The Court of Final Appeal (TUI) has confirmed the penalty of dismissal from the force applied to an officer from the Customs Service that abused three police officers from the Public Security Police Force (PSP) in a street of Macau, the Office of the president of the TUI informed.
The case, that dates back from April 2015, had already been judged by the Court of Second Instance. The Court of Second Instance had also upheld the penalty imposed by the Secretary for Security, Wong Sio Chak. In December 2018, the Secretary dismissed the officer on the grounds that the officer’s behavior was in severe violation of the Regulation of Militarized Personnel of the Macau Security Forces, when such personnel “should always serve as an example of respect for the legal system and act in a way that reinforces the society’s confidence in the institution that it serves.”
In the appeal to the TUI, the officer claimed that his behavior was justified as he was drunk and had lost the capacity to make a proper judgment of the situation and his behavior.
The TUI judges did not accept this justification. They noted that his state of incapacity had never been proven and that on the contrary, an assessment as to his capacity may have resulted in the conclusion that he was perfectly conscious and capable of acting on free will if he was not able to form a completely logical judgment.
The judges also noted in the ruling that the officer’s behavior shows that he is unfit for the post and that he has also lost the institution’s trust and that of his peers to perform his duties.
At the time of the events, the PSP officers approached the customs officer in the early hours of the day in a street in Macau as he was shouting.
The PSP requested his identification documents and asked him to leave. However, the customs officer challenged them several times by standing in the zebra crossing and on the road pavement and littering with a cigarette on the ground.
An argument broke out, with the customs officer insulting and making several accusations against the PSP officers.
He was detained and taken to the superior officer, during which time he continued to make accusations and disrespectful remarks, leading to the disciplinary procedures that resulted in his dismissal from the force.
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