Filipina Fined for Pulling Hair of Husband’s Accuser
The Eastern Court in Sai Wan Ho
by Vir B. Lumicao
A Filipina was fined $3,000 at Eastern Court on Aug. 25 after pleading guilty to assaulting a woman who had accused her husband of touching her buttocks.
Vitoria Daniela del Rosario admitted to pulling the hair of another Filipina identified in court as Divina X, after the latter accused the defendant’s Indian husband of touching her behind while they were all in Lan Kwai Fong at past midnight on April 2.
Del Rosario’s husband, Paul Aujla, was however, acquitted of a charge of indecent assault against the accuser.
According to Magistrate Jacky Ip, he found X’s testimony not enough to prove Aujla’s guilt beyond reasonable doubt.
X testified that on the night of the incident, she was walking on a crowded pavement in Lan Kwai Fong with her boyfriend right behind her when she suddenly felt a hand touch her butt. When she looked behind by reflex, she saw a left arm being withdrawn.
X then grabbed Auja’s arm and asked: “Did you touch my buttock, did you touch my buttock?”
She then reportedly uttered, “I hate you Indians, go back to your country.”
At that point Del Rosario pulled X’s hair and pushed her to the ground before other people intervened.
In his verdict, Ip said he could not rule out the possibility that it was somebody else who touched X’s bottom because there were many other people on the pavement at the time.
The magistrate also noted that the victim was unsure whether it was Auja who touched her when she asked if he touched her butt, instead of asking “Why did you touch my buttock?”
Further, Ip said it was doubtful if Auja would take the risk of indecently assaulting X with her boyfriend right behind her.
In mitigation for del Rosario, her counsel Christopher Morley, asked for leniency, saying the defendant reacted with instant rage because of X’s accusation.
The magistrate said a fine was in order, citing del Rosario’s guilty plea, clear record, genuine remorse, and the fact that the complainant suffered no serious injuries during the assault.