Taiwan's Judiciary: A Shock To The System

"From the beginning, it was always my intention to allow the legal process to take its course, with the aim of getting a fair and impartial trial, based on the principles of ROC law and correct legal procedure. In essence, I put my faith in the system and trusted that the truth would come out.
However, after almost three years of going through Taiwan’s court system, I was shocked and dismayed by the extreme bias with which I was treated, to the degree that I was denied the chance to defend myself fairly."

A Message From Zain Dean (February 1, 2013)

  This second paragraph of Dean's lengthy message, which appeared on Taiwanese.com, Forumosa and other Taiwan websites following news in January of his daring escape from Taiwan, echoes exactly my own naive reasons and beliefs that compelled me to take on the false accusations perpetrated against me by Alice Yang and the National Taipei University of Nursing & Health Sciences (國立臺北護理健康大學). 

  And just like Dean, as the agonizing weeks and months stretched into years, I saw the unabashed truth and horror that is Taiwan's shameful judiciary. Victimized and bullied by a corrupt and sociopathic clique of administrators and their cronies, and hamstrung almost completely by an inept, unprofessional and biased court, I suffered through a 4-year lesson in the harsh realities of (un)due process and the Rule of Men that dominate all facets of the legal processes on the island. 

  Reading his message and the accounts of his first trial, first appeal and final appeal brings back bitter memories of my own frustrations, shocks and dismay brought on by repeated violations of both international and Taiwan's own laws and legal procedures as well as of my human rights. Like Dean, I foolishly put my faith in the government's propaganda that Taiwan is a nation adhering to international standards of law, that Taiwan's laws protect the innocent and victims of wrongdoing, and that Taiwan respects the human rights of all. I trusted that the system would allow the truth and justice to prevail.

  From the sham handling of the nursing university's internal "investigation" and decision to the (mis)handling of my subsequent lawsuit against both Yang and the school, as I pursued my fight for the truth and justice it became more and more apparent that the ranks at all levels of my case had closed and it was an "us vs him" uphill battle that was stacked very heavily against me from the beginning - just as it has been against Zain Dean. 

  All too often in Taiwan's judiciary, the truth is twisted, manipulated or suppressed, and justice is stolen by the very people entrusted and empowered to uphold and use the law for the good of all deserving of its protections.
  Click on A Message From Zain Dean for the full text plus comments from readers.   

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

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

   

Gradually Getting It Back Together

   I've been here in Saudi Arabia for just over three weeks now and I've been adjusting well to the very hot temperature, dusty environment, and isolation of the small city in the southwest of the country where I now call home. A couple days ago I had my first experience with a sandstorm. Luckily it wasn't too serious, but it still left plenty of sand lying around everywhere outside as well as a thin layer inside of my apartment that covered sections of the furniture, LCD TV, the floor and more.

  I'm getting my court documents, emails, news articles, and more together gradually in preparation for continuing where I left off telling the tale of my experience fighting the fraud, prejudice and injustice of the National Taipei University of Nursing and Health Sciences and Taiwan's courts and government. I'm still looking for some much-needed help to translate some key court & lawsuit documents into English so everyone can see in greater detail how this farce unfolded, twisted and turned to its ignominious end. This is not only the story of what happened to me, but also the story of what has happened to many other expats - and even Taiwanese - on a tiny island lying in the shadows of it's great neighbor China, where the law, legal and human rights are routinely ignored and trampled on by those holding the power and influence to abuse and oppress anyone they so choose.

Movin' On Up and Ahead

  Yes, it's been almost 3 months since my last post. I hadn't intended to be on the quiet this long, but at the time of my previous post I was in the midst of hunting for a new job. The job hunt increasingly took up more of my time with searching, applying, and interviewing at first. After accepting a job offer in April to teach in the far reaches of southwestern Saudi Arabia, it was time to focus on packing and preparations for the long move across the globe. I finally reached my destination of Jizan, Saudi Arabia, just two weeks ago and have been getting settled into the new job, new environment and accommodations. It's my first venture out of the comfort and familiarity of Asia where I had spent most of the past 20 years working and traveling.
  I'll be resuming writing and posting many more documents and emails detailing the deception, prejudice and legal and human rights abuses of the nursing university, Taiwan's courts, as well as several Taiwan government officials.

Digging Deep to Pull Myself Out of A Hole

  Tonight I opened up my own web domain (my first) and started a new blog dedicated to trying to erase the mountain of debt that accumulated throughout most of my 4-year-long battle for human rights and justice in Taiwan. Not only am I seeking donations to help me get squarely back on my feet so I can take proper care of my innocent two young sons who have also suffered from this nightmare, but I am also going to give something back to as many as I can for their kind assistance...and pay it forward too.

  You can find my new blog at Giving Up a Life's Worth of Music, Movies and More For My Kids' Future 

Time For Renewal and Coming Back to Life

  It’s been quite a while since my last post but I’m still here and still going to be sharing more of the nightmare of Taiwan’s injustices against foreigners.

From time-to-time throughout this long-running saga, I’ve needed to take a break from writing and posting materials to handle things going on in the rest of my life and/or to give myself a necessary psychological and emotional rest from recalling the many unpleasant and stressful events of this story.  

  During this current hiatus from blogging, the most significant thing I did was to travel back to Taipei in December for a week to see the newest joy in my life – my second son who I hadn’t seen for 8 months since I moved to Indonesia. The impact of Alice Yang and the nursing university’s evil fraud has been far-reaching - even blackening what should have been a much happier event when my son was born last January. Instead, unnecessary complications between my son’s mother and I have kept us apart, and for financial reasons I had to find work outside of Taiwan last year in order to stop the financial bleeding I endured for years in Taiwan. To make more progress in cutting down the mountain of debt I’ve accumulated in the past 4 years fighting the evil and injustice in Taipei, I’ve had to sacrifice being with my young son and seeing him grow up most of the first year of his life.

  The precious time in December with my younger son and reflecting on my role so far in his and my first son’s lives have brought me to some important realizations and inspired me to re-evaluate what I’ve accomplished since they were born and what I must do from here on. The nursing university fiasco and subsequent events the past 4 years have cast me far out of the stable, positive direction my life had been tracking prior. Seeing the innocent joy and existence of my one-year-old son, playing with him, and imagining all that lies ahead for him and my 11-year-old boy inspired me to some crucial, and in some ways difficult, decisions to try and pull myself out of this 4-year-long funk and get back to who I once was and what I know I can be as a good, loving father to my sons.