What was the catalyst for his exit this time? These 2 documents that actually should not have played any part in the civil lawsuit or our latest dispute, but which nonetheless did:
Here is the exchange of emails between my former attorney and I which explain the connection between these documents and the civil lawsuit and how the latest disagreement came about:
Wed, Feb 9, 2011 at 5:19 PM
Attny Tu,
I have been in touch with the LAF and I have an appointment with them tomorrow to discuss the admin high court appeal and the extra fees for the civil case.
In addition, I have been looking through all the documents in my court files and so far I have discovered one BIG problem. There is an important document the judge has left out of my files (please see attached Decision of the Shihlin District Prosecutor's Office).
I personally handed a copy of the Shihlin prosecutor's office decision to the judge at the June 20, 2010 court hearing and it is inexcusable that he kept it out of my files. When the nursing university gave the judge a copy of the arrest warrant of August 21, 2009 (see attachment), the judge made sure he included it in my case files and when I gave him the prosecutor's decision he was also supposed to include that as part of my case files. The judge kept an unfavorable document in my files and when I was exonerated of the bogus and baseless allegations of defamation by the prosecutor (and the prosecutor also pointed out some problems with the nursing university's mistreatment of me), the judge left out the conclusion of the prosecutor's investigation which is favorable to me. This is another glaring example of the injustice continually perpetrated against me by the civil court.
I would like an answer as to how you will handle this situation Attny Tu so that it is made right. The Shihlin prosecutor's decision belongs in my court files and the favorable judgments of the prosecutor should be included as part of my case against the nursing university...especially since the nursing university introduced their complaint and the arrest warrant they pushed against me to the civil court in another of their attempts to prevent a correct and favorable judgment in my civil lawsuit.
I wonder (and am looking for) what other relevant documents and evidence in my favor are missing from my files. Have you ever checked Attny Tu?
I have been in touch with the LAF and I have an appointment with them tomorrow to discuss the admin high court appeal and the extra fees for the civil case.
In addition, I have been looking through all the documents in my court files and so far I have discovered one BIG problem. There is an important document the judge has left out of my files (please see attached Decision of the Shihlin District Prosecutor's Office).
I personally handed a copy of the Shihlin prosecutor's office decision to the judge at the June 20, 2010 court hearing and it is inexcusable that he kept it out of my files. When the nursing university gave the judge a copy of the arrest warrant of August 21, 2009 (see attachment), the judge made sure he included it in my case files and when I gave him the prosecutor's decision he was also supposed to include that as part of my case files. The judge kept an unfavorable document in my files and when I was exonerated of the bogus and baseless allegations of defamation by the prosecutor (and the prosecutor also pointed out some problems with the nursing university's mistreatment of me), the judge left out the conclusion of the prosecutor's investigation which is favorable to me. This is another glaring example of the injustice continually perpetrated against me by the civil court.
I would like an answer as to how you will handle this situation Attny Tu so that it is made right. The Shihlin prosecutor's decision belongs in my court files and the favorable judgments of the prosecutor should be included as part of my case against the nursing university...especially since the nursing university introduced their complaint and the arrest warrant they pushed against me to the civil court in another of their attempts to prevent a correct and favorable judgment in my civil lawsuit.
I wonder (and am looking for) what other relevant documents and evidence in my favor are missing from my files. Have you ever checked Attny Tu?
Wed, Feb 9, 2011 at 10:38 PM
Mr. D,
I made it for sure that the court files copied from Attorney Chen is exactly the same with those held by the judge. However, lawyers would not know why certain document was not included in the court files. As you say, generally the judge would keep all documents she/ he got in the court file and made it accessible to all parties and their lawyers. However, if there is some privacy concern for the parties or public interest concerns (such as an evidence used in an ongoing prosecution process), the judge has the authority to limit the accessibility of some documents in the court file. I am not sure whether there are such concerns in your case.
My suggestion is: if you do think the "missing" document really relevant and a key point to your case, you may submit it to the new judge again and explain the importance of it to her. But in my view, although the "non-indictment" decision proves your innocence in slandering the nursing university, it did not play a crucial role at all in your civil law case. You may consider about this.
regards,
Attorney Tu
Thu, Feb 10, 2011 at 12:00 AM
Attny Tu,
Thank you for your explanation about what you know or speculate about the court files. Obviously, the court files are not exactly what Attorney Chen had in her hand, so at some point the prosecutor's decision was removed or it was never even put in my files in the district court.
A judge is supposed to be an unbiased arbiter of the facts and evidence of a case and, in order to try and make a correct and legal decision, he/she is supposed to be balanced in his assessment of the available facts and evidence from both sides, not just one side. Obviously, since the judge accepted the arrest warrant and placed it in my files, he had decided the nursing university's complaint had some relevance to my civil case. Otherwise, he would not have accepted and retained the arrest warrant. There is no privacy concern applicable here because he had the unsealed arrest warrant in my files and, if he had any separate privacy concerns about the prosecutor's decision, he is allowed to seal the document before placing it in my files. I have already seen 2 or 3 documents in my files that were sealed. There is no explanation needed as to why the prosecutor's decision is supposed to be in my files. The presence of the arrest warrant in my files dictates that the prosecutor's decision must also be included in the files as balanced fact and evidence to the arrest warrant. If one is in my files, the other one must also be present. Otherwise, it is a clear indication of a bias in favor of the nursing university and against me.
Please don't patronize me or make excuses for the judge. When you treat me in this manner Attny Tu it gives me increasing doubt as to who you are representing/defending in this case. I am aware you and my other attorneys have written many fine briefs to send to the judge, but I have yet to see any of you vigorously defend my case with your voices in court and challenge the biased and unfair treatment of me by the court. If not for my unwavering determination and strength to keep fighting for the truth and justice, this case would have already become another pitiful "Hsichih Trio" fiasco or like the recent news of the case of the military man who was wrongfully convicted and executed in 1997 when there was no evidence proving he committed the crime. Are these the examples of what you said is "evidence is what counts" in the courts in Taiwan rather than the truth? It's fortunate for me that I'm not accused of a capital crime in Taiwan or else I too could have ended up like the Hsichih Trio on death row for many years or worse dead and gone like the military man for a crime I never committed.
I expect nothing less Attny Tu than to win this case because I have the truth and evidence on my side. I went to the LAF because I expected they would help me find an attorney who has the ability and skills to win this case. I expect nothing less from you or anyone who represents me.
Thank you for your explanation about what you know or speculate about the court files. Obviously, the court files are not exactly what Attorney Chen had in her hand, so at some point the prosecutor's decision was removed or it was never even put in my files in the district court.
A judge is supposed to be an unbiased arbiter of the facts and evidence of a case and, in order to try and make a correct and legal decision, he/she is supposed to be balanced in his assessment of the available facts and evidence from both sides, not just one side. Obviously, since the judge accepted the arrest warrant and placed it in my files, he had decided the nursing university's complaint had some relevance to my civil case. Otherwise, he would not have accepted and retained the arrest warrant. There is no privacy concern applicable here because he had the unsealed arrest warrant in my files and, if he had any separate privacy concerns about the prosecutor's decision, he is allowed to seal the document before placing it in my files. I have already seen 2 or 3 documents in my files that were sealed. There is no explanation needed as to why the prosecutor's decision is supposed to be in my files. The presence of the arrest warrant in my files dictates that the prosecutor's decision must also be included in the files as balanced fact and evidence to the arrest warrant. If one is in my files, the other one must also be present. Otherwise, it is a clear indication of a bias in favor of the nursing university and against me.
Please don't patronize me or make excuses for the judge. When you treat me in this manner Attny Tu it gives me increasing doubt as to who you are representing/defending in this case. I am aware you and my other attorneys have written many fine briefs to send to the judge, but I have yet to see any of you vigorously defend my case with your voices in court and challenge the biased and unfair treatment of me by the court. If not for my unwavering determination and strength to keep fighting for the truth and justice, this case would have already become another pitiful "Hsichih Trio" fiasco or like the recent news of the case of the military man who was wrongfully convicted and executed in 1997 when there was no evidence proving he committed the crime. Are these the examples of what you said is "evidence is what counts" in the courts in Taiwan rather than the truth? It's fortunate for me that I'm not accused of a capital crime in Taiwan or else I too could have ended up like the Hsichih Trio on death row for many years or worse dead and gone like the military man for a crime I never committed.
I expect nothing less Attny Tu than to win this case because I have the truth and evidence on my side. I went to the LAF because I expected they would help me find an attorney who has the ability and skills to win this case. I expect nothing less from you or anyone who represents me.
Thu, Feb 10, 2011 at 12:45 AM
Mr. D,
I am too busy to patronize you. Since you ask me, you have my speculation about why the court did not include the "non-indictment decision" in the court file.
Besides, I do think even the above prosecutory decision were included in the court file, it would not change the final decision of your civil law case. Because they are different cases. If you insist it works, you may still submit it to the judge. No one would stop you.
As I have stated for many times, I agree you were unfairly treated by NTCN, for they kind of manipulate several procedures to hinder you from arguing your rights. However, there is always a gap between ideal and reality. Many factors would affect the final decision of the court: the endeavor made by your lawyers, the judge(s), and of course yourself. You or your previous lawyer made a bad decision in raising 2 suits at the same time, which made the administrative lawsuit moot. Additionally, the so-called harassment event happened just before your contract with NTCN ended. This made NTCN's dismissing you justifiable in the name of "non-tender". These are the procedural and substantial hurdles on the way to your justice. Including me, every lawyers working on your cases have put their energy in arguing every possible rights for you, to fight for your justice.
I cannot agree the way you treat your lawyers and terminate the mandate here. Good luck for finding another lawyer to defend for your justice.
regards,
I am too busy to patronize you. Since you ask me, you have my speculation about why the court did not include the "non-indictment decision" in the court file.
Besides, I do think even the above prosecutory decision were included in the court file, it would not change the final decision of your civil law case. Because they are different cases. If you insist it works, you may still submit it to the judge. No one would stop you.
As I have stated for many times, I agree you were unfairly treated by NTCN, for they kind of manipulate several procedures to hinder you from arguing your rights. However, there is always a gap between ideal and reality. Many factors would affect the final decision of the court: the endeavor made by your lawyers, the judge(s), and of course yourself. You or your previous lawyer made a bad decision in raising 2 suits at the same time, which made the administrative lawsuit moot. Additionally, the so-called harassment event happened just before your contract with NTCN ended. This made NTCN's dismissing you justifiable in the name of "non-tender". These are the procedural and substantial hurdles on the way to your justice. Including me, every lawyers working on your cases have put their energy in arguing every possible rights for you, to fight for your justice.
I cannot agree the way you treat your lawyers and terminate the mandate here. Good luck for finding another lawyer to defend for your justice.
regards,
Attorney Tu
