University Student Acquitted Of Attempted Arson

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2021-01-11 HKT 16:26

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  • A District Court judge has acquitted a university student of attempted arson, saying the prosecution failed to prove its case beyond all reasonable doubt. File photo: RTHK

    A District Court judge has acquitted a university student of attempted arson, saying the prosecution failed to prove its case beyond all reasonable doubt. File photo: RTHK

The District Court on Monday acquitted a university student of attempted arson during an anti-government protest, after two police officers who testified gave contradictory statements.

Abilkaiyr Nukpi from Kazakhstan was accused of trying to ignite a petrol bomb with a lighter in Jordan in the early hours of November 18, 2019, as riot officers laid siege to Polytechnic University.

A police sergeant told the court that after he arrested the student, he spent about three minutes going through the backpack the suspect was carrying. A pair of goggles and a head wrap were found.

The court heard that no attempts were made to look for the lighter the defendant was said to have had at the scene.

"If the defendant was trying to light the petrol bomb several times with a lighter, he should have been arrested for attempted arson and the sergeant should have searched the scene for the lighter, but instead the contrary had happened," the judge said.

He went on to say that it was not safe to rely on the sergeant’s testimony as the court was not sure whether the event really happened in the way described by the officer.

Another police officer, who handled the exhibits, told the court that he found an orange lighter in the defendant's bag after returning to the police station. However, the judge said his witness statement suggested otherwise.

It said that when the sergeant handed over the defendant and the exhibits to him, it included the orange lighter.

"Both statements cannot be true at the same time, which strikes me that the exhibit officer is less than honest," the judge said.

"Given the evidence as it is, the court is unsure of who to believe and what to make of the orange lighter; consequently, the court cannot accept that the orange lighter was found in the defendant’s backpack," he added.

The judge therefore acquitted the defendant, saying the prosecution had failed to prove the case beyond all reasonable doubt.

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