Howard Koo assault conviction overturned
Businessman’s nephew acquitted after court finds magistrate had erred in factual rulings
![Howard Koo had pleaded not guilty to the charge. Photo: K.Y. Cheng](https://cdn.i-scmp.com/sites/default/files/styles/1020x680/public/2013/01/22/8988075cc60a17f69035e63e90d59e7d.jpg?itok=umr6FU55)
The nephew of businessman Daniel Koo Shing-cheong yesterday had his suspended prison sentence for attacking a neighbour overturned.
Howard Koo Wan-hung, 43, nephew of the Shui Hing (HK) chairman, was convicted in June last year for the attack, in the lift of a Mid-Levels housing block.
Koo was acquitted yesterday in the Court of First Instance after Deputy High Court Judge Woo Kwok-hing found that trial magistrate Ho Wai-yang had erred in factual rulings. Ho earlier said in Eastern Court that Koo had committed a serious crime in attacking his neighbour, Chiu Koon-yu, for "over 10 minutes". Koo had pleaded not guilty to a charge of common assault. He claimed that he had acted in self-defence, and to protect his parents.
Yesterday, the High Court judge said that Koo could be seen in CCTV footage of the incident sitting on Chiu's back as Chiu lay on the floor of the lift, his head down, with Koo pressing him to the floor using his left hand.
Woo said that Koo could be seen in the footage moving his right hand up and down several times, but rather than attacking Chiu - as magistrate Ho concluded - he believed Koo was trying to prevent his neighbour from escaping. Chiu had quarrelled with Koo's mother beforehand.
Woo also noted that when Chiu was treated in hospital, he only told the doctor of tenderness in his left shoulder and did not mention having a sore head.
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