Page:HKSAR v. Tong Ying Kit (Verdict).pdf/28

-28- fired his first shot when the Defendant was abreast of him. He was then shown Exhibit D2 and based on the footage, he identified his first shot as at 15:43:21 and his second shot as at 15:43:23. In re-examination, he clarified that from Exhibit D2, there were some 4 to 5 flashes and that some of the flashes were light reflection only and had nothing to do with the pepper shots. He only fired twice. The first shot was fired before the Defendant turned into Jaffe Road. The second shot was fired when the Defendant was abreast of him.

F.2.4 Checkline 4 at the junction of Jaffe Road and O’Brien Road

71. PW6 (Senior Inspector T Y Ho) was at the checkline at O’Brien Road junction Jaffe Road. At 1535 hours, he saw the Defendant on Jaffe Road, driving towards O’Brien Road. The Defendant was behind a brown car (“Brown Car”). The Defendant then overtook the Brown Car on the left and his team members shouted to the Defendant to stop. However, instead of stopping, the Defendant accelerated as he heard a loud sound of the engine. Shortly afterwards, the Defendant’s motorcycle ran into his colleagues, causing injuries to three of them (PC 8260, PC 12197 and DPC 2674).

72. PW6 estimated the speed of the Defendant as approximately 20 kph when first seen on Jaffe Road but when he overtook the Brown Car, it was going at about 40 kph. PW6 saw the motorcycle and the Defendant fall on the ground and the Defendant then crawled slowly forward. At that stage, the Defendant was arrested.