Documenting My Numerous Requests to Testify in Court

  On the advice of the staff of the Control Yuan, I sent this letter to the judge and cc to the head of the Judicial Yuan on October 26:

 Judge,

    I am writing you to request again that you allow me my lawful time to present further compelling evidence to support my case that I did not touch the defendant, Ms. Alice Yang.

    It was you who told my attorney to tell me after the August hearing that I needed to produce some stronger evidence to rebut the false claims of the alleged witness. I have spent many more hours to prepare this stronger evidence, yet you continue to refuse to allow me to testify in court.

    I have requested the court to allow an appropriate time for my testimony many, many, many times in the 2 years since hearings began. Repeatedly my attorneys – Hsieh, Yang, Chen, and now Tu – have told me the court would inform me of my time to testify, but it has never come. The court has never even questioned me about any of the evidence submitted through my attorney!

    At the previous hearing on Sept. 27, I asked you directly to let me testify in court with my evidence, but again you denied me my right which is set forth in Taiwan’s laws as well as international law. I have the right to testify and as a judge it is your responsibility to permit me every opportunity I need to prove my case.

    Why is it that both defendants were allowed to testify for 45 and 30 minutes respectively at the second hearing in 2008 but I have been kept silent for 2 years? You are sworn to uphold the laws of Taiwan and to treat all before you as innocent until proven guilty, yet you openly violate the laws by denying me my legal and human rights and you continue to treat me as guilty without allowing me to present my evidence supporting my innocence.

    Your suggestion for a “settlement” instead of a decision is no substitute for allowing me my right to prove my innocence. Also, until now neither my attorney nor the nursing college has shown me anything in writing about what reasonable terms I will get in return for dropping my lawsuit. So far, it appears to be another attempt to deny me my rights and circumvent the law in order to protect the defendants from the repercussions of their wrongdoing when they are found guilty once I present my compelling evidence.

    You have announced in court, before ever hearing and seeing the presentation o f my evidence, that you plan to declare an innocent man guilty. When a judge finds an innocent person guilty of something he did not do, it means the court has failed in its sworn duty to deliver correct justice through the law. Your plan will further victimize an innocent man and allow the real guilty to get away with their crimes.

   Again, I respectfully request the court to schedule a hearing for me to present my evidence to support my case - as all plaintiffs and defendants have the right to do under Taiwan and international laws.