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Filipino teen student tried for wounding school ‘bully’

16 November 2019

By Vir B. Lumicao

The Filipino teenager claimed self-defense during his trial in Eastern Court

A Filipino Form 2 student at Rosary Hill School in Happy Valley has been tried in court on a charge of wounding the face of a mainland Chinese schoolmate with a record of bullying during a dressing room fight in April this year.

Eastern Magistrate Vivian Wong, who presided over the three-day trial of 18-year-old A. J. Delfino, said on Friday, Nov 14, that she was reserving her verdict until Dec 12.

The prosecution presented four witnesses, including the 17-year-old alleged victim. The small and slim Delfino, who came to Hong Kong in July 2017 to join his father, was the lone defense witness.

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The tall and well-built complainant who is in Form 4, told the court Delfino swore at him as he and his friends walked to a bus stop on Stubbs Road from their school on Apr 9.

The complainant said that after he asked Delfino why he swore at him, a brief fight ensued during which the defendant hit him in the mouth.

Two days later, the complainant was at the tuck shop with his friend when he bumped into Delfino. He invited Delfino to a changing room to talk about the incident.
Once in the room, they had a pushing match and suddenly Delfino pulled out something from his pocket and struck him twice on his left cheek. When the defendant saw the other boy was bleeding, he said “sorry” then ran out of the changing room.

Four other prosecution witnesses including two friends of the complainant also gave their account of what happened.

In his testimony, Delfino said he did not know the complainant and saw him only occasionally in school, as they were not in the same class.
Asked by the defense lawyer about the bus stop incident, Delfino said he and his Indian friend were on their way to the bus then, and were talking about dirty words in various languages.

When he uttered a Cantonese swear word, the complainant suddenly appeared beside him and asked why he swore at him, but he told the younger boy it was not meant him.

That led to the Apr 9 fistfight near the bus stop. Two days later, he heard from his Indian friend that the other boy and his group wanted to beat him to get even.

Delfino said when they bumped into each other in the tuck shop, the complainant invited him to the changing room but he declined because he had heard about the plan to beat him.

He said he tried to go to the canteen but the Pakistani friend of the other boy put his arm across his shoulder and led him to the changing room. When he tried to leave, two other boys blocked the doorway.

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Delfino said as he sat on a bench, the complainant came and held him on the right side of his neck, pushing him down while hitting the back of his head and face, including his eyes.

Feeling unwell and his eyes blurry, Delfino took a ballpen in his bag’s pocket and swung it left and right “to scare him off but with no intention to hurt him”. When he saw the other boy bleeding, he ran to the discipline office and told the teacher he had hurt somebody.

Both boys were taken to the sick room where they were given first aid before the police were called and the two were taken to Ruttonjee Hospital for treatment.

Delfino was then arrested and charged with wounding but allowed to post bail.

In summing up, the defense lawyer said his client merely defended himself against the complainant, who had a record of bullying other students.
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