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Dead phone battery stalls trial of Pinoy in upskirt video case

09 December 2017

By Vir B. Lumicao

Trial of Pinoy in upskirt video case
resumes on Dec 15
A magistrate in Kwun Tong Court was forced to adjourn the trial of a Filipino worker accused of taking an upskirt video of a woman when the phone with the contested footage failed to boot up on Dec. 5.

Magistrate Chu Chung-keung postponed the trial of defendant Nelson San Juan to Dec. 15 after the defense said the battery of the mobile phone with the video had drained.

The defense lawyer said the phone was kept by the police since it was seized in December last year, and its battery had gone dead.

He said the phone would need at least 25 minutes to recharge to 50% and be able to play back the video footage.

The magistrate adjourned the hearing after realizing that San Juan would not be able to finish his evidence by the 1pm break if the phone battery was to be charged up first.

San Juan is on trial for “committing an act outraging public decency”.

The magistrate admitted the video footage as evidence in the case, but disallowed a notebook on which the arresting officer wrote his initial interview with the suspect.

At the previous hearing, the arresting officer had alleged that San Juan admitted his iPhone’s video camera was running while he was behind the woman, Miss X, ascending an escalator at a mall in Kowloon Bay on Dec 23 last year.

The defendant was arrested by the plainclothes officer who tailed him after seeing him holding a mobile phone and following the woman, the prosecution said.

When all three got to the upper floor of the mall, the officer alerted the woman, then accosted San Juan and checked his phone.

In his testimony, the officer said San Juan initially denied he had taken upskirt photos of Ms X but later told him the phone’s video camera was on.

The officer also said he wrote the defendant’s statement on his notebook. But Magistrate Chu rejected the notebook as evidence after the defense lawyer said the statement was taken without San Juan being allowed to contact his employer first.

However, the magistrate said San Juan had a case to answer regarding the video footage.

San Juan, who was free on police bail, was accompanied to court by two female friends. 



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