HKSAR v. Yeung Tsz Wing and Another

DCCC 706/2021 & 417/2022 (Consolidated)

[2024] HKDC 2

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CRIMINAL CASE NO 706 OF 2021 AND 417 OF 2022

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REASONS FOR VERDICT

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A. Charges

1.Originally, there are nine defendants (D1-D9).

2.The case of D4 and D6 had been severed.

3.D3 subsequently pleaded guilty and was dealt with.

4.The trial of D1, D2, D5, D7, D8 and D9 were to start in April 2023. But before the trial was to start, D1 and D2 pleaded guilty to their sole Charge 4 False imprisonment, D5 pleaded guilty to Charge 2 Blackmail and Charge 4 False imprisonment (his Charge 3 Theft to remain in the court file); D9 pleaded guilty to Charge 2 Blackmail, Charge 4 False imprisonment, Charge 5 Blackmail and Charge 6 Possession of a dangerous drug (his Charge 3 Theft to remain in the court file).

5.There remain D7 pleading not guilty to Charge 2 Blackmail, Charge 3 Theft, Charge 4 False imprisonment and Charge 5 Blackmail; and D8 pleading not guilty to Charge 1 Theft, Charge 2 Blackmail, Charge 3 Theft, Charge 4 False imprisonment, Charge 5 Blackmail and Charge 8 Blackmail.

B. Introduction

6.X was a 22-year-old man in 2020. He had been in a relationship with D7 which ended in acrimony in November 2019. His new girlfriend was Y.

7.In January 2020, X was forced to part company with his phone in an incident and he had lost that phone since then.

8.On 2020-9-14, X found the social media accounts of his and Y’s had been compromised. Someone threatened to post some sexy photos of Y’s and blackmailed X and Y for $5,000 (Charge 2).

9.The following night (2020-9-15), X went to meet the blackmailer. He handed over the $5,000 to one of the gang. Then he was lured into a taxi and taken to a hotel room in Kwun Tong for detention. Some gangsters took turn to guard him (Charge 4). D5 was one of the gang.

10.In the hotel room, X was made to hand over his wallet and phone (a new phone bought after the old one had been taken from him in the January 2020 incident). The wallet contained some properties of his (Charge 3). X was also forced to disclose his mobile passcode.

11.The following morning (2020-9-16), someone sent a blackmail message to X’s mother A, The blackmailer demanded $6 million for X’s release (Charge 5). A did not pay but reported the matter to the police.

12.A few hours later, X managed to escape from the hotel room. He went for the police. D1-D4 were arrested that day; D5 was arrested on 2020-10-4 and other culprits were at large then.

13.Several weeks later, someone sent blackmail messages to X’s father B on 2020-11-6. The blackmailer demanded B to pay $1 million (Charge 8). B did not pay but made a report to the police.

14.In February 2021, someone continued to harass Y on the internet. Y alerted the police. An undercover police officer posed himself as Y between 2021-2-22 and 2021-3-4 to liaise with the harasser codenamed ‘Blackvz’.

15.On 2021-3-9, D6, D7, D8 and D9 were arrested respectively.

16.In D8’s residence, the police found X’s iPhone 7 Plus (Exhibit P1), which Prosecution say D8 stole from X in the January 2020 incident (Charge 1).

17.The police found relevant communications in P1, D7’s own phone and D8’s own phone.

18.Prosecution say D8 was the new boyfriend of D7 and the two were in joint enterprise and masterminded the crimes in Charges 2-5. D7 provided information and finance while D8 recruited D9 to execute those misdeeds. D9 in turn recruited D5, who brought in others for the false imprisonment of X in that Kwun Tong hotel.

19.Prosecution say D7 on 2020-10-8 expressed to D8 her wish to opt out of the matter, at least for the time being. D8 nevertheless persisted and blackmailed X’s father B on his own on 2020-11-6 (Charge 8).

20.D5 and D9, after pleading guilty, give evidence for Prosecution in the trial of D7 and D8.

C. Prosecution case

C.1 Exhibits

21.Prosecutor produces a number of exhibits (P1-P20; see the Exhibit List).

C.1.1 Agreed Facts

22.P10 and P20 are s.65C agreed facts about arrests, seizures and extractions of data from certain phones.

C.1.2 Phones and Communication Records

C.1.2.1 P1/P1-M1

23.P1 (an iPhone 7 Plus)  was seized from D8’s residence on the day of his arrest. At that time, its service number was 5573 18xx. [P1 was originally X’s phone which he lost in an incident in January 2020 (the January 2020 Incident); its service number then was X’s own number 6658 13xx.]

24.P1-M1 is an accurate representation of the data extract from P1. The record contains communications between a Telegram account owner codenamed ‘Blackvz’ and an undercover officer posing as ‘Yym’ (Y)  from 2021-2-22 to 2021-3-4 [such exchanges are mirrored in P8-M10], and communications between Black Vz/5444 39xx and Evan (Y)  from 2021-2-21 to 2021-2-22.]

C.1.2.2 P2/P2-M2 & P2-M3

25.P2 (an iPhone 11)  was seized from D9 on the day of his arrest. Its service number then was 6579 80xx. [P2 was taken from X by D5 in the Kwun Tong hotel.]

26.P2-M2 and P2-M3 are accurate representation of the data extract from P2. P2-M2 reveals X was blackmailed in September 2020; P2-M3 contains some hideous exchanges between the phone user and a secured party in October 2020.]

C.1.2.3 P3/P3-M4

27.P3 is B’s phone. [B is X’s father.]

28.P3-M4 is an accurate representation of the data extract from P3. It contains messages sent on 2020-11-6 by a blackmailer from 5573 18xx to B, including a photo showing some people in protest activities. [X was one of the protestors and a very similar photo was found in the record of D8’s own phone P7-M8.]

C.1.2.4 P4/P4-M5

29.P4 is Y’s phone. [Y is X’s girlfriend.]

30.P4-M5 is an accurate representation of the data extract from P4. It contains messages sent by a blackmailer on 2020-9-15 from 5205 25xx and 6672 78xx. The user icon of 6672 78xx showed two Lego characters (‘the Lego icon’ (see P14)).

31.P4-M5 also contains harassing messages from Blackvz ([email protected])  on 2021-2-21 and from 5444 39xx on 2021-2-25.

C.1.2.5 P5/P5-M6

32.P5 is A’s phone. [A is X’s mother.]

33.P5-M6 is an accurate representation of the data extract from P5. It contains communications on 2020-9-16 between A and a blackmailer from 6672 78xx (with the Lego icon), and communications on 2020-9-22 between A and a blackmailer from 5641 39xx.

C.1.2.6 P6/P6-M7

34.P6 was a phone seized from D7’s residence on the day of her arrest. Its service number then was 5108 16xx.

35.P6-M7 is an accurate representation of the data extract from P6. It contains some communications between D7 and D8 from 2020-9-16 to 2021-3-9; some communications between D7 and X on 2019-12-22.

C.1.2.7 P7/P7-M8 & P7-M9

36.P7 was a phone seized from D8’s residence on the day of his arrest. Its service number then was 9083 04xx.

37.P7-M8 and P7-M9 are accurate representation of the data extract from P7. P7-M8 contains three photos showing some people in protest activities. In one photo, one of the protestors was X. P7-M9 contains some communications between D8 and D7 from 2020-9-16 to 2021-3-9.

C.1.2.8 P8/P8-M10

38.P8 was the phone used by an undercover police officer posing as Yym (Y)  to communicate with Blackvz of 5573 18xx between 2021-2-22 and 2021-3-4.

39.P8-M10 is an accurate representation of the data extract from P8. It contains communications between by the undercover police officer and Blackvz of 5573 18xx between 2021-2-22 and 2021-3-4 [such exchanges are mirrored in P1-M1/22-113].

C.2 Prosecution witnesses

40.There are seven prosecution witnesses (PW1- PW7).

C.2.1 X (PW1)

41.X is called ‘Neville’. He was aged 22 in September 2020 and was then in Year 4 of his university studies.

42.X had been in a relationship with D7 since November 2016. D7’s phone number was 5108 16xx.

43.The pair broke up in November 2019. X says it was he who took the initiative to end the relationship. He found a new girlfriend Y, who was also called ‘Evan’.

44.In January 2020, something happened. [Prosecutor does not ask X to disclose all the details of this January 2020 incident because some would relate to an uncharged blackmail act involving $200,000.] X only says he was then forced to give up his iPhone 7 Plus (P1/6658 13xx). He unwillingly left it in an alley as told by someone. He does not know who got it.

45.After X had been forced to given up P1, he used his younger sister’s phone for a few weeks before buying a new one. However, he damaged the new phone accidentally. Then he bought another phone (P2)  but still used the same service number 6658 13xx.

46.X says the passcodes of his phone and several social media accounts remained either unchanged or only slightly modified. His new girlfriend Y would know his passcodes. Each could have access to the other’s social media accounts.

47.On 2020-9-14, X was staying with Y. Y complained that her IG account had sent out some sexy photos to a friend without her authorization.

48.Before long, X found his own Facebook, IG and Apple accounts were also compromised.

49.Someone from 6672 78xx blackmailed X and Y for $5,000. The blackmailer threatened to make Y’s sexy photos public if his demand was not met. X says the user logo of 6672 78xx was that Lego icon in P14. He does not know whose number and icon they were.

50.X sought help from the police. The handling officer told him not to pay the ransom. However, X wanted to have Y’s sexy photos back so he went to meet the blackmailer at Tsz Wan Shan on the night of 2020-9-15. He arrived at the appointed place shortly after 9 pm. Two men appeared. They asked X to board a taxi, saying he would be taken to another spot and the deal would be completed there. The two men then left. X got on a taxi. Inside the vehicle, there were already three people excluding the driver.

51.X was taken to a hotel in Kwan Tong shortly after 10 pm. Five people accompanied him to Room 307. Those people said they were waiting for instruction from the ‘Boss’ (“老細”).

52.X had handed over the $5,000 ransom to the gang. Inside the hotel room, he was also ordered to produce his phone (P2)  and wallet. In the wallet, there were those properties particularized in Charge 3.

53.Someone asked X to disclose his mobile passcode. X was not willing to. One of the gang then called the Boss. The phone was passed onto X for him to speak with the Boss. The Boss told X that if he cooperated he would be safe, otherwise he (the Boss)  could not tell what his boys would do. X was frightened so he gave his mobile passcode to the gang in the hotel room.

54.After midnight, another gang of four came to take over the previous gang of five. X was warned that he should not try to leave as someone was guarding outside.

55.X fell into sleep after 2 am on 2020-9-16. He woke up after 9 am and found there were only two gangsters in the room and those two had fallen asleep. X then removed the cabinet blocking the door and left the room. He went down to the reception hall to tell the staff that he had been kidnapped. Then he took a taxi for the police station.

56.X at first says he last contacted D7 a week after their breaking up in late November 2019. However, during cross-examination by Counsel for D7 he admits he did send D7 those SMS on 2019-12-22 [P6/M7/224-226/X: “Don’t ever direct me on ig again, or I’ll post all your nude pics.”; “He/She is using my ig account.”; “Do you want mutual destruction?”].

57.The Police found some photos from the record of D8’s phone (P7-M8). The photos show some people taking part in protest activities. X admits he was in Photo 1 of P7-M8 [indicated as ‘X’ in a working copy P7-M8(A)]. X says D7 was with him on that occasion.

58.X says when he was courting D7, D7 also knew of his passcodes. They would share their IG and Fb accounts. X changed his passcodes only after he had been harassed.

59.X says he does not know D8.

60.Counsel for D7 accuses X of cheating on D7; that it was D7 who chose to break up with X; that X had let many people know of his Fb passcode; that X in December 2019 threatened to expose D7’s nude photos; that X contacted D7’s father (DW1)  on 2020-3-14 and 2020-3-16 [Exhibit D7(1-2)/Transcript D7(1A-2A)/Agreed translation D7(1B-2B)] and that X called D7’s mother (DW2)  on 2020-3-19 [Exhibit D7(3)/Transcript (3A)/Agreed translation D7(3B)]. X denies these allegations.

61.Under cross-examination by Counsel for D8, X admits he had money dispute with someone called Kelvin Tse and he mentioned Tse as a suspect to the police. He explains in court that he so told the police because the invetigators asked him if he had any money dispute with anyone. X says in the hotel the gangsters did tell him he had money dispute with the Boss and he had wronged the Boss. He, however, does not know who the Boss was.

C.2.2 B (PW2)

62.B is X’s father. In 2020, he and his family members were living in a housing estate called the Galaxia. It was in Diamond Hill.

63.B knew D7 was X’s ex-girlfriend. The girl had worked as an intern in his company for three months in the summer of 2017 and she knew of his mobile number 9880 06xx.

64.On 2020-11-6, B received some blackmail messages from 5573 18xx [P3-M4]. At first, he was not alarmed because he did not know what that photo [P3-M4/page 15] was about; he did not recognize anyone in the photo. However, he was still concerned as X had been kidnapped in September 2020. When later menace included such words “Watch out your daughter getting raped” [P3-M4/page 17], B decided to call the police.

C.2.3 Y (PW3)

65.Y’s phone number in 2020/2021 was 6750 38xx. The initials of her name are ‘Yym’.

66.On 2020-9-14, Y found her social media accounts had been compromised. Someone sent out some sexy photos of hers without her authorization. She and X were blackmailed of $5,000. She felt scared.

67.The following night (2020-9-15), Y went with X to Tsz Wan Shan as instructed by the blackmailer to pay the ransom. She waited at the shopping mall while X went to meet the blackmailer. When X did not come back, Y communicated with the blackmailer. She was told “Your boyfriend is not coming back in a few days. Very safe. No need to ask too much.”; “His mom is not picking up. Without an answer by 3:30, we’ll hit him”; and “The whole world will get to see ‘again’ your photos” [P4-M5/‌page 13].

68.Y could not see any photo of X or speak to him. She became worried and informed X’s parents of the situation. The parents could not contact X either so they went for the police.

69.On 2020-9-16, Y came to know X had managed to escape from those taking him into custody.

70.In February 2021, Y was aware that some sexy photos of hers were again published on the internet without her authorization. On 2021-2-21, she received a message from someone codenamed ‘Blackvz’ from [email protected] [P4-M5/page 30]. Blackvz asked Y to contact him if she wanted to take revenge on the ‘whorehound’ (referring to X).

71.The police were alerted and PW7 DSSgt Yue used Y’s Telegram account (‘Yym’)  to communicate with Blackvz.

72.Counsel for D8 asks Y if she knows X had lent someone called Kelvin Tse $40,000 at about 7 pm on 2020-9-15. Y replies that X and Tse discussed about that peacefully the day before and X transferred the loan to Tse about two hours before he (X)  went with her to Tsz Wan Shan to meet the blackmailer.

C.2.4 A (PW4)

73.A is the wife of B. They have two sons and one daughter. X is her younger son.

74.A says that when D7 was still X’s girlfriend, she had stayed overnight at their home and knew of their family circumstances.

75.On 2020-9-16, from 8:03 am A had been getting blackmail messages from 6672 78xx [P5-M6]. That number had a logo, which was that Lego icon in P14. The blackmailer asked for $6 million or X would be harmed. A was not able to contact X. She realized X had been taken hostage so she went for the police.

76.At around 11 am on 2020-9-16, when A was still at the police station she learnt X had managed to escape.

77.On 2020-9-22, A received some threatening messages from another number 5641 39xx [P5-M6/pages 6-7]. The blackmailer reduced the demand to $650,000.

C.2.5 D5 (PW5)

78.D5 has pleaded guilty to the Charge 2 Blackmail and Charge 4 False imprisonment. He is to be sentenced only at the conclusion of the trial against D7 and D8.

79.D5 says he came to know D9 sometime in 2019. He knew D9 was a member of the Sun Yee On Triad Society and he would address D9 as ‘Tai Lo’ (“大佬”).

80.D5 says D9 in April 2020 tried to recruit him to follow a target and to take the target into custody. D9 had shown him a photo of the male target but D5 refused to take on the job at that time.

81.Later in July 2020, D9 contacted D5 again for the same job. The job looked easier this time so D5 accepted it. D5 understood from D9 that the target would hand over $5,000. D9 also told D5 there would be a further reward of $80,000 for D5 in the end.

82.D5 says D9 gave him the Boss’s phone number for contact. He now cannot remember that number but is sure it had that Lego icon in P14.

83.D5 spoke to the Boss on WhatsApp. That was a male’s voice. The two also communicated by WhatsApp texts. In their communications, the Boss said it was his first time to do such a thing. He asked D5 for advice. D5 says the Boss asked him on 2022-9-14 for advice as to where to meet the target.

84.Around 7 pm on 2020-9-15, D5 went to Tsz Wan Shan with ‘劉嘉豪’, ‘肥寶’ and ‘殘障’. Another person called ‘泰仔’ later came to join them.

85.D5 says they met the target at Tsz Wan Shan and the latter was made to hand over an envelope containing $5,000.

86.D5 says D9 had told him to book a hotel room for three days. He (D5)  got someone called ‘劉永勤’ to do that.

87.The gang of five (D5, 劉嘉豪, 肥寶, 殘障 and 泰仔)  took the target to the booked hotel. There they asked the target to surrender his wallet and mobile phone.

88.D5 says劉嘉豪got D1-D4 to come over to take over the guarding of the target in the hotel room from midnight.

89.D5 left the hotel room at around 10:45 pm the evening to go downstairs to meet D9. He handed the target’s wallet and phone to D9. D9 gave him $10,000 as reward and for payment to all the accomplices and for the hotel expenses. Coupled with the $5,000 he had earlier taken from the target, D5 got $15,000. After paying the others and all overheads, he himself got $2,000-3,000.

90.After everything done, D5 left the hotel. He let D9 and 劉嘉豪 liaise by themslves.

91.D5 says he did not solicit the job from D9 in July 2020. It was D9 who approached him. He does not know the Boss or the target. D9 and the Boss gave him some instructions for the job in the evening on 2020-9-15. [D5 is not asked by the prosecutor or defence counsel to relate those instructions in details.]

C.2.6 D9 (PW6)

92.D9 has pleaded guilty to Charge 2 Blackmail, Charge 4 False imprisonment, Charge 5 Blackmail and Charge 6 Possession of a dangerous drug. He is to be sentenced only at the conclusion of the trial against D7 and D8.

93.Apart from pleading guilty to Charges 2-6 in this case and so convicted, D9 has no previous convictions.

94.D9 says he came to know D8 in 2018. He knows D8 was called ‘Jacob’. D9 told D8 he was a debt collector and was willing to adduct persons.

95.In early 2020, D8 wanted D9 to collect $200,000 for him. He promised to give half of it to D9. He gave D9 a photo, name and address (the Galaxia in Diamond Hill)  of the male target.

96.D9 says D8 contacted him from 5444 39xx and another number of which he can only remember the first digit as ‘9’ (9???? ????). He also can only recall part of D8’s Telegram account name, which was ‘Black??’. However, D9 says he can remember the WhatsApp logo of D8 was that Lego icon in P14.

97.D9 says the $200,000 job was first proposed by D8 in early 2020. He (D9)  tried to recruit D5 for execution but D5 refused to take on the job at that time. D9 thus did not take on the job in early 2020.

98.Later in September 2020, D8 contacted D9 again asking the latter to collect a debt for him. D9 understood it was the same male target. D8 told D9 he wanted to take the target away and would use the sexy photos of the target’s girlfriend to demand money from the target and to blackmail the target’s family for $6 million.

99.D9 turned to D5 again. This time, D5 was interested so D9 gave D8’s contact to D5 and let the two communicate by themselves. D9 says D8 played the role of the Boss in the incident.

100.D9 knew D5 would meet the target at Wong Tai Sin but he did not know the exact location.

101.On 2020-9-15 at around 9-10 pm, D5 informed D9 that the target had been taken to the IND hotel in Kwun Tong.

102.D9 says he did not go to the hotel but met D5 near a powerhouse close to the hotel. D5 handed him the target’s wallet and phone. He also informed D9 of the phone passcode. D9 then gave D5 $10,000. That was D9’s own money. He had not got any money from D8 yet. D9 says D8 had promised him half of what he (D8)  would get in the end.

103.D9 says he then told D8 he had got the wallet and phone from the target and he would pass them onto D8.

104.The following day (2020-9-16), D9 met D8 at the Mongkok MTR. He gave the target’s wallet and phone to D8. That phone was P2. D8 messed with P2 for a while before giving it back to D9. D9 then kept the phone.

105.D9 learnt that a number of people involved had been arrested by the police at the hotel. He himself was arrested by the police only on 2021-3-9.

106.In court, D9 points out D8 as ‘Jacob’. [There is no objection to such dock identification. In fact, it is D8’s case that they knew each other and D9 owed D8 money.]

107.D9 admits he has been declared bankrupt and ‘馮麗珍’ was his girlfriend in 2020. He however denies D8 had lent him $50,000, which was transferred to 馮麗珍’s account on 2020-2-8.

108.Counsel for D8 asks D9 about his triad link and dangerous drugs involvement, D9 refuses to answer after being told of his right to silence.

109.D9 gave a VRI (video-record interview)  to the police on 2021-3-9. Later, he also gave two NPS (non-prejudicial statement): one on 2022-7-6 and one on 2023-9-14.

110.D9 agrees with Counsel for D8 that he in the VRI told the police he had not gone to the hotel. He also told the police that he passed the target’s phone (P2)  to D8 at the Quarry Bay MTR Station.

111.D9 explains in court that he was mistaken about the spot where he gave the phone to D8.

112.As for the hotel, D9 maintains he did not go to the hotel but merely met D5 near a powerhouse close to the hotel.

113.Counsel for D8 points out to D9 that he in his first NPS told the police he could not recall D8’s phone numbers and Telegram account name.

114.D9 admits he only recalled those details after reading some documents in this case but he cannot specify now what those documents were.

115.Counsel for D8 points out to D9 that he in his first NPS told the police that he offered $30,000 to D5. D9 agrees but he says he now cannot remember the real figure. He says it might be $60,000 instead but certainly not $5,000 [$80,000 according to D5’s testimony plus $5,000 which D5 says he took from the target on 2020-9-15].

116.D9 denies he told D5 that the job was to kidnap someone. He told D5 it was debt collecting. And D9 says it was D5 who approached him over the job in September 2020.

117.Counsel for D8 also points out there was no mention of the $6 million amount in his first NPS or VRI.

118.D9 agrees he mentions the $6 million figure in court for the first time but denies that he makes that up. D9 explains he only learned of the amount from D8 later. He cannot remember when that was. He agrees he could have told the police about that sum in his NPS but he chose not to. D9 also admits he had not told the police that D8 promised to give him half of what he (D8)  would get.

119.D9 admits he decided to give NPS to the police only after D5 had done so and after he had read D5’s statement himself.

120.D9 also admits he testifies for the prosecution in the hope of getting a lighter sentence.

121.Counsel for D8 claims among other things that: the target’s phone (P1)  was given by D9 to D8 as a kind of repaying the money D9 had owed D8; that D8 never enlisted D9 to collect a debt from anyone or to take anyone into custody; that D9 never gave D8 the target’s wallet and phone (P2)  and that D9 lies to incriminate D8 because the two had money dispute. D9 disagree to all these.

C.2.7 DSSgt Yue (PW7)

122.Y received harassment from someone in February 2021 [P4-M5/page 30]. She alerted the police.

123.DSSgt Yue posed as Y (Yym/6750 38xx)  to communicate with Blackvz (5573 18xx)  between 2021-2-22 and 2021-3-4. The record of communications is P8-M10/pages 3-18; mirrored in P1-M1/22-113.

124.After 2021-3-4, Blackvz stopped communicating.

125.On 2012-4-12, DSSgt Yue found Blackvz’s Telegram account had been deleted.

126.DSSgt Yue says he did not see any icon in Blackvz’s phone number 5573 18xx and his Telegram account.

D. Mid-stage

127.Counsel for D7 and D8 have no submission to make at the end of the prosecution case.

128.I find D7 has a case to answer on Charges 2-5 while D8 has a case to answer on Charges 1-5 and Charge 8.

E. Defence case

129.D7 and D8 elect not to testify; both D7 and D8 have a clear record.

130.D7 produces some exhibits (D7(1-7); see the Exhibit List). She also calls her parents (DW1 Father; DW2 Mother)  to testify on matters relating to D7(1-3)/Chinese transcripts D7(1A-3A)/Agreed translation D7(1B-3B).

131.D7(1-3)  are records of telephone calls made by a male, asking DW1 and DW2 to pay him back the $200,000 which he alleged Y had extorted from him in early 2020. DW1 and DW2 say in court that they believed the caller was X. They can be so sure because of the tone and pitch of the caller’s voice; that he called himself ‘阿進’ (X)  and the caller knew he first met DW2 in a concert.

132.Prosecutor does not challenge the credibility of DW1 and DW2 but he suggests they are wrong about the caller’s identity.

F. Final submission

133.Prosecutor and both Defence Counsel rely mainly on their written submission.

134.Basically, Prosecutor says PW1-PW7 are all credible. And even if there might be doubts about X’s credibility due to the recording in D7(1-3), it would not undermine the prosecution case because the fact that X was blackmailed and taken into custody by the gangsters is clear from the relevant phone records and the testimony of other witnesses.

135.Prosecutor highlights certain contents of some phone records. Nevertheless, he says the court should look at all the communications. He submits the court can then be sure D8 was the mastermind of the crimes and D7 colluded with him, providing money and information to enable D8 to commit the crimes against X and his family in September 2020 and she only opted out in October that year.

136.Counsel for D7 challenges the credibility of X while Counsel for D8 challenges that of X and D9.

137.Counsel says the court has to approach the phone records with caution because hacking is easy and common-place nowadays. In any event, the court cannot be sure what D7 and D8 really meant in the recorded communications. The evidence against them is flimsy and tenuos.

138.Counsel for D7 submits that other people could have known of X’s background (including that of his family)  so the court cannot be sure it was D7 who leaked information to whoever blackmailed X and his parents.

G. Discussion

G.1 Credibility

139.Counsel for D7 and D8 challenge the credibility of X (PW1); Counsel for D8 further challenges the credibility of D9 (PW6).

140.For the other prosecution witnesses (PW2-PW5 and PW7), their evidence is not challenged. I have listened to what they say in court. I find those five witnesses (PW2-PW5 and PW7)  are indeed credible and reliable.

141.As to the two defence witnesses called by D7 (DW1 and DW2), their evidence is not challenged. I also find they are honest. They did receive those calls [D7(1-3)].

G.1.1 X

142.X appears evasive at times while giving evidence in court. It seems he has not fully divulged his entanglements with D7, particularly about what happened after their breaking up, eg when he last contacted D7 and for what.

143.X is asked whether he was the caller in D7(1-3), who persistently offered to D7’s parents of not testifying against D7 if he could be given back the $200,000, which he believed D7 had extorted from him in early 2020.

144.X denies he was the caller. Yet, the voice of that person was really like his, including the caller’s sometimes slightly stuttering way of speaking. However, merely on voice identification, I cannot be sure the caller was really X though I highly suspect it was he.

145.Counsel for D7 relies on those calls (D7(1-3))  to undermine X’s integrity and credibility.

146.I do have doubt whether X is entirely credible and I would only give weight to such testimony of his where there is reliable evidence to support what he says.

147.Prosecutor submits the prosecution case is not undermined even if X is not as reliable as he should be. I agree. The fact that X and Y were blackmailed is well evidenced by the phone records [P2-M2 and P4-M5]. And how X was taken into false imprisonment and stripped of his wallet and phone are clear in D5’s testimony.

G.1.2 D9

148.D9 is an accomplice convicted on his own pleas to Charge 2 Blackmail, Charge 4 False imprisonment and Charge 5 Blackmail. He also pleads guilty to Charge 6 Possession of a dangerous drug, which is a separate and distinct matter from the other charges.

149.According to D5, D9 was a member of the Sun Yee On Triad Society and D5 would call him ‘Tai Lo’.

150.D9 is no doubt a bad character. He was not completely frank with the police in his VRI and even failed to disclose all in his NPS. And he only gave his first NPS after knowing D5 would testify for the prosecution. It is quite clear and D9 would have to admit that he gives evidence for the prosecution in the hope of getting a reduced sentence.

151.D9’s evidence in court is inconsistent in several aspects with what he told the police earlier. His testimony on some issues is also at variance with D5’s, eg, who raised the ‘job’ discussion in July 2020, where they met that evening after X had been taken into custody and how much D9 had promised to pay D5. Such is the testimony of D9, an accomplice-turned-witness that his evidence must be approached with caution.

G.2 Phone records

152.Counsel for D7 comments the so-called incriminating phone records are less than complete.

153.The records are indeed not complete. One can see that D7’s P6-M7 and D8’s P7-M9 do not mirror exactly each other. It is certainly due to certain deletion made by the users of the devices/accounts before the police could seize the records [P7-M9/153/D7: “Remember to delete the msg (messages)”; P6-M7/218/D8: “i removed all post”].

154.It is not clear whether the communication records in D8’s own phone 9083 04xx, P1/5573 18xx (previously owned by X but found in D8’s residence on 2021-3-9)  and D7’s own phone 5018 16xx were retrieved from the deleted contents in the devices or from their normal stored contents or from both areas. Anyway, it is agreed they are accurate extractions from the respective devices. There is no evidence of fault or cheat on the part of the police in their data extraction work.

155.What matters is not completion of the phone records but their comprehension. I would only attach weight to such items of the various records when their meanings are clear by themselves or upon proper interpretation in the context.

G.2.1 P1-M1 and P8-M10

156.P1 (an iPhone 7 Plus previously owned by X)  was seized from D8’s residence on the day of his arrest (2021-3-9). Its service number then was 5573 18xx, which must have been changed by someone from X’s own number 6658 13xx after X had been made to part company with P1 since January 2020.

157.P1-M1 contains communications between the WhatsApp account owner ‘Black Vz’/5444 39xx and Evan (Y)/5199 01xx from 2021-2-21 to 2021-2-22 [P1-M1/141-151]. Black Vz asked Y if she wanted to ‘get revenge’ on X. Black Vz invited Y to cooperate with him. Black Vz suggested that Y should ask X to ‘meet up’ and leave the rest to him (Black Vz).

158.Y then alerted the police. DSSgt Yue posed himself as ‘Yym’ (Y)  to communicate with Blackvz between 2021-2-22 and 2021-3-4 through the Telegram application [P1-M1/22-113; mirrored in P8-M10/‌pages 3-18 which reveals Blackvz’s phone number as 5573 18xx].

159.Blackvz asked Yym if she wanted to ‘revenge’ on Neville (X). Blackvz asked “Need to take revenge on your behalf while we’re at it?” and promised Yym “You won’t be harassed anymore.” [P1-M1/24-29].

160.Blackvz repeatedly requested Yym to ask X to ‘meet up’ [P1-M1/32, 36, 65, 74, 86] and to provide information of X [P1-M1/82]. Blackvz said the Boss stated Yym’s photos would be deleted once she promised to ask X to meet up with him [P1-M1/41].

161.Blackvz told Yym how he would set the scene to ‘meet up’ X: “You’ll be given the place and the time later on. Just go ahead and ask him to get the things there. We’ll get someone to do the job and make it look like you got accidentally involved…”, “pushed for a couple of times” and “so that he won’t think that you have asked someone to harass him” [P1-M1/53-55].

162.Yym said “Neville was snatched by you guys last time. How can I be sure that I won’t be snatched by you this time?” [P1-M1/62]; Blackvz replied “If we wanted to snatch you, we would’ve done that a long time ago.” [P1-M1/63].

163.Yym also said “I have already paid you that 5,000 dollars that you asked for at Tsz Wan Shan on the last occasion. What are you guaranteeing this time?” Blackvz replied “What would you like us to guarantee?” Yym continued “I am indeed scared of you guys. I just don’t know how I can trust you! Can you transfer Neville’s iCloud to me first? I swear I will never give it back to that jerk. Is that okay?” Blackvz said “Let me ask my boss first”; “We can’t guarantee anything. The photos are of no use to us anyway. We’ll never do anything reckless against you if you’re willing to do us a favour.” Yym said “How’s that?” Blackvz said “We need your reply.” [P1-M1/66-72].

164.There were exchanges between Black Vz and Evan (Y)  from 2021-2-21 to 2021-2-22 [P1-M1/141-151]. Blackvz admitted to Yym that he had sent WhatsApp messages to her earlier from 5444 39xx [P1-M1/‌46-47].

165.It is clear ‘Black Vz’ and ‘Blackvz’ were one and the same person. He was keen on meeting up with X. He was linked to 5573 18xx/P1 (which phone was found in D8’s residence on 2021-3-9)  and he also used the number 5444 39xx to send WhatsApp message to Y.

166.When DSSgt Yue (posing as Yym/Y)  communicated with Blackvz, he mentioned the $5,000 amount and that Neville/X was snatched by ‘you guys last time’, Blackvz did not ask what that meant or express he was not involved. It is clear Blackvz was well aware X had been blackmailed and taken into custody in September 2020.

G.2.2 P2-M2

167.P2 (an iPhone 11)  was seized from D9 on the day of his arrest (2021-3-9). Its service number then was 6579 80xx. It was actually X’s phone 6658 13xx in September 2020. Some gangsters took it away from X in the Kwun Tong hotel on the night of 2020-9-15.

168.P2-M2 shows X’s phone/social media accounts were compromised on 2020-9-14. Someone blackmailed him vis-a-vis some sexy photos of his girlfriend Y. The blackmailer from ‘50xxor.‌printyourphotos’ asked X to “Get 5000 dollars ready, come to me tomorrow to make a deal” [P2-M2/page 16].

169.P2 also contains the communication records P2-M3, which reveal some hideous communications between the WeChat account owner linked to the phone and a secured party from 2020-10-3 to 2020-10-9. The contents, however, are not exposed and thus lack evidential value.

G.2.3 P3-M4 and P7-M8

170.P3-M4 contains communications between X’s father B and a blackmailer texting from 5573 18xx/P1 on 2020-11-6. The blackmailer sent B a photo showing some people in protest activities [P3-M4/page 15; X points out in court where he was in that protest (see P7-M8(A))].

171.The Blackmailer asked B to buy back the photos or he would “give them straight to the police”. He demanded a payment of $ 1 million, which amount was later reduced it to $900,000 [P3-M4/pages 15-17].

172.B did not succumb to the blackmailer’s demand. In the end, the blackmailer wrote “Wish you having no son on your death bed. Watch out your daughter getting raped.” [P3-M4/page 17]

173.The blackmail against B was made by someone from 5573 18xx on 2020-11-6. That was the number of P1, which phone was found in D8’s residence on 2021-3-9.

174.The blackmailer used the photo on P3-M4/page 15 to blackmail B, threatening to report those protestors (X being one of them)  to the police. And there was a very similar photo [P7-M8/page 1] in D8’s own phone P7.

G.2.4 P4-M5

175.P4-M5 contains communications on 2020-9-15 between Y and someone texting from 5205 25xx [P4-M5/page 9] and from 6672 78xx (with that Lego icon in P14). Y’s phone/social media accounts had been compromised. She and X were blackmailed vis-a-vis some sexy photos of hers. The blackmailer asked them to bring $5,000 to Tsz Wan Shan.

176.P4-M5 also contains communications between Y and Blackvz on 2021-2-21. Blackvz wrote from [email protected] “If you want to revenge on the ‘whorehound’, Tg me” [P4-M5/page 30].

177.Y then alerted the police. DSSgt Yue posed himself as Yym (Y)  to communicate with Blackvz on Telegram between 2021-2-22 and 2021-3-4 [P1-M1/22-113; mirrored in P8-M10/pages 3-18].

178.I am sure the blackmailer texting Y in mid-September from 6672 78xx (with the Lego icon in P14)  and the one harassing Y in February 2021 from 5444 39xx was the same person Blackvz/Black Vz.

G.2.5 P5-M6

179.P5-M6 contains communications on 2020-9-16 between X’s mother A and a blackmailer texting from 6672 78xx (with that Lego icon in P14).

180.At 8:21 am that day (when X was still being held by the gangsters in the hotel room), the blackmailer from 6672 78xx wrote “Get 6 million ready. Will break all limbs unless it’s the full sum. We’ll set him free for sure.” and “The deal takes place tomorrow.” [P5-M6/page 1].

181.P5-M6 also contains communications between A and a blackmailer from 5641 39xx on 2020-9-22. The blackmailer texted: “650k in cash, or the boss will be sending hitmen to chop your whole family. You’re given this chance. Don’t call the cops again this time. If we hear nothing by 10 o’clock, your daughter will be surely dead by tomorrow.”, “You know what your son did. Got to take the responsibility.” (9:26 pm); “We’ll kick-off the work right away if you have the guts not to pay.” (10:18 pm); “Massive records in your son’s phone.” (10:21 pm); “Consider you not paying. Good luck to your whole family.”; “Expect a knife in your mom and dad as well.” (10:47 pm)  and “Watch out your daughter getting raped” (11:03 pm)  [P5-M6/page 5-7].

182.I am sure the one texting A from 6672 78xx (with that Lego icon in P14)  was Blackvz. He continued to harass A later from another number 5641 39XX, reducing his demand to $650,000.

G.2.6 P6-M7 and P7-M9

183.P6 was D7’s phone seized from her residence on the day of her arrest (2021-3-9). Its service number was 5108 16xx. X says it was D7’s phone number. I am sure P6 was D7’s phone.

184.P7 was D8’s phone seized from his residence on the day of his arrest (2021-3-9). Its service number was 9083 04xx. It was found at D8’s residence. I am sure P7 was D8’s phone.

185.P6-M7 is extracted from P6; P7-M9 is extracted from P7. There is no evidence that other people used D7’s and D8’s phones during the said period. I am sure D7 and D8 were the respective participants of the recorded communications in P6-M7 and P7-M9.

186.P6-M7 contains communications between D7 and D8 from 2020-9-16 to 2021-3-9 [some items are mirrored in P7-M9 but the mirroring is not complete; see para 153 above].

187.On 2020-9-16, D8 texted D7 “btw do you want to have the pics Deleted?” [P6-M7/1]. D7 replied “What pics?”; “Of the chick?”; “Discard the whole device”; “Please don’t keep those pics of (your)  ex. Do you have the slightest respect for me?”[1] [P6-M7/2-5]. D8 asked “Photo album.”; “Yours” [P6-M7/6-7]. D7 told D8 “Cleared” [P6-M8].

188.It was the day after X’s phone (P2)  was taken away from him by the gangsters in the hotel room. I am sure D7 and D8 were talking about that phone and the photos therein. D7 asked D8 to discard the phone and not to keep the photos inside and to clear out the photo album therein relating to her. [X had threatened to expose D7’s nude pictures: P6-M7/224].

189.On 2020-10-5, D7 asked D8 “Did your bro actually take the thirty thousand dollars from us and splurge it?” [P6-M7/14]. D8 expressed “Really want to dish out twenty/thirty thoudand to get it done” [P6-M7/23]. D7 was concerned of further expenses: “Then wait until your younger brother repays you.”; “I don’t want to spend a single dime for him.” [P6-M7/24-25]. She apparently did not want to spend more: “Actually, can we not get tangled up in this thing anymore?”; “For me, not even one dollar really.”; “We’re talking about twenty to thirty thousand.”; “That’s three months’ salaries.” [P6-M7/33-36].

190.D8 was however persistent and said “Well, give me my share then. I’ll use mine.” [P6-M7/37]. D7 asked D8 to “Wait until the previous people come out.” and “Well, now do the math.” and then “Tell me how much I owe you.” [P6-M7/38-40]. D8 said “Just give me 5.” [P6-M7/41].

191.The two had been talking about the financial position of their joint enterprise. From the flow of their talk, “5” in P6-M7/41 would mean “50 thousand” [see P6-M7/135, 138, 140, 141, 153].

192.On 2020-10-8, D7 said to D8: “I want him/her to disappear from my life completely.” [P6-M7/54]. In the context, she was talking about her ‘ex’ (X).

193.D7 wanted to get over what she had been plotting with D8: “You’d better do all the calculations at one go. Give you all of it categorically. You don’t need to discuss with me what you want to do with it anymore.”; “I don’t need to know.”; “I don’t need the trouble.” [P6-M7/60-62]; “Don’t fucking talk to me about it again.” [P6-M7/70]; “Wouldn’t it be nice to see him vanish completely?” [P6-M7/72].

194.It is clear D7 and D8 were very unhappy with X and the two were talking about doing something against X and the financial aspect of their deed. D7 apparently provided the money to do so. D7 said: “You said it’s my money and I could decide.” [P6-M7/148]. She did not want to spend more money on the matter and wanted to get over it, at least to have a break for the time being: “Then wait until there’s a lot of extra money before getting back to it.” [P6-M7/74]. However, D8 was really angry with X: “I can’t get over it, okay?”[P6-M7/73]. He wanted to continue to go after X.

195.X was blackmailed $5,000 and taken into custody by some gangsters in mid-September 2020. His mother A was blackmailed of $6 million in the incident. Yet, X managed to escape on that occasion. The gang gained little then.

196.D1-D4 were arrested on 2020-9-16; D5 was arrested on 2020-10-4.

197.In their exchanges, D7 and D8 expressed worries about someone. D7 said “Looks like something went wrong.” [P6-M7/86]. D8 said of that someone “Taken away for enquires.”[P6-M7/123].

198.D7 was obviously worried [P6-M7/126-129]. On 2020-12-2, she felt it was necessary to remind D8 to remove their exchanges. She then told D8 “Remember to delete the messages” [P7-M9/153; this is not mirrored in P6-M7]. D8 on 2021-3-7 said to D7 “i removed all post” [P6-M7/218; this is also not mirrored in P7-M9].

199.On 2021-3-9, the police went to arrest more suspects in this case including D7 and D8. The two informed each other that the police had come to their residence (D7: “I’ve got cops at home.”; D8: “So have I” [P6-M7/221-222]).

G.3 Charge 2-5 (D7 and D8)

G.3.1 D8

200.D8 was the new boyfriend of D7. He has no previous criminal conviction. He elects not to testify nor call any witnesses. That is his right.

201.In mid-September 2020, someone linked to 6672 78xx (with that Lego icon in P14)  blackmailed X and Y for $5,000. X was taken into custody by a gang including D5, who acted according to the Boss’s instruction.

202.X had been kept in false imprisonment in a hotel room in Kwun Tong since late night on 2020-9-15. The following morning, his mother was blackmailed by someone from 6672 78xx (with that Lego icon in P14)  for $ 6 million.

203.The gang’s extortion failed when X managed to escape from his guards some time after 9 am on 2020-9-16, having been kept in custody in the hotel room for about half a day.

204.Several weeks later, someone blackmailed X’s father on 2020-11-6 from 5573 18xx. That was the number of P1, which was found in D8’s residence on 2021-3-9 when he was arrested. A photo very similar to the one used by the blackmailer was stored in D8’s own phone [P3-M4/page 15 compared to P7-M8/page 1].

205.On 2021-2-21, Blackvz asked Y if she wanted to have revenge on the “whorehound” (X). Y also got WhatsApp messages from Black Vz/5444 39xx between 2021-2-21 and 2021-2-22 [P1-M1/141-151].

206.On 2021-2-25, someone claiming to be the boss pursued Y further on the same subject from 5444 39xx. Blackvz admitted to Yym that “It was me.” [P1-M1/46-47].

207.Between 2021-2-22 and 2020-3-4, DSSgt Yue posed himself as Y (Yym)  to communicate with Blackvz. Their exchanges were in P1-M1/22-113 and the phone P1/5573 18xx was found in D8’s residence on 2021-3-9.

208.I find as I am sure D8 was the user of 6672 78xx (with that Lego icon in P14), 5444 39xx and 5573 18xx at all material times. He was Blackvz.

209.D5 had WhatsApp communication with the Boss and noticed the other party’s number had that Lego icon in P14. I am sure the person speaking to D5 was D8. D8 was indeed the Boss. He asked D5 for advice while giving instruction to D5 on how to deal with X in that September 2020 incident.

210.D9 testifies that D8 asked him to collect money from a target and to take the target into custody for some time. He thus recruited D5, who in turn got others for the ‘job’.

211.D9’s evidence has to be carefully scrutinized. But the relevant phone records and the testimony of D5 do lend support to D9’s saying that D8 was the Boss who commissioned the ‘job’ against the target. I am sure X was D8’s target. D8 commissioned D9 to have X put in false imrpsionment in that Kwun Tong hotel room. D9 then got D5, who recruited more people to execute D8’s assignment.

212.I find as I am sure D8 was the mastermind of the blackmail of X and Y in mid-September 2020 for $5,000. I am sure D8 is guilty of Charge 2 Blackmail and so convict him.

213.X was kept in false imprisonment between 2020-9-15 and 2020-9-16 for about half a day by the gang commissioned by D8 through D9 and D5. I am sure D8 is guilty of Charge 4 False imprisonment and so convict him.

214.In the hotel room, X was asked to produce his wallet and phone. He was also asked to disclose his phone passcode. He refused at first but was then made to speak to the Boss (D8)  on the phone. D8 told X that if he cooperated he would be safe, otherwise he (D8)  could not tell what his boys would do to X. X was frightened so he gave his mobile passcode together with his wallet and phone to the gang.

215.I am sure the taking of X’s wallet and phone was part of the plot, which D8 commissioned the gang to execute. D8 apparently wanted to dig more into X’s life from the contents of his wallet and phone. He thus forced X to disclose his phone passcode.

216.D5 gave X’s wallet and phone to D9, who in turn gave them to D8. I accept D9’s evidence that it was done at an MTR station. Whether it was Quarry Bay as D9 told the police or Mongkok as he says in court, it does not matter. I am sure X was stripped of his wallet and phone by the gang in the hotel room according to D8’s instructions and the items were given to D8, only that D8 eventually gave the phone to D9 after messing with it at the MTR station. I am sure D8 is guilty of Charge 3 Theft and so convict him.

217.The blackmail of X and Y for a mere of $5,000 was only part of D8’s bigger plot to taking X into custody and to blackmail his family for a much larger sum.

218.When X was being detained in the hotel room by the gang commissioned by D8, X’ mother A was blackmailed by D8 from 6672 78xx on 2020-9-16 for $6 million. I am sure D8 is guilty of Charge 5 Blackmail and so convict him.

G.3.2 D7

219.D7 has no previous criminal conviction. She elects not to testify but calls her parents to give evidence. That is her right.

220.The three-year relationship between X and D7 ended in late 2019. Whatever the cause and whoever took the initiative to terminate it, the pair ended up in acrimony as apparent from D7’s speaking of X in P6-M7. On the other hand, X was also nasty to D7: “Don’t ever direct me on it again, or I’ll post all your nude pics.”; “He/she is using my ig (account).” and “Do (you)  want mutual destruction?” [P6-M7/224-226]

221.D7 was raged with jealousy towards X’s new girlfriend Y [D7: “The chick is a real pain in the neck.”; “She posts nude pics of herself every day.”; “I can feel it. It is very obvious that she chok (has made a deliberate effort to strike)  poses.” [P7-M9/78-80]; D7: “He/She keeps posting stuff about going to hotels with the chick.” [P7-M9/98]].

222.There were WhatsApp messages between D7 and D8 on 2020-9-16 (see para 187 above). That was the day when D9 says he delivered X’s wallet and phone (P2)  to D8 at an MTR station. I am sure when D7 told D8 to “Discard the whole device”, she was referring to P2. She asked D8 to clear out the photo album of hers in that phone.

223.Both D7 and D8 were very unhappy with X. In P6-M7, the two talked about their joint enterprise against X and the financial aspect of their exercise. D7 was concerned with the expenses. She did not want more trouble or to spend more. On 2020-10-8, D7 expressed to D8 that she would opt out.

224.When D7 and D8 realised the police were continually making investigation, they were worried, so much so that they would delete their communications. It is clear they wanted to erase the evidence of their collaboration.

225.When the police eventually went to their respective residence on 2021-3-9 for this case, they informed each other.

226.The only irresistible inference in the circumstances is that D7 was complicit in what D8 had been doing against X in September 2020. P6-M7 reveals D7 had funded D8 for that before she indicated to opt out on 2020-10-8.

227.I am sure D7 was in joint enterprise with D8 in the plot against X and his family including blackmailing X and Y in mid September 2020 (Charge 2)  and blackmailing A on 2020-9-16 (Charge 5). Such plot necessitated taking X into custody in mid September 2020 (Charge 4).

228.I am also sure stripping X of his wallet and phone after the gangsters’ taking him into custody in mid September 2020 was part the common plot of D7 and D8. Earlier, on 2019-12-22, X threatened to post D7’s nude photos [P6/M7/224]. D7 certainly wanted to erase such photos from X’s device. I find as I am sure D7 was in joint enterprise with D8 in devising the whole plot against X and his family. The execution included taking away X’s wallet and phone (P2). That was achieved at the hotel on 2020-9-15 by the gang commissioned jointly by D7 and D8.

229.I am sure D7 is guity of Charge 2, Charge 3, Charge 4 and Charge 5 and so convict her respectively.

G.4 Charge 8 (D8 only)

230.On 2020-9-16, X managed to escape from the gangsters’ siege commissioned by D7 and D8.

231.On 2020-10-8, D7 in her exchanges with D8 indicated she would opt out of their joint enterprise. D8, however, persisted.

232.On 2020-11-6, X’s father B was blackmailed by someone from 5573 18xx for $ 1 million. That was the number with P1 as found by the police in D8’s residence on 2021-3-9.

233.I find as I am sure the user of 5573 18xx/P1 was Blackvz. He was D8. I am sure D8 is guilty of Charge 8 Blackmail and so convict him.

G.5 Charge 1 (D8 only)

234.In the trial, X is not asked to relate the details of the January 2020 Incident leading to his giving up P1 unwillingly and X cannot tell who took away his phone (P1/6658 13xx then)  after he had left it at an alley.

235.The police found P1/5573 18xx at D8’s residence on 2021-3-9. That was more than a year after January 2020. There is no evidence on how D8 got it and when. Prosecution fails to prove beyond reasonable doubts that D8 had stolen P1 from X. I therefore acquit D8 of Charge 1.