Accountant who claimed retired policeman attacked him at rally calls for appeal
PUBLISHED : Monday, 27 January, 2014, 4:30am
UPDATED : Monday, 27 January, 2014, 5:52pm
Ernest Kao [email protected]
Simon Wan shows a video of the 'attack'. Photo: Nora Tam
An accountant who was allegedly attacked during a heated rally over the swearing-teacher affair last year will ask the Department of Justice to consider an appeal.
The move comes four days after Kwun Tong Court cleared the retired police sergeant who was accused of grabbing and shoving Simon Wan Ka-sing of charges of common assault dating to October last year.
Yeung Chi-wai, 58, denied three charges of common assault by claiming he had been trying to pull Wan out of harm's way during a clash between supporters and opponents of primary school teacher Alpais Lam Wai-sze.
Both groups staged rallies in Mong Kok, after an online video of Lam verbally attacking police officers over their handling of a Falun Gong protest went viral a month earlier.
But Wan, 33, yesterday said he was not satisfied with the court's "strange" decision and felt there was still a case to be heard.
"I feel there should be a more appropriate ruling and I am requesting an appeal through the Department of Justice," he said.
"The explanation that he was trying to pull me away to safety just does not hold weight. He was one of the retired police officers participating in the event whose views were counter to those supporting [Lam]. It's hard to believe he did that as a good deed."
Wan also argues the strength with which he was pushed hurt his shoulder and did not appear to be a gesture of goodwill.
Principal Magistrate Ernest Lin Kam-hung said bodily contact between the defendant and the two witnesses was "indisputable" but there was insufficient proof the defendant acted with an intent to impose violence.
A video of the incident shows Yeung yanking Wan by the shirt and pushing him into the crowd, right after Wan had made a thumbs-down gesture.
"My concern is that in this time of greater political tensions, more indistinct common assault cases will happen during rallies between pro and anti-government supporters," Wan said.
Yau Tsim Mong district councillor Lam Ho-yeung, who is assisting Wan, said an appeal had a 50/50 chance of success.
The department could not be reached for comment last night.
