Hong Kong protests: judge overturns order for justice department to pay for photographer’s legal fees, despite earlier acquittal
- Madam Justice Esther Toh reverses decision requiring Marc Gerard Progin to be compensated for costs, saying evidence wrongly analysed by trial court
- Judge questions Progin’s acquittal for charges related to him blocking the path of mainland Chinese man who was assaulted by radicals in 2019
Prosecutors had not sought to reverse the acquittal, only asking the court to quash the earlier decision that ordered them to compensate Progin for his legal battle.
But Toh implied the Department of Justice would have had a reasonable chance of success had they lodged a full appeal, saying the trial court had let Progin walk free based on an erroneous analysis of the evidence.
Progin landed himself in court three years ago after trying to find the best angles to photograph then JPMorgan Chase employee Lin Nan, who was targeted by protesters during a lunchtime demonstration in Central on October 4, 2019.
Prosecutors had alleged the freelance photographer instigated violence against the Xi’an-born man by closing the door to his office tower, standing in front of him and preventing him from leaving. Progin maintained he was merely trying to “take a very good photo”.
Lin, who stood still and stared at Progin after being blocked initially, was punched from behind by a black-clad protester, before another assailant hurled an umbrella at him. Police were unable to arrest the two suspects.
