Showing posts with label Taipei district court. Show all posts
Showing posts with label Taipei district court. Show all posts

Saturday, February 23, 2013

Judicial Deja Vu

  As I read back through more and more news articles about the Zain Dean case, I have an overpowering sense of deja vu. The often-times inappropriate, prejudicial and heavy-handed ways Dean's case was handled by the courts, the prosecutor's office, the media, plus the Taiwan public's insatiable appetite to see a foreigner convicted and jailed, has been reminiscent of the way my own case was little more than exercise in style over substance - a comical show put on to give the appearance of due process and true justice that in reality are nearly as elusive in Taiwan as they are in it's close neighbor China.
 On paper and in it's propaganda, Taiwan's judiciary professes to adhere to due process and the Rule of Law, but in practice due process is subservient to the personal views, biases, connections and loyalty to certain patrons of too many judges. If you've ever spent enough time in a Taiwan court (or prosecutor's room), Rule of Law in actuality is Rule of the Judge-God - omnipotent, all-powerful, beyond all reproach...an additional adversary to overcome in an innocent person's quest for appropriate justice. 
  Although I was the plaintiff in my case against the National Taipei University of Nursing and Health Sciences, the succession of judges in Taipei District Court treated me virtually the same way Zain Dean alleges he was treated as the defendant in his vehicular murder case. The similarities and parallels in how our cases were (mis)handled and manipulated by the courts and other involved parties are numerous and indicative of a long-running and endemic deficiency in Taiwan's judiciary, particularly when cases involve foreign nationals.   
  As evidenced by the Zain Dean case, a very bad beat continues to go on with no positive change in sight. Taiwan's judiciary has many flaws that have been debated for years by critics and the government alike, but very little tangible improvement has been seen. In fact, it appears that the situation may be growing worse and the future looks bleak especially for any expat in Taiwan unfortunate enough to become involved in a legal case. 
  Here is another recent article about the Zain Dean case and a Taiwan TV news story in which Dean again proclaims his innocence:

  Girlfriend of UK fugitive detained
  Zain Dean calls reporters to proclaim his innocence

Friday, February 22, 2013

Injustice Rears It's Ugly Head AGAIN In Taiwan's Judiciary

  It's been such a long time! My time on the quiet has been much longer than I had planned, but it's been time well-spent tending to my work and life here in Saudi, chopping down the mountain of debt accumulated during the height of my legal battles against the dark forces of the National Taipei University of Nursing & Health Sciences, paying more attention to my role as the father of my two young sons, and keeping abreast of relevant news on the continued injustice of Taiwan's judiciary among other things. With some startling recent developments in the case of Zain Dean, a Briton convicted in Taipei District Court in July 2011 of manslaughter in the death of a Taiwanese man while allegedly driving under the influence of alcohol, it's a very good time to pick up where I left off by introducing his case as a more spectacular example of the prejudice, ineptitude, lack of professionalism and the farce of Taiwan's law enforcement and courts.
  Apparently fed up with being unable to prove his innocence and looking at a jail sentence increased to four years following his appeal of the original 2-1/2 year sentence, he managed to flee Taiwan late last year and is reportedly now in Switzerland, refusing to return to the island without an agreement from prosecutors there guaranteeing certain conditions including a re-trial.
  Here are four recent news stories reporting on some of the latest developments in the Zain Dean case:

  Ministry to ask Switzerland to arrest Zain Dean
  No deal to be cut with Zain Dean: prosecutors
  Convicted killer absconds

  British citizen goes on the run with fake passport

   

Monday, July 18, 2011

Depression? Social Withdrawal? The Evidence Proves Otherwise

  With no evidence to support her allegation, Alice Yang and the nursing university started very quickly to use the "emotional" and "sympathy" cards to try and bolster the false accusation. Starting with the first meeting with the so-called investigation committee, the participants in this fraud played it up by claiming that Alice immediately began suffering "depression, social withdrawal and weeping" after the alleged "touch on her waist." 
  By the way they kept emphasizing Alice's supposed emotional and psychological breakdown, one would think that she was alleging a rape or other sexual assault had occurred. This and so much else of what she and the nursing university claimed were so absurd and over-the-top, but with the nursing university administration controlling the whole situation, especially the investigation and decision processes, it didn't matter how ridiculous the things they claimed or what the evidence was I presented to refute them. It had already been set up that I was going down.
  Equally unfair and absurd was the fact that the nursing college could claim whatever they wanted about Alice's condition without any independent or verifiable proof - just they said it so it must be true - but any and all of my substantive evidence contradicting their claims, and the evidence from various sources of Alice's mental and emotional instability, were continually dismissed. Evidence supporting an allegation of sexual harassment as well as the credibility of the accuser, the process of investigating the claim, and the people involved in the investigation are paramount to making a correct, unbiased and untainted decision. The nursing university, and later the Taipei District Court, completely ignored all of this in their pursuit of injustice and protecting the interests of those involved.

分類:情感
2007/09/25 02:05

星期六跟雯去了追愛聯誼

北護同學們都笑我才21為何要去參加這種類似相親活動

其實我們去參加活動時也有大哥哥們不停問我們為何那麼年輕就想來參加這種活動

有一個姓孫的還要我們叫他孫叔叔...難道其他的比孫叔叔年紀大的就要叫大伯!

我和雯就快笑翻了

我懂你們的我們還年輕 雖然是陪雯去的

但是我覺得這種聯誼比我們去的學校聯誼好耶

雖然裡面的男生是都年紀比我們大 但是他們個個都是優秀人才喔

也比較穩重 我不喜歡和我們年紀太相近的 你們懂我的

但這些大哥卻覺得我們不可能喜歡他們

他們也覺得年紀差太多會有太多代溝

雖然在裡面我對幾大哥有好感但我知道我們不可能

因為他們對我這個年輕人也不可能有感覺

雖然有點遺憾

但是如同他們的我還年輕

年輕就是本錢

我沒必要現在就要找一個人來愛

既然他們對我沒有興趣

我何必這麼執著?

我愛他比他多 以後苦的可是我

我知道我是一投入感情就會把整顆心都給他的人

我知道這樣不好

所以我就必須用理智控制自己

Category: Emotions

Saturday, Wen went to the chase with the love of friendship
North nursing students laughed I was 21 years old why going to the same kind of blind date activities
In fact, we have to participate in activities brother buddy kept asking why we are so young want to participate in such activities
There is even a name, Sun Sun Shushu ... Do we call him other than the Sun Shushu older should call uncle!
I soon Wen Xiaofan
I know you say we are still young, although accompanied Wen to go
But I think this friendship to school than our friendship the good Lord
While inside the boys are older than us but they all are talented Oh
Is also more stable and I do not like us too close to your age, I know
But these Big Brother feel we can not like them
They also think big change will be much older generation gap
While there I have a crush on a few big brother but I know we can not
Because I feel this young man can not have
Although a little disappointed
But as they say I am still young
Young is the capital
I do not need now to find someone to love
Since they have no interest to me
Why should I so persistent?
I love him more than his bitter but I later
I know I am an emotional investment in it gave him the Zheng Kexin
I know this is not good
So I must use reason to control their own

但是對話中有幾個矕好玩的 

大伯們你應該說我們比較有先見之明來參加類似此活動

我想陳清的是

我們雖然是七年級但是我們不喜歡棒棒糖 我們也不喜歡pub

我們不是你們在報紙裡面看見的草莓族 或是你們公司裡的7年級不負責任工讀生

你們說看見我們好像看見未來有希望 但別說你們從來不知道7年級生有像我們優秀的

如同雯說的有些七年級的女生就像我們一樣只是你們沒遇到

我是不了解其他護理係之外的七年級  但我認為很多唸護理的女生都是很優秀的

願意放下自己樂於服務個案  所以請拿下對七年級的黑色標籤 

我中秋節回家 聽見范范的新歌很像唱出來我們的心聲

女生們別因怕孤單而隨便找一個人  你只有一個都是世界上獨一無二的

你們一定要愛自己.讓自己幸福因為你們值得
But the dialogue has several Man fun  
Uncle who you should say that we have more foresight to take part in activities similar to this
Chen Ching-I is
Although we are the seventh grade, but we do not like lollipops that we do not like pub
We are not there to see you in the newspaper strawberry or your company's 7-year time workers irresponsible
You see we seem to see the future that there is hope but you never know let alone the seventh grade students as we have good
Wen said as some of seventh grade girls just like us but you did not encounter
I do not know other than nursing a seven-year study nursing, but I think a lot of girls are very good
Willing to lay down their willingness to serve to win the case so make the black label on the seventh grade  
Fanfan I heard the song festival home like our voice to sing out
Girls do not for fear of loneliness and a random person you have only one unique in the world are
You must love yourself. Yourself because you deserve happiness

Wednesday, May 11, 2011

A Copy of the Court Decision...Finally!

  My friend in Taiwan finally got a copy of the court decision a few days ago after a verbal tussle with the Beitou District Police over whether or not she was authorized to pick up the document on my behalf from their office. Before I left Taiwan I had filed an official pleading with the court stating that I would be leaving Taiwan and my friend had my authorization to receive the court's decision.   
  Even after that, the court still could not manage to do things correctly - first sending the decision to the address where I no longer lived, and then not notifying the Beitou police that my friend had permission to receive the document. So much unprofessionalism among Taiwan's judicial, law enforcement (what an oxymoron!) and government officials.
  The court decision is 18 pages long, so I will post it gradually, a couple pages at a time over the next several days. It is a faxed copy that was scanned by my friend so it's a bit rough. Later when I get the original document I'll scan it myself and re-post the better images.
  For now I don't have much to say about the decision because I've only gotten a very general translation of some key points from my friend - the most key point being that the court ruled against me in my lawsuit on all points. When I can get a more detailed translation I'll be able to comment better on the judges' arguments, problems, etc. Another point my friend shared was that NOWHERE does the decision mention that "several witnesses saw me touch the accuser". It's either a fabrication of those who spread the decision to the media or just plain bad, inaccurate, sensationalized reporting by Taiwan's media.
  Here are the first two pages of the Taipei District Court's decision:


 

Monday, January 24, 2011

More Obstacles: 'Dinosaurs', Corruption and Taiwan's Weak Judicial Reform

  Even for the average Taiwanese, seeking redress through Taiwan's courts is a very daunting experience. For foreigners, it is all but "mission impossible" to achieve justice whether the plaintiff or defendant.
  In addition to the obstacles I've already pointed out in my own particular case, the inadequate state of Taiwan's judiciary due to a plethora of what are referred to locally as "dinosaur" judges, corruption from the top court down, and long-running procrastination on and stymieing of judicial reform are also serious impediments to justice here.
  Here is sampling of what the local press has been reporting in recent months about the Taiwan government's half-hearted and ineffective attempts at judicial reform:

Draft judges' law is still a 'dinosaur
Draft for anti-corruption bureau fails, for now
Justice system mustn't isolate itself: Ma
Ma offers support for judicial reform
Ma realizes importance of judicial reform

Wednesday, January 19, 2011

Trying To Halt Years of Injustice

  Here is a lengthy complaint I sent to Taiwan's Judicial Yuan in exasperation after enduring repeated indifference, bias, incompetence and just plain injustice for more than 3 years since this nightmare began. The nursing university, the Ministry of Education, the Taipei District Court...all of them doing their utmost to hinder and frustrate my efforts for the truth and vindication. 
  In addition, with president Ma Ying-jeou's and his government's alleged determination to initiate judicial reform, I wanted to use my case as a test of their real resolve to improve and clean up the woefully deficient judiciary here, especially where it concerns foreigners.




  
I sent both this original English version and a Chinese version translated (very roughly) by Google Translator.

  This is the Judicial Yuan's stock response which clearly fails to adequately address nearly all the points and questions I raised in my complaint. It illustrates quite well the nearly 4 years of bureaucratic indifference, run-around and even bias I have faced again and again in Taiwan.


Note: As of sometime last year, the school changed its name to the National Taiwan University of Nursing & Health Sciences.  

Sunday, January 16, 2011

Here We Go Again!

  On Thursday, January 6, I was in the Taipei district court building to find out when I could finish copying the files of my civil lawsuit case. Apparently the staff misunderstood my reason for being there and she proceeded to tell me (in Chinese) "you're judge is gone."
  I thought I might have misunderstood what she said, so I asked the security guard standing nearby if he could help me and ask what the staff meant by the judge was gone. After some discussion, the guard explained that (supposedly) the judge in my case had "retired" four days earlier and so a new judge would be assigned to my case. It was deja vu! Lightning struck twice!
  For the second time in 2-1/2 years, the judge will suddenly be replaced and at the same point in the case as the first time - when the judge was due to make/announce his decision. It's also the second time the judge will replaced after I filed one or more complaints against the judge, including one this time specifically asking that the judge either allow me to testify or be removed and replaced.

  Just a coincidence...2 times?

  Here is a an edited copy of the complaint (written in Chinese by the staff from my explanation of the problems) I filed with the Control Yuan on November 10, 2010:



  I'll post an English translation of this complaint as soon as I can get it, and I'll be posting more documents from this 3-1/2 year saga. You'll see more clearly what kind of experience I've been through having to navigate this nightmare in a foreign language in a foreign country. Case documents, court hearings, more than 95% of everything related to the lawsuit and the administrative appeal have been in Chinese, putting me at a grave and perpetual disadvantage. Mostly I've only managed to get very cursory explanations of the documents and little more than that of the court proceedings, even the few times that an interpreter was present.
  According to the Control Yuan staff, this complaint was sent to the Taipei District Court and normally the Control Yuan will get a response to a complaint within 2 months of the date it was filed.  
  Here is a letter I sent to the judge and the Judicial Yuan in October 2010 before filing the complaint with the Control Yuan:  http://pow3hatan-warrior4justice.blogspot.com/2010/10/documenting-my-numerous-requests-to.html
  I'd like for all the documents I share on this blog to be available with English translations, so if there are any of you reading who can help or you know someone who could help with translations, please send your translation to or contact me at jugger3naut@live.com