Deputy Magistrate Bu Yanan found the defendant not guilty of careless driving.

The defendant was charged with careless driving. PW1’s private vehicle was parked at a parking-space near the only exit of a car park. After leaving the vehicle parked there for almost 2 days, PW1 found scratches near the rear of his vehicle. Upon viewing the CCTV footage, PW2 (a security guard) and PW3 (a police officer) found that the defendant’s vehicle drove away from the exit. PW2 said the defendant’s vehicle was “very near” PW1’s vehicle whilst PW3 said the defendant’s vehicle collided with PW1’s vehicle leading to a slight movement of the latter. PW2 used an unknown mobile phone to take two photos of the screen when the CCTV footage was playing and send the same to PW4 (the investigating officer). PW4 then printed the two photos and exhibited the same to the court. The CCTV footage was not seized. Despite objections, PW2 and PW3 were allowed to give evidence on what they saw in the CCTV footage and to exhibit the two photos.

The Magistrate found PW2’s and PW3’s evidence to be irreconcilable. As such, she acquitted the defendant.

Simon So (with Jack Hui) represented the defendant in the 3-day trial.