A police inspector convicted of assaulting his lover had his name
cleared yesterday after the top court found his excuse that he had been
performing an exorcism was not totally incredible.
Simon Lau Shing-chung, 45, was witnessed slapping the woman on
January 4, 2012, according to the written judgment from the Court of
Final Appeal. He then repeatedly pushed her up and down on the bed in
her flat in Tai Po.
Lau claimed his acts, however, had been lawful as he had consent from
the victim - named only as Ms Yau - to use limited violence while
attempting to rid her of a ghost.
Lau was convicted of common assault and was fined HK$5,000 in Fanling
Court in May last year.
The magistrate found his explanation that his
girlfriend was possessed to be an "invention" and refused to accept the
phone messages as evidence.
But in yesterday's judgment Mr Justice Frank Stock wrote: "[Lau]'s
story about belief in ghosts and about attempts to assist Ms Yau when
apparently possessed by them would be considered by many to be
inherently incredible.
"But in that setting, the account gains credence."
He found old WhatsApp messages, dating back to May 2011 supported the
claim. Yau once wrote: "When you push her, pay attention to me."
Lau claimed he helped her to exorcise the ghost by treating her with a
"mixed soft and hard approach" and she would become herself again.
Yau did not testify in the trial, and the judgment said she could
therefore not be questioned about the meaning of her text messages.
The court heard Lau was a married man and was breaking up with Yau at that time.
The written judgment states that Lau claimed Yau would become
irascible and threatening and then speak to him as if she were another
person.
Stock, backed by Mr Justice Roberto Ribeiro, Mr Justice Robert Tang
Ching, Mr Justice Joseph Fok and Lord Phillips, found the conviction
unsafe and quashed his conviction and sentence.
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