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

Reflections After A Life Is Taken IV

  I could hardly have imagined that a place where I worked relatively trouble-free for 4 years - and I had only one more year to finish before going home - and devoted much extra time to, even worked some ridiculous overtime hours for, would turn turn out to have such two-faced, immoral and unscrupulous administrators who would stoop to the lowest to further their own agenda and ambitions with such a dastardly and outrageous fraud - collaborating with a mentally ill student to falsely accuse me of sexual harassment. It was literally the worst nightmare of my childhood rearing its ugly head again in adult life - the horrible bullies of my youth come to life again over 35 years later in mid-life.

  What began as an unsubstantiated, bogus allegation, by a lone, rogue student fairly quickly unveiled itself as a nefarious plot between the student and certain administrators to go way over the top to ensure my contract would not be renewed (as had had already been done) and that I would have extremely little to no chance of challenging the false accusation or the reversal of my contract renewal. Suddenly I went from the safety and certainty of another year's work at the nursing university to a panicked scramble to find a new job within one month (before my alien resident certificate and work permit expired) , and find out what to do to defend myself from the lies and potential damage to my livelihood, reputation and stable financial condition.

  With no family here for the kind of close support and help I needed, I had only some Taiwanese friends to turn to for assistance. My closest friends came through for me with much-needed moral support, encouragement, and some real help I needed in dealing with the many people and government agencies that became involved in this situation. These friends were the ones who did much to help me survive the first several months of this unreal ordeal - the most stressful, traumatic and turbulent times of this nightmare sham.

  Even a few so-called "friends" - colleagues and faculty at the nursing college that I had little professional or personal interaction with during my tenure there - suddenly emerged shortly after the accusation spread around the campus. They also contributed significantly to my early survival and provided some essential, sometimes confidential, information and evidence that buoyed my initial defense. In time, however, I was to see that some of those who came out of nowhere with their help had strong ulterior, self-serving motives that eventually resulted in them suddenly abandoning their assistance once they had achieved their objectives. My case was much more than just a "simple" case of a false accusation and effort to remove the last foreign English teacher at the nursing university by hook or crook. My position in the school was connected to the school's efforts to upgrade from a college to a university and the false allegation against me was coopted by a certain faction of faculty and staff at the school who were hellbent on preventing one of the candidates running for the next president of the school in 2008 from winning - a crony of the then current president and the one of the principal faculty members who illegally spread my name around the campus long before I was officially notified of the false allegation one of her nursing students made against me!

  In my efforts to survive those overwhelmingly negative and frustrating first months of this fight for the truth and and escape from this nightmare, there were two other significant things I did to keep myself from going off the deep end. 

  One was to escape Taiwan three times in the first eight months of this ordeal for short travel to cool down, to maintain some semblance of normalcy, and to refresh my mind and my spirit to continue the titanic struggle which was shaping up to be a protracted David vs Goliath battle.   

  The second came after 9 months of also battling to control the periodic bouts of depression, rage and uncharacteristic thoughts and urges to take matters into my own hands. I began counseling at the Tienmu Community Center - twice a month at first and later once a month - and continued for one year until I eventually took a long leave from Taiwan in early 2009 to work in Thailand.

Reflections After A Life Is Taken III

"Strange isn't it. Each man's life touches so many other lives. When he isn't around he leaves an awful hole, doesn't he?"

Clarence The Angel from the movie It's A Wonderful Life

  Christmas night I finally finished watching one of my all-time favorite and touching movies for the umpteenth time. As I watched and was moved by several of the most poignant lines of this holiday classic, I was reminded of one major reason why I have managed to survive the assassination attempt on my character and livelihood by the administration bullies at the nursing university. Even in the darkest and most stressful hours of this nightmare, I have never forgotten that it truly is a wonderful life and God has given me the greatest gift to live this life...to touch the lives of so many others and to be touched by many others as well.

  I also appreciate and treasure more than words can say that my wonderful, loving parents brought me into this world, they worked hard, sacrificed and poured all their love and care into raising me through childhood into an adult - they made it possible for me to become who I am.  As their flesh and blood, first child, and only son, I know how deeply it would hurt and impact them if I did such an irresponsible thing as take my own life for any reason, let alone over a few very poor excuses for human beings - low-life, no-class trash - who certainly would never be worth taking one's life over.  

  From some grieving parents I've heard sharing the pain of losing a child, I've heard them say "No parent should have to bury their child." I can't imagine putting my mother and father, who brought me into this world, or even my 4 younger sisters through such incomprehensible grief.

  When I first heard of the false sexual harassment accusation against me, from a colleague (in confidence) of all people, my whole world quickly disintegrated into confusion, disbelief, panic, anger, and frustration. Gradually I realized that a small clique of two-faced people in the nursing university's administration had suckered me into their scam by inviting me to join an off-campus activity with 3 students I did not know and one who had been my student just months earlier and was known by her classmates, faculty and staff to have some mental illness. 

  One day the administrators were pouring praises on me and seeking my advice on what to do for the activity, the next day they were ganging up on me (5 on 1) in a dastardly, premeditated attack on my person. One day I was waiting to complete the process to renew my work permit for the next year and planning a trip back home to New Jersey to visit my family, the next I was scrambling for answers to what was going on and how to keep myself in Taiwan at least long enough to get some answers and to decide what to do about the false accusation, my work and my future.

  I have felt the powerful dark forces that can break down an otherwise normal, healthy human being and weaken them to the point of doing things they would not normally do. The seemingly endless days, weeks and months of this nightmare drove me to depths of despair, inner rage and turmoil I had not experienced since the darkest days of my turbulent marriage and divorce almost 20 years earlier.

To be concluded... 

Reflections After A Life Is Taken II

  My student's death was a rude wake up call. For these years of the nursing university nightmare I've been periodically drifting in and out of the huge dark cloud that's hung over my life, battling mild bouts of depression and feeling some of the energy and vitality that used to fuel me just drained away...fighting to keep myself afloat mentally, emotionally and financially. With a suicide happening to someone I knew, my own situation and handling of it have been drawn more sharply into focus recently.

  The first days and weeks after I heard about the false accusation in June 2007 were full of highly charged feelings and wild swings of emotion...mostly negative. Suddenly the positive and stable world I had been living in was shattered and in chaos. My job was rudely and suddenly pulled out from under me at the time when I was supposed to be getting my contract renewal, renewing my work visa for another year, and going home to visit my parents, sisters and friends during the summer break. Instead, in the middle of all the confusion over the false accusation and trying to get answers and protect myself, I had to hurriedly find another job to remain in Taiwan at least long enough to fight through the school's bogus investigation and decision and to figure out what to do next - stay longer and seek justice or move on somewhere else with better preparation. The administrators behind this evil plot planned it well and timed it to give me the least amount of time possible to challenge and uncover their wrongdoing and find another job.   By the time I got official notice of the sexual harassment accusation and request to participate in the sham investigation, I only had 30 days left to the expiration of my contract and alien resident status. It was crystal clear the conspirators were not counting on me surviving in Taiwan past these 30 days.

  It was during this time and continuing the next several months that, in retrospect, I was the most vulnerable to the unstable emotions and mental state I had fallen into. I had plenty of thoughts of things I wanted to do that were very uncharacteristic of me. Fortunately, none of them were about committing suicide but my parents were very concerned about me and were very direct in asking if I were thinking about such a selfish act. They assured me several times how much they loved me and were there for me...and how devastated they and my four younger sisters would be if ever I took my life. I did my best to assuage their fears and show them I was not on the verge of or considering suicide.

To be continued...

Reflections After A Life Is Taken

  It's been a longer than usual break from writing. I try to write at least twice a week, but sometimes daily life or swings in my mood prevent me from keeping that pace. This time, it was something shocking and completely unexpected and it's effect on me the past couple of weeks.

  Exactly 2 weeks ago I found out one of my private students, who was part of group of 4 colleagues learning English, had committed suicide the week before. He was only 38, married, and had a 2-year old son. It seemed his career was very good, he was well-liked and respected by his colleagues, and I had a good impression of him from our classes. Nothing I knew about him or saw indicated he was a troubled or potentially suicidal person.

  The news of his sudden death and that he had committed suicide weighed heavily on my mind all that day and for much of the entire week. Not just about his death, but I also did a lot of deeper reflection on my own life these past 3+ years. What I have been through emotionally and psychologically from the start of this unimaginable nightmare up to the present, and how I have managed to survive the trauma, stress, and even periodic depression that have impacted me. What could have been so difficult or stressful for my former student that would have caused him to end his life when it seemed he had everything else going for him?

To be continued...

How Long Will I Have to Wait?

  This morning I asked for an update from my lawyer on the meeting with the nursing university lawyer and the accuser. As I expected, he said so far the accuser is "unwilling to do anything about this case." He's still trying to arrange a meeting though. 

  Clearly I've been the only one making any effort to find a reasonable compromise to put the civil lawsuit to bed. The judge really sabotaged the chances of reaching an amicable settlement by announcing his intended decision against me before suggesting a compromise. Apparently, his intention was to force me into a corner where it would appear I had no chance to win, and I'd be willing to surrender my right to appeal and my chances of winning the administrative appeal in exchange for a "no decision." 

  In fact, I believe there's much more behind this scheme than meets the eye...and it is more to try and protect the nursing university and possibly the accuser from controversy and negative portrayal in the news media once the decision is official.

  Although I'm gradually turning down the intensity and magnitude of my efforts, I am well-prepared for appealing an unfavorable and unjustified decision by the judge. While waiting for further news about the letter from the accuser, I've also already filed a complaint with the appropriate authority in Taiwan against the court and the judge for violating my rights among other things.

October 28 Court Hearing: I Survive A Little Longer

   After an opening statement by my lawyer and some more whining, complaining and objections by the nursing college attorney to start the hearing, it looked like we were headed toward closing the case and a decision against me by the judge. From the little bit I could understand, my attorney explained no settlement had been reached and I still maintained my right to testify in court with my evidence before the judge makes any decision.

  One thing I haven't pointed out yet is that all these hearings of the past 2 years have been conducted in Chinese, so much of what goes on in court I don't understand. There was an interpreter again this time, but she does not do simultaneous translation. By the time there is a pause for her to translate for me after often several minutes of discussion, she is reduced to just giving me some of the main points, leaving out potentially a lot of pertinent information. Prior to June of this year, nearly all the previous hearings were without any interpreter and I was forced to rely on an occasional translation from my lawyer during the hearings and/or his synopsis of the proceedings after the hearings. To try and fill in missing information I've had to request the court transcripts and ask friends to translate them to me. 
   Back to last Thursday's hearing, after the opening arguments, I pulled out what may have been my final hand and suggested to the judge that we get the accuser herself involved and let her write a document saying there was a "cultural misunderstanding" and admitting that I did not sexually harass her. This would be much more meaningful to my administrative appeal and I would be more agreeable to this kind of settlement in exchange for dropping my lawsuit.
   The judge liked this idea, but of course the nursing college (recently changed to the "university of health and nursing careers") lawyer tried to argue against it. First he whined that he didn't see any proposal from me since the previous hearing (probably because my lawyer was too busy quibbling with me about the conditions I requested) and now it was too late. Second, he said that the accuser probably was not in any "mood" for agreeing to this because recently someone or some people had written on her blog (in Chinese) blaming her for falsely accusing me. According to the nursing university lawyer, this had upset and angered her so much that she wouldn't possibly agree to my proposal.

  After another 15 or so minutes of bickering with the judge and my lawyer by the nursing college attorney, it was finally agreed that both lawyers will try to set up a meeting with the accuser to talk to her about this new settlement proposal. Meanwhile, I have to write a "friendly" letter to her saying this was an unfortunate happening between us and we should try to settle this amicably.

Note: As of sometime this year, the school changed its name to the National Taiwan University of Nursing & Health Sciences (國立臺北護理健康大學). 

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.

Unbudging Nursing College, Questionable Legal Representation

  My lawyer gave an explanation of my very poor situation and his recommendations one more time on Oct. 26:

Mr. Diggs,

  You have to make a choice between the following 2 options: to settle with the opposite parties or ask the judge to make the decision on Thursday's hearing.
  Regarding your speculation "if the nursing college decides that...," there is no such possibility. As I told you many times, the NTCN's basic strategy is to deter its decision or your appeal of sexual harassment investigation. If there is no final decision about the civil law case, no decision of your appeal would be made.
  Reaching a settlement is more admissible for you because it will resume the appeal process in NTCN and might create some advantageous conditions for the administrative law case. My speculation of the administrative law case is: the administrative court will procedurally reject your claims and kick the case back to NTCN. The NTCN teacher's appealing committee will not do any decision until there is a final decision about the civil law case. If you settle, the above committee will resume your appeal process soon (but might still not be in your favor). If you do not settle, the above appeal will keep suspending.
  If the "cultural misunderstanding" wording is included in the settlement, even if the above committee decides against you, you could use this in the following administrative remedies, which might earn you favorable decisions about the sexual harassment investigation.
  You should bear in mind, the judge or I do not owe you any obligation to produce a settlement or even a proposal of your offer to you. Of course I'll give you suggestions as I always did, but it's still your responsibility to work it out. So far, you still stick on a proposal turned down by the opposite parties in the latest hearing. This is not helpful at all in reaching a settlement. Not to mention that the opposite parties have no obligation to accept your proposal beyond there capacity. As I reminded you for several times, they need not to accept your offer because they know it very clear from the judge that they are going to win.
  Regarding your "letter to the judge," I will not translate it until you give up your intention to settlement. Besides, if you want to ask the judge to subpeona other witnesses, you have to introduce people other than you and at the same time persuade the necessity of such subpeona with the judge. Furthermore, I suggest that the judge would be very sorry to hear your arguments. Although I do not know how much time the judge let (the defendant) spoke, I remember that you was given much time to speak and consider the settlement in the latest hearing. In fact the latest hearing lasted for almost an hour, which is not common.
  The Thursday hearing will be 09:40 in courtroom no. 29. See you then!

regards,

Attorney Tu

I Offer Another Option to Create a Real Settlement

  I tried again to come up with a viable solution to reach a settlement with the nursing college. Here is a portion of my email to my lawyer on Oct. 23:

Attny Tu,

  Thank you for your further explanation. I understand.
  How long after I receive the judge's official verdict in writing do I have to file the appeal?
  I have one further idea. If there is no settlement and this first instance is over with the judge's decision, the admin high court and NTCN teachers committee appeals can proceed. If before I file the appeal the admin high court and/or NTCN teachers committee decide I did not commit sexual harassment and my record is cleared, then there is no need for me to file the appeal with the civil court. Since the judge now is not ruling on sexual harassment,that will still allow the admin high court and teachers committee to evaluate this part on the basis that the defendant's claim she was touched was a "cultural misunderstanding."
  It is not my wish to continue litigation, so this is another option to bring this 3+ year battle to a close.
  Since it is evident by your earlier comments and in your latest email that the point of the witness' testimony was so damaging to my case, I will file the requisite complaint with the Judicial Yuan and the LAF (Legal Aid Foundation) about this matter since I was not informed of this important detail by my previous attorney among other things. I have gone through all my records & correspondence with her to confirm this matter and nowhere did she inform me of the legal dimensions and risk of asking the judge to require the witness to testify.

Lawyer's October 23 Response

  You'll see here the all-too-typical robotic, dispassionate thinking of many lawyers in Taiwan. When he says "You know that the judicial decision is not always about 'justice.' Evidence rules," what he really means is that whichever party the judge is biased toward (or bought off by), their evidence rules, even when the credibility or accuracy of it is questionable and the other party has substantial evidence to the contrary.
  My lawyer also failed to mention that judicial decisions in Taiwan based on "evidence rules" also include only allowing the favored party to testify in court, silencing the other party so that the balance of evidence is seriously skewed (and flawed) so that it appears to outside observers that the judge has made a sound decision. Such is my situation with this judge.

Mr. Diggs,

  It is your own responsibility to decide whether or not to settle. The judge does not have the authority to force you to compromise. However, he does have the authority to rebut all of your claims, even you feel it unjust.
  Accordingly, my obligation is to analyze your legal position and suggest you the best strategies. Given the judge's clear intention, it's definitely better for you to settle than wait for the disfavorable verdict. Besides, since you do not have any bargaining power at all in this case, you should be realistic and not to expect the opposite party will admit they were "wrong" officially. Frankly speaking, if you can get any of their compromise, even a little, you should feel lucky.
You know that the judicial decision is not always about "justice." Evidence rules.When a witness asked to subpeona by a plaintiff or her/ his lawyer testified against her/ him, the plaintiff is in a very disfavorable situation. The judicial system in Taiwan is not perfect. But I do not think any other courts in a constitutional state would have a different rule.
  I respect your endeavor so far. Since you decide not to settle, I've applied an interpreter for you to protect your right to suit. See you next Thursday.

Regards,

Attorney Tu

Same Ole Same Ole From The Lawyer

  My lawyer's next reply basically repeated the same line he's been emphasizing since September's hearing. No matter what I point out to him or how I modify my settlement proposals so they will  be more acceptable to the nursing college, the attorney keeps coming back with the same negative response. Here's some of what he wrote me late on Oct. 21:

Mr. Diggs,

  The judge "encourages" you to settle, because he is going to rebut your claims. Reaching a settlement in this case will definitely better than letting the unfriendly judge to make the final decision.  The settlement is the only possible way for you to control your damage.

  The problem in your proposal is you are offering something which for NTCN impossible to promise and has turned down in the last hearing. The outcome is obvious: they would never accept this proposal, given the judge is going to rule against you.
  As I said in the last letter, if you do not accept my advice, you either propose another one or let the judge do the final decision. However, you should be prepared that the judge will close this case in the next hearing.

My reply: 

Attny Tu,

  Thank you for your further information and your concern. However, in the end I know what's best for me and for those close to me, just as you also know what's best for you after you have heard the suggestions of friends, family and advisors.
  I understand your reasoning for advising me to accept a settlement, but until now you and the judge have not done a good job of convincing me what real benefits it has for me under the current non-conditions. I have not seen anything in writing from the nursing college or the judge, so it is impossible for me to agree to anything at this point. Since the nursing college has not sent any proposal to us, I only know what my conditions are and that's where it will have to proceed from here. You send them the conditions I have written and then it's up to them to respond, not for you to answer for them to me before they have answered...unless you have already discussed this with them without my knowledge.
  Also, what the judge and the nursing college are doing is a kind of blackmail = threatening some harm against me, threatening to reveal something negative about me, if I don't agree to this settlement. It is wrong. I have already spoken to the proper authorities about what the judge has done and is trying to do and they have told me how to deal with this if it is not corrected. I am prepared to take appropriate action if this situation does not improve.
  I am the one who most wants to end this nightmare and move on happily in my life, but the nightmare won't end by victimizing me again and casting me into another nightmare with this unreasonable settlement idea. It can only end at this point, and I truly have some lasting peace in my life, if the judge and the nursing college, even you, do the right thing to ensure me the minimum what I deserve is provided in return for me dropping the lawsuit. If none of you can, then I will appeal any wrong decision by the judge as far up the courts as I have to and I will take the appropriate actions to deal with those who have violated my legal and human rights and victimized me further.
   I have already begun the process of preparing this 3-year nightmare for publication so that the world, including Taiwanese, will know what really goes on in Taiwan's judicial system to foreigners. I am just one of many who have suffered from the discrimination, bias, etc of Taiwan's judiciary. There are many more such cases already documented.
  Yes, please apply for the interpreter and I hope he or she will be used enough to make it worthwhile to have one there. I don't need an interpreter just to tell me what everybody else is saying around me while I am silenced.

My October 21 Reply to My Lawyer

Attny Tu,

  Thank you for your detailed explanation. However, I would like to remind you of some things.

  1) I am not trying to convince the nursing college to settle. It was the judge's suggestion for both parties to discuss a settlement and I already stated very clearly that I am totally dissatisfied with the rejection of all my terms proposed at the last hearing, but I agreed to try longer to find a reasonable compromise to end this matter in the court. So far this so-called "settlement" has been nothing more than the rape, looting and pillaging of my side by the nursing college while you and the judge stand by watching. The nursing college will need to convince me of their sincerity and honesty to settle.
  2) The interpreter and you told me during and after the court hearing that the judge said the settlement would include wording saying that this situation arose from a "cultural misunderstanding" and no sexual harassment occurred. This document could then be presented to the admin high court and/or NTCN teachers committee as favorable and influential evidence that could overturn the original incorrect decision and clear my record, including in the MOE. Since then, you have gone back on your earlier statements and have indicated repeatedly that this is not the case. Perhaps there is some misunderstanding between us about what the judge said, but whatever the reason, what you are telling me is that I can't trust the words of any of you and my only chance is to have what I should get in writing.
  3) As I said several times to you before, why should I agree to anything that is not fair or reasonable to my objective for the truth that I am innocent, that does not restore my reputation and does not offer some appropriate measure of justice for the wrongs done to me? I am willing to compromise on the extent of the justice awarded, but I am not willing to compromise on my reputation and the pure and unequivocal fact that I have been falsely accused, that my legal and human rights have been violated innumerable times, and I am innocent. The judge's attempt to cover up the ugly truths of the wrong done to me, to protect his guilty countrymen, and to circumvent my legal and human rights by suggesting this grossly unfair settlement is appalling and disgraceful.
  4) The conditions I wrote for the settlement will remain in the proposal to be sent to the nursing college. It is what I was told in court and the conditions are very reasonable and doable by the nursing college. The conditions do not require the nursing college to make the decision of the admin high court or the teachers committee. It only states that they should write the document in such a way that it is clear that because of the "cultural misunderstanding", there was an error in the previous decision that will allow the high court and/or teachers committee to reverse the original decision. In addition, the settlement should also be signed by the accuser since she is the other party in the "cultural misunderstanding."
  5) If we can't reach a fair and reasonable settlement by Oct. 28, then I am requesting the judge to continue the case so that I can present my compelling evidence to prove my case. You should remember it was the judge who told you to tell me after the Sept. hearing that I need to find and present some stronger evidence if I still hope to win the case. So, why suddenly did he go back on his word and deny me the chance to present my stronger evidence before making a decision? I can't trust any of you to keep your words and follow the law when you tell me one thing one time, then something completely different and unfair the next. How many times did you tell me I would have my chance - next time - to speak and present my evidence in court? Has it happened yet?

Taiwan's Courts: Injustice and Victimizing Foreign Victims Further

  As expected, my lawyer's response to my conditions for the settlement proposal was "no can do"! Both the judge and my lawyer said I should draw up my conditions for a settlement, but everything I have suggested or submitted has been rejected. What utter nonsense! So you can see even more clearly what I've been dealing with these past few weeks in trying to come up with a settlement proposal, here is my lawyer's email to me last night:

Mr. Diggs,

   I understand your determination to fight for your rights. However, I'm afraid your proposal, especially #2, will not persuade the opposite parties to settle at all.
   The most basic thing before making a proposal to settlement is to ask the opposite party to make commitments within its capacity. In terms of asking "NTCN admits its investigation conclusion about your committing sexual harassment and has the teachers' appealing committee to correct relevant decisions", the NTCN does not have such authorization unfortunately. Since the Gender Equality Education Act and the Teacher Act intend to create the gender equality committee and teahcers' appealing committee as independent agencies from the school, they will not allow the school to make such compromise to you.
   Besides, the school representative has clearly turn down your request to provide you any form of official document regarding this sexual harassment thing in the last hearing (as he said, this should be decided by the gender equality committee and beyond the school's authorization). It is predictable that the school will turn down your offer again.
   You almost have nothing to bargain right now, because the judge has told both you andf the opposite parties very clear that your claims will be rebuted given all the evidences presented before him. As I said, if I were the opposite parties' lawyer, I will have no motive to accept any of your offers, because I know I am going to win. In order to control your damage, I suggest your proposal #2 to be revised as "The plaintiff agrees to withdraw this lawsuit" (原告同意撤回本件訴訟) only. If your proposal #1 is agreed, you'll get your reputation back to some degree. Otherwise, you may ask the judge to make the decision. I'll still argue your rights in the coming hearing.
   Finally, I suggest you to hire the interpreter again in the coming hearing. I will apply to the court for you after your confirmation.

Best,
Attorney Tu

 

  Since the settlement idea was first recommended by the judge at the Sept. 27 hearing, I've endured continual strongarming and coercion by the judge and my lawyer to drop my lawsuit in return for the judge not announcing his decision against me - without having ever given me my lawful right to testify in court with the compelling evidence I have to support my case. In essence, the judge and defendants want to cut off my chance to win the case and expose the crimes of the nursing college administrators (who are government employees) and the accuser who started this whole nightmare.

  With the October 28 hearing date fast approaching and my time to make a decision on what to do running out quickly, what should I do?
  

Lawyer's Revised Draft Settlement Proposal

  Received this from my lawyer yesterday:

 

和解建議方案

(Settlement Proposal)

1.   由被告國立臺北護理學院所發動之性騷擾調查事件，係因被告 ---、國立臺北護理學院及蔡秀鸞與原告柯赤子間，因文化差異所生誤會而起。(This unsubstantiated case of sexual harassment, initiated by the National Taipei College of Nursing, originates from a cultural misunderstanding between the defendant, Ms. ---, the National Taipei College of Nursing, and the plaintiff, Mr.)

2.   原告同意撤回本件訴訟。(The plaintiff agrees to withdraw this lawsuit while the defendants agree to ______________) 

   

  He asked me again to state what things I want the defendants to do in return for me withdrawing my lawsuit. This is my addition to the settlement proposal I sent him this morning: 

  The plaintiff agrees to withdraw this lawsuit while the defendants agree to provide the plaintiff with an official document acknowledging the cultural misunderstanding and that the plaintiff did not commit sexual harassment. In addition, the document should state that as a result of this acknowledgment of a cultural misunderstanding, an error was made in NTCN’s decision saying I had committed sexual harassment and that decision has to be corrected by the appropriate school body (Teachers Committee?) which will handle my appeal and my record in the MOE cleared of this matter. Further, NTCN agrees to not contest my appeal to the Administrative High Court.
 
  Now I'm waiting for his response to this draft and once we have agreement on the settlement proposal it can go to the defendants, then wait some some more for their response.

Just Who Is My Lawyer Representing?

  Well, just as I suspected, I'm getting jerked around on this "settlement" being forced on me by the judge and my lawyer. Late last night I got an email from my attorney with an attached draft of our proposal for the settlement. To my astonishment and disbelief, this is what his draft said (in both Chinese and English):

 

和解建議方案

（Settlement Proposal）

一、  本件訴訟係因原告柯赤子與被告 ---間，因文化差異所生誤會而起。(This lawsuit originates from cultural misunderstandings between the Plaintiff, Mr. Curtis W. Diggs, and the Defendant, Ms. ---）

二、   原告同意撤回本件訴訟。

         (The Plaintiff agrees to withdraw this lawsuit).

  Three weeks after the previous court hearing, this is what my lawyer had done!

  Here was my response to his draft proposal:

Attny Tu,

  Thank you for the draft proposal. Is it really just these two short parts?
  More importantly, the draft as written is not according to what the judge said to me through the interpreter, nor is it according to what you told me. My lawsuit did not originate from a cultural misunderstanding between the two parties. The false sexual harassment accusation, the investigation by NTCN and their wrong decision "originated from a cultural misunderstanding." I have modified the draft to correct this.
  As told to me by the judge and you, the settlement is supposed to include information and language that will lead to a favorable decision by the admin high court and/or the NTCN teachers committee to overturn the sexual harassment decision and correct my record in the MOE. Anything less is useless and no reason for me to agree to a settlement, right?

  Here is my revision of his draft proposal:

 

1.   This unsubstantiated case of sexual harassment, initiated by the National Taipei College of Nursing,  originates from a cultural misunderstanding between the defendant, Ms. ---, the National Taipei College of Nursing, and the plaintiff, Mr. Curtis W. Diggs Jr.

2.   The plaintiff agrees to withdraw this lawsuit while the defendants agree to _______________.

  On Oct. 5 I had emailed him with what I thought were very clear and reasonable conditions for a possible settlement. What I got back from him yesterday was absolutely nothing like the proposal I had sent him! Here is my Oct. 5 email:

Attny Tu, 

  Here is my revised proposal for the settlement:

  1a)   In the settlement, the nursing college should acknowledge that I made several attempts before and during the investigation, and for another 5 months after the nursing college GE committee decision, to settle this "cultural misunderstanding" with the nursing college prior to filing the civil lawsuit.

     b)   Most seriously, after the decision, NTCN and the MOE repeatedly and  unreasonably refused to accept my appeal to them - for 5 months prior to my filing a lawsuit.

c)   All these actions prevented a reasonable and amicable early settlement of this "cultural misunderstanding."

    d)   NTCN should further word the settlement so that it is clear there is reasonable  doubt about the accuser's claim she was touched and there is insufficient proof of sexual harassment - NO sexual harassment happened.

2.  The settlement document must be in both Chinese and English and both versions signed by both parties to acknowledge the versions are the same.

  My meaning in item number 3 of the original proposal is that if the nursing college writes into the agreement anything prohibiting me to sue them later in civil, criminal or administrative court I will not agree to such a clause...UNLESS it is reworded to say that "If the administrative high court or NTCN correct the sexual harassment decision and my record in the MOE is officially cleared (with documentation given to me), then I agree not to file any further lawsuits against the accuser, NTCN or the MOE." I hope this makes this point clear and my proposal is now concise enough. 

Note: As of sometime this year, the school changed its name to the National Taiwan University of Nursing & Health Sciences (國立臺北護理健康大學). 
 

Week of October 10 - 17 Posts on Dave's ESL Cafe

  Go here A Cautionary Tale Continues to read some interesting posts this week, including one of mine I hope provides some clarity on the key points of my situation. Some followers have been confused and I understand. Even I'm confused sometimes about what is going on...my head swimming from the overload of issues to deal with and decisions to make!

 

Letter From the Office of President Ma Ying Jeou

  A few days ago I got a reply from the office of Taiwan President Ma Ying-jeou. It was a pleasant surprise to receive a response, but as it turned out it amounts to not much more than the typical bureaucratic response when a government official receives a complaint from an ordinary citizen or resident. Even more disappointing is the lack of courtesy & business letter etiquette by the writer who didn't even sign his or her name. 

  Perhaps it could even be the writer's attempt to evade responsibility as so often happens here. Frequently, when I've spoken to some government official or staffer and asked for their name, they either avoid answering or hurriedly say something like "Ms. Chen" or "Mr. Chang".

  At least, I got a good chuckle out of these two parts of the letter:

"...we are a nation based on democracy and rule of law" and "as such the Office of the President must respect the statutory duties of each government agency." If ever President Ma or his staff had the courtesy or guts - anyone here could "man up" - to actually talk to me I'd like to ask just which divine law is it that prohibits and excludes me from speaking in court and presenting evidence that proves my innocence. The president's office, like almost all government bodies here, talks the talk but fails to walk the walk.

  As I've experienced again and again, rule of law here is a highly subjective, nebulous and elastic concept that is subverted, twisted, and manipulated to suit the tastes and objectives of whoever possesses the authority to implement or enforce the law in question. Human rights, legal rights, conformity to the international covenants signed by Taiwan become secondary to the whims of the government, the judiciary and others with power and/or influence.

  Here is the letter from the Office of President Ma:

Sept. 27 Court Hearing Part V

  So, after listening to the judge, my attorney and the interpreter cajole me and twist my arms  for most of an hour, and suffering repeated refusals of my settlement proposals, I finally told the judge I was still very dissatisfied with this so-called settlement. I tried sincerely to find some reasonable terms to agree to a settlement, but it was an impossible task under the negative conditions I was boxed into by the judge. 

  I told the judge I'd take some time to think over this idea and wanted to see more detail of the settlement from the nursing college before making a decision. He set another hearing for Oct. 28 and instructed me to send my proposals for the settlement to the nursing college through my lawyer and both sides to communicate to try and reach a settlement by Oct. 28.  

 

Sept. 27 Court Hearing Part IV

  During the course of this hour-long hearing, I also asked the nursing college to print apologies in 3 Chinese-language newspapers, compensation for the nursing dept. chairperson damaging my reputation and breaking the law by spreading my name in public very soon after the accuser reported her allegation to the school, and a standard reference letter confirming my 4 years of employment at NTCN.

   "No, no, no" were their answers, with the judge and my attorney adding that the nursing college wasn't obliged to do any of those things since the judge had already revealed his decision in favor of the college. 

  This totally unexpected offer has left me pondering just what scheme is behind this act of "kindness" on the part of the judge or just what are the court and the nursing college trying to hide or head off. Why suddenly has the judge offered me such a (not so) "sweetheart" deal while still denying me my rights to present my evidence and admitting he would deal me a loss if I don't agree to the settlement?

  Almost finished...