Continuing Rigorous Debate and Investigating Favorable Evidence: No Hasty Case Closure Allowed - Court Observation Press Conference for Hsu Tzu-chiang's 9th Remand Retrial

Hsu Tzu-chiang's 9th remand retrial continued to hold court this morning. The Foundation expresses its deep affirmation of the court's use of the technological courtroom to present transcripts one by one for the prosecution and defense to debate individually. The evidence-investigation procedures stipulated in Articles 288, 288-1, and 288-2 of the Code of Criminal Procedure frequently become mere formalities, resorting to package presentations that fail to afford parties sufficient time to debate the probative force of evidence. The current collegial panel has implemented legal provisions to enable defense counsel to carefully explain the background and sequence of various evidence. As evidence is gradually revealed, the truth is becoming increasingly clear. The statements of the two co-defendants, Huang Ch'un-ch'i and Chen I-lung, contradict each other, are riddled with loopholes, cannot withstand rigorous examination, and lack probative force.

If rigorous debate continues and favorable evidence is investigated, the truth of this case will inevitably come to light. However, the defense team has applied for the investigation of various pieces of evidence favorable to Hsu Tzu-chiang—including the appraisal of the mobile phone used in the crime that prosecutors repeatedly questioned previously, the summoning of the police officer responsible for keeping the special investigation team's data, the inspection of the crime scene for extortion and ransom collection, etc., as well as the controversy under Article 159-3 of the Code of Criminal Procedure regarding whether to apply for a constitutional interpretation—all of which require the continued scheduling of trial dates.

In addition to the court session on the afternoon of July 15, the collegial panel has arranged two additional court sessions this afternoon: the afternoon of July 20 and the morning of July 24. The Judicial Reform Foundation calls upon the collegial panel that, in addition to scheduling extra court sessions, it should conduct thorough investigations. Evidence that requires appraisal should be commissioned for appraisal, scenes that require inspection should be inspected, and witnesses that require examination should be summoned and examined; hasty case closure must not be permitted. If the collegial panel at this court instance fails to exhaust all means of investigation, resulting in the judgment being remanded by the Supreme Court once again, it would be as if Hsu Tzu-chiang were plunged into the Infernal Affairs, trapped in an infinite loop within a judicial purgatory.

To express solidarity with Hsu Tzu-chiang, the Judicial Reform Foundation has launched the "I am Hsu Tzu-chiang +1" court observation campaign, calling upon passionate citizens who care about judicial justice to gather in front of the Criminal Court of the Taiwan High Court at 14:00 on July 15, wearing "I am Hsu Tzu-chiang +1" T-shirts together to generate positive momentum for Hsu Tzu-chiang's case and demand through action that the judiciary values the redress of wrongful convictions and tolerates no hasty case closures.

"I am Hsu Tzu-chiang +1" Court Observation Campaign Website: http://hsu2015.jrf.org.tw/

Press Contact

Kao Jung-chih, Attorney-at-Law, Executive Director, Judicial Reform Foundation