Taiwan News: Court Rejects Teacher's Claim of Lost Reputation

  In my blog post of May 1, 2011 (News Flash! Court Decision Leaked to Taiwan's Press With Inaccurate Information), I wrote about the Taiwan media's biased and inaccurate reporting of Alice Yang & the nursing university's false accusation included in stories about the Taipei district court's decision in my lawsuit against them. 
  There were stories in several Chinese-language tabloids and one that I found in the English-language China Post newspaper:

Updated Friday, April 29, 2011 11:49 pm TWN, The China Post news staff

Court rejects teacher's claim of lost reputation

Taipei District Court has rejected the claim filed by a foreign teacher of a university in Taipei for reputation damage. The teacher was fired because of sexual harassment allegation.

The teacher filed a lawsuit against the school for the harassment accusation with a claim totaling over NT$700,000, including one-year salary and NT$100,000 moral damage compensation. In addition, he demanded that the university publish an apology for its layoff decision.

He said that the sexual harassment charge was groundless as the girl who accused him neither screamed nor reported his move to the police.

The decision of his dismissal and disclosure of the grievance case to the teacher grievances committee were not appropriate, he added.

The girl was said to have felt “disturbed and afraid” by the teacher's inappropriate conduct. She first brought up her experience to counselor in the campus. The director of her department later reported the case to the teacher grievances committee, which decided that the teacher had to go.

According to the court ruling released yesterday, several witnesses saw the teacher embrace the female student's waist and whisper in her ear in a school event. The teacher lost his case because the decision of the teacher grievances committee was valid and the school disclosure of the harassment investigation did not break the law.

The teacher can file an appeal against the ruling, said the court. 

(I attempted to post this response to the story on the Taipei Times website, but mysteriously and inexplicably the paper refused to publish it. Another glaring example of how Taiwan’s media + government has increasingly been controlling news and stifling the truth and the public’s right to dispute inaccuracies and fabrications in news stories.)  

  I am the American teacher featured in this poorly written and inaccurate story.

  As one example of your inaccurate information, there were not "several" witnesses who saw me touch anyone. Instead, there were 5 witnesses who saw NOTHING happen and 1 so-called 'witness' who changed the time and place multiple times in a perjurous attempt to help the school and the accuser.

  If you want to get your facts straight and write a real, well-written story, please contact me at jugger3naut@live.com


  You can read more about my thoughts about the China Post story and the false accusation in my May 1, 2011 blog entry. In reviewing the post, I found that almost all the links I included to stories in Taiwan's Chinese-language media were expired. I'll be posting the stories instead of just the links in my next post.

Regaining Access to Earlier Article Links & Documents

  Recently I've started going back over all my postings from the beginning in September 2010 up to the present to look for any expired links to articles or access to documents I've included with the postings. Sure enough, I've found several expired links. So, I'll be updating them and posting the updates here as I finish them.
  Today I searched from September 2010 up through March 2011 and revised access to my "Letter to Acting Judicial Yuan President" in my blog post 3+ Years of Fighting Prejudice, Discrimination & Injustice in Taiwan (Sept. 19, 2010). It is now embedded and visible as part of the blog page.

The Shameless Nature of Taiwan's Judiciary

"The judicial system in Taiwan, in particular the way prosecutors and judges conduct investigations and trials, has long been used as a “shameless” tool for political persecution, of which the best example is the case of imprisoned former president Chen Shui-bian (陳水扁), activists said yesterday."

A-bian's trials show justice as political tool: academics (Taipei Times, May 11, 2013)

  What possible hope could an ordinary expat like myself or Zain Dean have in a Taiwan courtroom when even a former 2-term president of Taiwan can have his human and legal rights trampled on by Taiwan's judiciary to far past the point of indignation? Even worse, that in the years after being convicted  of corruption, Chen Shui-bian's (陳水扁) punishment has gone far beyond the norms of law and civility to the point that his health has seriously deteriorated and he is reported to be both physically and psychologically impaired. 

  According to the assessments of some physicians who have examined Chen, he appears well on his way to death unless he is granted some kind of medical parole or other relief so that he can be given proper medical care. Despite this, president Ma Ying Jeou's government and the judiciary continue to ignore calls from both within and outside Taiwan to respect human rights and human dignity by allowing Chen the opportunity for appropriate medical care to recover.

  According to National Taipei University professor Chen Yao-hsiang (陳耀祥), "The trial against Chen was like a trial against a war criminal, rather than a citizen." His treatment as a war criminal continues almost unabated with only a vocal minority within Taiwan speaking out on his behalf to largely deaf ears - the judiciary, the government, and the public reacting with disdain, indifference and disinterest to their former leader's perilous plight. 

  I can fully understand why Zain Dean fled when it was clear that he was going to spend up to 4 years in a Taiwan jail cell. Seeing how shamelessly and carelessly Chen was being mistreated in prison, I imagine that Dean felt he faced the prospect of even worse conditions as a much-villified foreigner found guilty of killing a Taiwanese. I can't say whether he was guilty or not, but from all I've read of his case so far he was proclaimed "guilty with no chance of innocence" from the time he was arrested. He got about as raw a deal by police, prosecutors and the court as anyone could get in even the worst human rights-abusing countries in the world. 

  I have experienced first-hand much of what former president Chen and Zain Dean faced in their cases in my own 4-year legal battles against my Taiwanese tormentors. Although my case was much less serious than theirs, the way it was manipulated, mishandled and corrupted followed a very similar pattern and MO to Chen and Dean's. As my case unfolded, I realized that if I had been accused of something more serious than just touching my accuser's waist, I likely would have been subjected to even worse mistreatment and abuses of my legal and human rights. 

  Chen Shui-bian's case notwithstanding, ordinary Taiwanese have little to no chance in Taiwan's courts of protection or justice. Foreigners in Taiwan have even less.

Taiwan's Judiciary: Corrupt & Selectively Cruel & Inhumane

  Some of you may be thinking that Zain Dean and I are just a couple of exceptions to what Taiwan's government likes to trumpet as a fair, impartial and just legal system. Nothing could be further from the truth of what really goes on in the island's legal sphere. Increasingly, egregious violations of defendants' legal and human rights are reported in Taiwan's media without any repercussions for those involved and without any tangible action by the government to rectify the situation.
  In a Feb. 21, 2013, Taipei Times editorial squarely aimed at both the judiciary and Taiwan president Ma Ying Jeou, the paper calls to task the government's lip service to "democratic values" and "protection of human rights." In a particularly pointed assessment of Ma's true regard for human rights, the editorial states:

 "Ma’s lack of humanity and respect for his predecessor has led some to wonder whether he truly keeps the meaning of “human rights” close to his heart and grasps the meaning embodied in the contents of the two international human rights covenants he has signed."

  You can read the full editorial here: The abuse of Chen's human rights 

  In fact, the only exceptions we may be are that we are two of very few expats (or Taiwanese) who dare to speak out publicly about the legal and human rights violations we have suffered at the hands of the island's nefarious judiciary. The extensive and long-running abuses that have plagued prosecutor's offices, the courts, and the police are regularly reported in Taiwan's news media and on some Taiwan and international websites.    
  However, little to nothing of any significance has been done by the government to remedy the myriad problems of corruption, cronyism, impartiality, ineptitude and ..... Equally shocking is that the public in Taiwan has largely remained passive for decades in demanding the necessary changes that would would protect them.
  Taiwan needs a lot more of this kind of voice, a Taipei Times reader who recently shared her dissatisfaction and disgust about Taiwan's lack of judicial integrity and it's shameful handling of former president Chen Shui-bian's corruption trials and corresponding inhumane and ill treatment he has suffered in jail for many years:

Tue, Mar 05, 2013  

[LETTER]

A-bian’s trials a disgrace

One of the hottest political topics surrounding the news media in Taiwan nowadays is whether former president Chen Shui-bian (陳水扁) should be given medical parole from prison on the grounds of his failing health.

The fervor has been accentuated by a short video recently released by a member of the Control Yuan. In the video, we see a man walking with difficulty, handicapped, stuttering and with other debilitated motor skills.

We cannot believe this was once a two-term president of Taiwan, who was willing to say and do things that pissed off a former president of the US, and won himself notoriety as a troublemaker and other expletives unfit to be published.

The irony about Chen Shui-bian’s legal battle is that it would have been thrown out of court and ended long ago when Chen was still healthy had it occured in the US.

Of all the dirty maneuverings, either covert or overt, conducted by members of the Supreme Prosecutors’ Office Special Investigation Division throughout the trials concerning Chen and the subsequent charges of corruption and graft, none is as nefarious as coaching some of the key witnesses to perjure themselves to secure a conviction.

During one of the trial proceedings, President Ma Ying-jeou (馬英九) overtly sought to influence the judges in charge by telling them that rendering a verdict in favor of Chen would conflict with the public’s expectations.

This shocking and unabashed disfranchising of judicial integrity in Taiwan has totally eroded the people’s confidence in its judicial system.

A rotten to the core judicial infrastructure, which can be manipulated at will, undoubtedly alarmed the British man [Zain Dean] who recently ruffled legal feathers in Taiwan by escaping the clutches of the judiciary by illegal means.

Such is the disgraceful state of the judicial system in Taiwan and there is not much hope of Chen being granted medical parole when the president himself, a graduate of Harvard Law School, takes the lead in making law and order a travesty.

Yang Chunhui
Utah

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