I Really Wish I Could Choose My Own Judge!

If we could choose our own judges, I don't think Liu Bing-lang (劉秉郎), Chuang Lin-xun (莊林勳), and I would have been tortured by this ordeal for so long. From the day of our arrest on August 15, 1991, a full twelve years have passed.

We heard that starting September 1st this year, parties in civil divisions of certain courts will be able to choose their own judges. Hearing this makes us so envious. Having gone through the first instance, second instance, two retrials, and a rehearing, and encountering so many different judges along the way, we know just how important it is to run into a good judge.

I had nothing to do with the tragic murder of Mr. and Mrs. Wu Ming-han (吳銘漢) in Hsichih, so I have no fear of judicial judgment; what I fear is running into careless, unjust judges who rule against their conscience. For example, during the first investigative hearing of the second retrial before the retrial proceedings, we requested the court to investigate evidence on the spot. The judge replied, "I'm sorry, I haven't read the case file yet. I will read it when I go back, and we will schedule another investigative hearing." Just like that, the next session we attended was already the debate hearing, followed by sentencing. One investigative hearing where the judge hadn't even read the case file, plus one debate hearing—combined, the two added up to less than two hours—and we were sentenced to death.

In contrast, during this retrial, the three presiding judges were extremely diligent. They held a total of thirty-one investigative hearings and three days of debate hearings, averaging about five hours per session, with the longest one running from 9:00 a.m. to 10:30 p.m. Adding up the total court time from the first instance all the way to the second retrial previously, it still didn't equal the duration of just the two investigative hearings in this retrial.

Furthermore, right at the beginning, the retrial judges told us, "We will conscientiously investigate all evidence, both favorable and unfavorable to you. If we find evidence of your guilt, we will definitely sentence you to death." This stern yet fair attitude gave us a lot more confidence in the retrial. As it turned out, the judges really did investigate the favorable and unfavorable evidence in great detail. Through cross-examination, lawyers and prosecutors were also able to thoroughly question witnesses and expert witnesses, laying all the evidence completely bare in the courtroom.

In fact, before the verdict of this retrial was announced, Ping-lang, Lin-hsun, and I had already said: "With the retrial judges presiding so conscientiously, even if we are sentenced to guilty, we will not appeal." Because if such conscientious cross-examination and detailed investigation still cannot clear our names, what expectations could we possibly have of the judicial system?

In the end, I just want to say that what I didn't do, I didn't do; no matter how much they investigate, there will be no evidence showing I committed this crime. But "if you are determined to condemn someone, you can always trump up a charge." The only evidence against us consisted of interrogation records obtained through police torture. However, different judges have different determinations; the previous judges decided we did it and thus directly sentenced us to death based on the confessions. The retrial judges, however, not only took note of the confessions but also investigated other evidence to corroborate their truthfulness, ultimately acquitting us when no evidence could be found. I don't know if this signifies progress in the judiciary, but how long is a person's life? I truly hope my life wasn't sacrificed in vain by judicial procedures. Over these past twelve years, I am truly grateful for everyone's concern and support. It is precisely because of the support of my family and the general public that I have been able to keep holding on. Frankly, being remanded for retrial after being acquitted this time is frustrating, but I will continue to fight for my innocence.

Lately, many people I run into on the street ask me: "How can this be? One moment it's the death penalty, the next it's acquittal, and now it's been remanded for retrial?" I really want to answer: "Please don't ask me why this is happening; you should ask the judiciary. As for the issues after the remand, all I can say is that I truly hope to encounter conscientious, fair, and objective good judges once again to clear my name once more."

※ Published in: China Times