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Had my court hearing on Wednesday, I’ll start writing up information on the entire process and how it went down, it’s actually a little different than I had expected – and most definitely worth noting. I guess the most valuable aspect will be the result to validate the ‘right way to go’ – which wont come for a while – up to 3 months..but while I went against lawyers advice and basically contradicted the logic of the prosecutor directly on each point he tried to make my lawyers were impressed with the resulting arguments. I think that just indicates lawyers here are generally shitty, the prosecutor’s logic was extremely flawed and easily broken, and he had absolutely nothing to add other than the documents we had already seen to “support” the bullshit case. I’ll start writing process and advice from start to finish for the rest of those who may end up in precarious legal situations in the ‘du. 😀
Woah- just saw this thread for the first time. Crazy. Can’t wait to hear about the whole experience.
I wish I could say I’m surprised that the logic of your average prosecutor is unimpressive….
Absolutely unimpressive. Lots of his “logic” and “common sense” would prove the *possibility* of assault, but absolutely nothing to prove it happened.. ie, one amusing argument re: evidence: “1 witness said he saw foreigner hit person, but unclear on how many times, 2 witnesses questioned saw nothing”:
Him:
1) Of course it is common sense that the witness can see clearly in this short timeframe. The defendant is a tall white guy on the street in the afternoon!
2) Of course it makes sense that other witness questioned nearby did not see anything, it’s a busy street and lots was going on during Sunday afternoon!
3) The witness was 10+ meters away by his statement, even though the contact happened through the window in the driver’s side car, it makes perfect sense that he could see clearly the difference between grabbing or punching and where the punch happened, it’s only 10 meters!
Logic breaking:
The prosecutor contradicts himself on points 1/2, he said not only does it make perfect sense that people are paying attention to ‘the tall foreigner’ and saw a clear incident that happened over several seconds, but he says it also makes sense that people saw nothing. Why is there only 1 witness, why do others who saw ‘the incident’ say they saw nothing, how does finding 1 person in a crowd of observers who says he saw something but wasn’t clear qualify as a proven witness statement to the event?
Can you see clearly into a car, from an unspecified angle, and see someone’s hands making contact on the driver’s face with a fist but be sure it’s not someone grabbing someone else’s hands instead? This may be possible, but it’s absolutely not probable, more likely the witness saw a scuffle and the police’s directed question of “did you see someone hit someone” was a leading question rather than an open “did you see something abnormal”, so he went along with the story presented to him.
No proof, just presumption, just speculation, just possibility – the prosecutor paints a possible circumstance, not presents factual evidence.
The whole evidence review basically went along these lines.. evidence: 1) ‘victim’ statement, 2) 1 witness statement, 3) my statement. That’s it.
Rick, will there be transcripts of these proceedings, and are they available to you? I’d imagine them to be next to hilarious!
There are – all in Chinese, we reviewed them after the court.. but it’s *huge*. The court day lasted from 9:30am to 5:30pm, crazy, considering how small and short the actual event was…but I seriously doubt they’ll be available to me. I’ll ask about that though, didn’t think about it 😀
Yep. But he refused (as recorded in police’ statement) to go to hospital or file any charge report on the day of the incident, even I offered to go together. 26 hours afterwards, he went by himself. He filed ‘criminal charge’ the following day. There is no evidence whatsoever to tie me to his injury – he could have went home, busted himself up, got in a fight, walked into a door, who knows – then injured himself…..and claim it was me. Since there’s nothing to link the two and he has no photos or evidence of any damage the same day, makes no sense he can pin any injury on me.
Ouch, then its word vs word on the assault. A medical report should have cleared his name if he went to the hospital right after the incident.
He fucked up and you used it against him.
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