Zhao Hong's hearing scene
In October, two Chinese girls accused of drug trafficking were tried again in Malaysia: one innocent and one executed.
Jiang Li (pseudonym) and Zhao Hong (pseudonym) were both found with drug when they entered Malaysia. But they insisted they had no knowledge of it and had been deceived by foreigners. Before that, Bei Qing Shen also once also carried on the report to this series of cases.
The two men face the same charges, but the fate of the two people at trial varies greatly under the influence of a number of factors, such as the presentation of evidence and the manner in which they defend themselves.
In five years, Jiang had undergone three trials, the first two of which had been acquitted, but was taken away by the Immigration Service, where she remained in prison on the grounds that her documents had expired. It was not until October 22 this year that the case was finally acquitted. At the same time, Zhao Hong was sentenced to death at first instance, she decided to hire Jiang Li's defence counsel, continue to appeal.
Zhao Hong's judgment
The path of innocence
On the morning of October 22, Jiang Li's lawsuit finally reached the last step. When the judge's acquittal hammer struck, she was too excited to say anything
The case starts at 9: 00 a. M., acting lawyer Chen Junhong told Bei Qing Shen a reporter, according to Malaysian legal procedures, this time in court will not be long, one and a half to two hours to end. Before that, Jiang Li had gone through two trials, both acquitted.
As far as the final appeal is concerned, the prosecutor will only appeal against whether the judge made a mistake in the course of the previous trial, or whether the trial has any problems, and will not present any new evidence. The prosecution, Malaysian Customs, did not send anyone, but came to represent a lawyer.
The final appeal consists of five judges. Jiang Hua told reporters that after the hearing, the prosecution first spoke and the opposing lawyer read a document. After that, lawyer Jiang Li and lawyer Chen also spoke. There was no recess. The judge rang the bell and summoned all the people to hear the verdict: maintain the original sentence. Jiang Li was acquitted.
Similar to the previously reported story of Malaysia's "drug transporter," Jiang Li, a girl from Jiangsu, met a foreign male named Dan in 2013. In September, she met with Dan in Guangzhou to study the clothing business.
In November 2013, Dan asked Jiang to bring samples of clothing to her friends in Malaysia, who were supposed to go together from Shenzhen to Hong Kong for Kuala Lumpur. But before leaving on the 11th, Dan answered a phone call, claiming that she had an emergency to deal with, and let Jiang Li go first. After arriving at Kuala Lumpur Airport, Jiang Li was found carrying drug in her luggage.
The reporter confirmed through Jiang Li's family that Dan's social account was the same account as the foreigner love who had been contacted in the reporter's previous report.
After her arrest, Jiang Li showed Dan's photo to the customs and showed the two men's text messages, explaining that she had been deceived, according to a court interpreter. In fact, Jiang Li was acquitted at the first instance. But before she got out of court, immigration staff in the auditorium took her away on the grounds that her visa expired. The time is usually 14 days, in which case, if the customs does not file an appeal, the person concerned will be sent home by way of removal; if the customs file an appeal, the person concerned will be handed over to prison for the next round of court. Chen Junhong told the journalist that the acquittal of the first trial will be sent back to prison to resume the procedure, and the process of appeal will not last long, usually eight or nine months.
On October 20, Jiang Li's sister Jiang Hua (alias) left Shanghai for Malaysia to participate in the final trial. Before the trial, she went to visit Jiang Li in camera prison. Jiang Li was nervous, but although this acquittal was almost certain, she was taken away twice by the Immigration Service, and she was worried about the free gain and loss. Across the glass, she said to her sister, "I didn't expect you to come to see me. I am sentenced or not, and I have no regrets in my heart when I see you."
This let Jiang Hua follow the sad. The last time she saw Jiang Li, she was still in second instance. "I have a family of my own, and the child is too young to see her so hard." She explained. At that time, Jiang Hua did not know the series of procedures after the Malaysian trial, she comforted Jiang Li, told her to wait two days patiently, and then took her home after the procedure was finished, but a few days later, when she went to prison to apply to visit Jiang Li, the application was not allowed. "she knew I was out there and everyone else could get in, and if I couldn't get in, I knew something was wrong." Jiang Hua recalled. Sure enough, the lawyer told her that Jiang Li had been indicted again.
"this time I told her, I can not take you away, I am not going home, I will take you back no matter what way," said Jiang Hua, her feet have been shaking, through the window fence, Jiang Li can not see sister's nervousness.
On the 22nd, Jiang Li's handcuffs were removed, and Jiang Hua's tears fell instantly.
Camera prison outside
The same crime and fate.
In Chen Junhong's view, Jiang Li's case, already regarded as rare smooth. Before that, he also received two cases, one from 39B to 39A, that is, drug transport to hold drug, the client pleaded guilty and sentenced to 17 years in prison; and one client changed his lawyer halfway through. In general, few lawyers are willing to take on cases that are transferred halfway. "especially lost cases." Chen Junhong said, "the process of first instance is very important, and other people's cases we are not familiar with, the first trial is not familiar with, the second trial and third instance will affect judgment."
In mid-October, another Chinese girl, Zhao Hong, who was once reported by Bei Qingshen, transferred the case to Chen Junhong's men. In fact, when Zhao Hong just started looking for a lawyer, he considered Chen Junhong. At that time, Chen Junhong asked whether she accepted from 39B to 39A (2) guilty punishment, Zhao Hong insisted not guilty. It impressed him. At that time, Zhao Hong chose Feng Jishou lawyer, after adding a lawyer to Lanxing.
In June this year, Zhao Hong's first trial in Shayanan court, compared to Jiang Li's case, Zhao Hong is much more tortuous. Originally scheduled on August 28, Zhao Hong's father rushed to Malaysia from Beijing for this purpose, but unexpectedly, the trial did not deliver a verdict. The hearing mobilized almost all Zhao Hong's relations to respond to possible hopes that, according to the secret circulation of the girls in custody, if they were acquitted, as long as they could walk out of the court without being stopped, it would be very likely that they would be able to return home. No longer put in jail waiting for appeal.
On the day of the court, Qianjie, who had previously introduced her and expatriate acquaintances, also testified in court. Zhao Hong's friend in Malaysia held 20,000 MYR in cash and waited at the auditorium. Also in the auditorium were Zhao Hong's father, as well as three immigration staff.
But the trial lasted two days, but not the second day in court judgment. The two lawyers also divided in the process, according to Zhao Hong's father, Nalan Xing lawyers do not believe that "Qianjie" no longer need to testify, but Feng Jichang believes that Qianjie need to appear in court to state. The next day, after "Qianjie" appeared in court, the court announced a date to re-pronounce.
The sentence was postponed to September 28. On September 26, Zhao Hong's father again arrived in Beijing from the construction site and flew to Malaysia in the early hours of the morning. He put on a formal white shirt to greet his daughter's innocence. A band-aid was affixed to the cheek, and while working, a bar of steel brushed past his face, and, a little further, almost poked him into the eye.
What distracted him was Zhao Hong's lawyer's fee. Among them, hiring Feng Jichang's lawyer fee has not yet been settled. After the August hearing, Feng told Zhao Hong's family that they should pay the lawyer's fees as soon as possible, or they would withdraw from the final closing session. Zhao Hong's father hesitated. "I told him, you go to court first, and if you win, I'll give you the money even if I'm in arrears. If the case is lost, am I not out of money? "
Zhao Hong and his parents both worked as carpenters, earning nearly 10,000 yuan a month, and most of it was spent worrying about Zhao Hong. Since Zhao Hong's arrest, relatives have gradually alienated their family and went to Malaysia several times to drop off the work site. It is also the workers who help. Zhao Fu annoyed, he felt that the lawyer fee is unreasonable for a while, the other should be "sister Qian" to assume a certain responsibility. As the court session approached, he dared not offend either the lawyer or the witness.
He finally failed to settle lawyer Feng's lawyer's fee. Although after the trial on the 28th, Feng lawyer relaxed-can not pay in full, part of the first payment. But the cost still makes Zhao Hong's father have too many concerns, "can not fight (lawsuit)." His hands trembled as he spoke to the reporter before leaving Beijing.
He pinned his hopes on lawyer Nalan Star. After confirming that Zhao Hong's father would not pay the unsettled lawyer's fee, Feng chose to withdraw. "Nalanxing said that even if Feng Rue is not present, it is fine, he will be there to make closing remarks." Zhao Hong's father said that on October 5 Zhao Hong was sentenced to death at first instance.
entry of appeal
After the first trial judgment, Zhao Hong and daughter decided to quit Lan Xing lawyer, and instead hired Chen Junhong lawyer.
"at last he (Nalan Xing) said a few words." Zhao Hong's father is dissatisfied with this, he thinks, take Lanxing did not do his best. As early as the beginning of this year, Zhao Hong's father paid Nalan Xing 10,000 US dollars for "dredging relations." After the first trial, he went to Nalan Star to inquire, only to learn that the so-called 10,000 dollars, did not send out at all. "if they are finally acquitted, they will not charge money. If they cannot be acquitted, they will not charge money." Zhao Hong's father told reporters. During the talks, Zhao Hong's father reached an agreement with Nalan Xing, which will serve as a lawyer's fee for Zhao Hong's second trial, and the case is still represented by Nalan Xing. Both sides signed the agreement on the spot, the agreement is also specially marked in Chinese, cash paid will not be returned. But the next day after signing, father Zhao regretted it. He decided to change his lawyer.
Always visit Zhao Hong's local friend Chen Jie to communicate with Nalan Star. "at the time of signing, I was witness to the agreement in black and white, and I had no assurance at all." "he was a little speechless," I told Nalanxing. "you see he's going to die. Since you're not defending him, it's not appropriate for you to take all the money. Give him a little bit back." Nalan Xing says only $2000 can be refunded. "I told Nalanxing that they had a new lawyer, and that the lawyer's fee was 10, 000 (RM), and would you give him another 15, 000 (or more than 3500 dollars)?" Lansing considered it for five minutes and agreed to the plan.
With the same charges on his back, Jiang Li and Zhao Hong met in prison. When the two met for the last time, Jiang Li felt that Zhao Hong was a little depressed.
"she felt that she owed too much to her parents and said she was tired and did not want to appeal any more." Later, Zhao Hong was transferred to the death penalty prisoner's special cell. Jiang Li, on the other hand, gave all her personal belongings to the Chinese girls who were still in prison before she went to court. She never wanted to step into the Jia Ying Prison any more. After the judge's legal hammer sounded, She left with her family and didn't want anything.
Jiang Li and Zhao Hong were also accused of transporting drugs and introducing them to Malaysia, the same foreign man, but the fate of the two men at the trial was very different.
In response, lawyer Chen Junhong told reporters that the more significant difference between the two cases is that Jiang Li provided informative information and photographs to substantiate that she was being used, while in Zhao Hong's case, there was a lack of such evidence. In the past, there had been evidence that former lawyers had "double-edged swords," Chen said, said he had obtained information from Zhao Hong, the former lawyer did not submit the evidence to the court.
Chen Junhong said: according to Malaysian law, the interests are attributable to defendant. Based on this condition, if the first instance wins, the subsequent appeal will win even more. Now, Zhao Hong will only be able to look for technical errors and omissions in the first instance when he appeals against them. "it is possible that the judge, in the course of the trial, missed a certain point; Or before we have a case, the translator to defendant did not do a lot of due diligence and so on.
Escape Horse
Originally, according to the process, Jiang Li, after uncuffing, should be taken away by the immigration authorities, then go to the judge to collect the report, after a series of procedures, she was deported. But the first two times were transferred back to prison so they can not believe the immigration, this time, Jiang Hua chose to take her sister directly away. Out of the court, in the court to go through formalities gap, Jiang Hua stopped immigration staff, a thousand yuan, she took away sister Jiang Li, straight to the Chinese Embassy.
Before that, the Chinese Embassy in Malaysia had sent people to visit Chinese nationals serving their sentences in Jiagin Prison, but there was not much experience with Jiang Li. On the afternoon of the 22nd, the Embassy contacted the mainland. After checking her identity with Jiang Li's province, she was given a temporary passport, which was Wednesday morning on the 24th.
But they are not able to book tickets directly to return home. Jiang Hua thought, looking for embassies can bypass Malaysian customs, in fact, should take a step in the process can not be less. On Wednesday afternoon, they began their journey through Malaysia's various sectors.
First go to immigration to get Jiang Li's personal data seal, and then ask the customs to show the documents. Customs seals require formal release documents from the Supreme Court, so they return to the court to seal them. Due to the expiration of Jiang Li's certificate, she went to the police station to obtain the certificate of loss of the certificate, and then went to the security department to verify the seal.
The last step is to book a ticket. The two sisters booked a ticket for October 26th. In order to avoid going through the formalities, a plane was booked for seven o'clock in the evening. "there were all kinds of problems in the middle, and we were at immigration until 4: 00 p. M." Jiang Hua recalls, and from immigration to the airport, it will take more than half an hour. Finally, they almost jammed to board the plane.
"so it's basically impossible to plug money or run." Chen Junhong said. From the first instance of Jiang Li, he reminded her that even if not guilty, it is inevitable to be taken away by the Immigration Department to appeal again. "I told them, don't waste money, the final appeal will definitely be released." As for those who claim to be able to dispense with relationships by giving them money, "it's all a lie."
Zhao Hong, who has taken a lot of wrong paths, can only hope that Chen Junhong can bring her a different ending. Chen Junhong said, there is still hope. Malaysia's abolition of the death penalty has been discussed for a long time. "the process of appeal can go now, the abolition of death may be passed by January at the latest, and in the light of the situation, it is imperative that death be abolished."
At least, Zhao Hong may be able to avoid the end of the death penalty, but in any case, her youth, in the shadow prison wall, will never come back.