By Vir B. Lumicao
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| 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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