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| The alleged theft happened in the carpark of Aberdeen Marina Club (photo from Facebook) |
Did he, or did he not?
This is the question that will be answered by Deputy
Magistrate Wing-sze Chung on Sept 15, when she delivers her verdict in a
theft case against Filipino driver Dionese V. Medallon, who has denied stealing
a bag from an unlocked Tesla car parked inside the Aberdeen Marina Club on Jan
17 this year.
Medallon’s $1,000 bail has been extended until then.
According to the prosecution, 46-year-old Medallon had deliberately moved the Alphard van that he was driving at the time to the opposite space beside the Tesla, after seeing it unlocked.
He then allegedly opened the
car door and took away a brown handbag on the front passenger seat, which contained
an Apple computer, a wallet with $2,000 cash inside, as well as the
Tesla’s key which was left in the ignition, for a total loss of about $25,000.
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| Basahin ang detalye! |
Medallon denied this, saying he just moved the car after going to the restroom at about 3:20 pm that day because it was very hot in the place where he was originally parked, despite it being a winter afternoon.
He also said that when the CCTV camera in the carpark caught him standing
beside the Tesla it was because he was wiping the front and back
seat of the van where his employer usually sat.
The Filipino who has worked as a private car
driver in Hong Kong since 2012, told the court he did not notice if the car beside
him was unlocked, nor paid attention to its make.
About two minutes after Medallon was caught on camera standing between his van and the car, he drove away. The accused said it was because she had received a call from his employer’s helper telling him to drive to the entrance where she was waiting with her young ward, who had just finished with his taekwondo class.
His lawyer who had earlier failed to convince the magistrate to declare that Medallon had no case to answer, closed his argument by saying that while the defendant may have acted suspiciously, it was not enough to declare him guilty beyond reasonable doubt.
The lawyer pointed out that there was no direct
evidence linking Medallon to the theft. His fingerprints were not found in the
car, and there were no incriminating items seized by the police from his flat in
Wan Chai when he was arrested for the theft on Jan. 20.
All that the police had taken from the flat were the black jacket and cap that he was seen wearing as he drove his van past the CCTV camera located by the carpark exit. These items were reportedly surrendered voluntarily by Medallon, who also did not resist when the police subsequently put him under arrest.
The lawyer also pointed out that the victim was partly to blame for the loss, as she had left the key to her unlocked Tesla inside the car while she went inside the building and was gone for about 20 minutes. She also failed to report the theft immediately, complaining to the Club only after 5pm, about an hour after she had left.
Giving testimony as the first witness for the prosecution, the Tesla driver said she had a habit of leaving her car door unlocked, and with the key inside the ignition, and that day was no exception. She turned off the engine but did not lock her car, before going inside the private club to pick up her daughter.
When she returned to the carpark, she said she was
surprised to see the door locked, so she used the remote control that was with
her, to get in. She said she did not notice anything amiss when she drove off
with her daughter, and only realized later that her bag that was on the seat
beside her was missing.
Another witness called by the prosecution was the
lady guard at the Club, who was stationed at the carpark that day. She told the
court that on the day in question, she noticed the car window slightly open,
and the light on, so she immediately reported the incident to the control room.
She opened the unlocked door and as she saw no valuables inside, she decided to just
lock the car, and resumed work.
On cross examination, the defense lawyer asked the
guard if she was sure the car light was on and she said yes. However, the
lawyer pointed to a statement she gave to the police only last Aug. 2 in which she
said she did not notice if the car lights were on or off.
A police officer who arrested Medallon was also
called to testify, and he confirmed that the defendant was cooperative when his
flat was searched, and the black outfit he had worn at the Club three days
earlier, was seized.
It was not clear why the police had taken seven more
months before deciding to charge Medallon in court.
