised that what she was talking about was his elbow
In both her evidence and in her statement she had said that the appellant had then caressed her thigh under her skirt. In her witness statement, but not in court, she had referred to him then using his elbow to press against her breast several times.
[32] I find that the magistrate correctly and properly came to the conclusion that the appellant was guilty of the offence charged. I am satisfied that this was the correct verdict in this case.
[ 本帖最後由 Elf 於 12-4-2009 13:25 編輯 ]
若法律本身就不公義，守法只會淪為社會不公義的助力而已。
