Court Observation Recruitment | The Ch'iu Sung-ch'eng Case: The Stabbing Case with No Knife Involved | Fourth Retrial Investigation Hearing

When Will the Endless Days of Wrongful Imprisonment End?

Prior to this hearing, the Taiwan High Court Kaohsiung Branch Court had already dismissed Ch'iu Sung-ch'eng's motion for a retrial for the third time. Fortunately, through the efforts of the pro bono defense counsel team, all three dismissal rulings were revoked and remanded by the Supreme Court. This marks the fourth retrial investigation hearing for the Ch'iu Sung-ch'eng case at the Kaohsiung Branch Court. Will the Kaohsiung Branch Court finally answer Ch'iu Sung-ch'eng's plea this time?

When Can the Door to a Retrial Open?

On the afternoon of May 9, 2024, the fourth retrial investigation hearing for the Ch'iu Sung-ch'eng case was held at the Kaohsiung Branch Court.

Due to the remand instructions of the Supreme Court, which explicitly pointed out that the Kaohsiung Branch Court had failed to thoroughly examine the appraisal reports submitted by Professor Li Chün-i and Police Officer Lan Chin-lung, and had not re-examined the surveillance footage from the time of the incident using the technical methods mentioned in the appraisal reports regarding the numerous doubts raised by the pro bono defense counsel team (Supreme Court Criminal Ruling 112-Tai-Kang-1401), the judge in this investigation hearing invited the pro bono defense counsel team and the prosecutor to express their opinions on whether and how the footage should be re-examined.

"Since we are going to examine the footage, we hope to do it right the first time and understand the actual situation that occurred in the clearest way possible," the judge stated.

The Taiwan Association for Judicial Reform (JRF) and the pro bono defense counsel team have consistently maintained that it was impossible for Ch'iu Sung-ch'eng to conceal a weapon in his clothing on that day, that what Ch'iu Sung-ch'eng was holding was a mobile phone rather than a knife, that the stains on Ch'iu Sung-ch'eng's clothing were not bloodstains, and that Ch'iu Sung-ch'eng did not stab and kill Mr. Cheng with a knife. If the court is willing to re-examine the footage using new technical methods, we believe there will certainly be a major breakthrough in this case (for the disputed points of this case, please refer to https://www.jrf.org.tw/keywords/105).

When Will the Day of Freedom Return?

In the courtroom, although we were separated from Ch'iu Sung-ch'eng by a waist-high railing, being in the same space as the defendant made us truly realize that, were it not for his wrongful imprisonment, there would not be so many differences between us and Ch'iu Sung-ch'eng—no shackles bound to our hands and feet, no wrongful conviction unjustly imposed upon our heads, and no forced loss of time to spend with our loved ones.

Ch'iu's father and mother sat in the seating area to the rear left. Throughout the one-hour investigation hearing, Sung-ch'eng could not have any conversation with them, could not express their mutual longing, and could not tell them in person how well he was doing. That weekend was Mother's Day; separated by just the distance of a railing, Sung-ch'eng could not say a single "Happy Mother's Day" to his mother in person.

Before the hearing, Ch'iu Sung-ch'eng wrote a letter expressing his hope that if anyone came to observe the court session, they could send some positive energy his way. Sitting on the High Speed Rail after the hearing, reliving Director Chang Tso-chi's film *A Sweet Life*, I suddenly could understand how day-after-day in prison wears down a person's willpower, doing much the same things in the same space day in and day out, living a black-and-white life like this for something one never did.

Opening a retrial is a narrow gate; yet for Ch'iu Sung-ch'eng, it is a ray of light slanting through the crack of the door into his dark cell, a light of hope and freedom. Although he has been turned away from the door time and time again, he still relies on his strong willpower to challenge and pry open the door to a retrial for the fourth time, placing his hopes here and looking forward to becoming a free man once again.

The next court date is scheduled for June 6 at 2:00 PM, at the 6th Courtroom of the Taiwan High Court Kaohsiung Branch Court.
On the path of wrongful conviction rescue, your and my shared concern is needed. We invite you to attend the court observation together and care about this case.

Online Registration

Date

Thursday, June 6, 2024

Time

2:00 PM

Location

6th Courtroom, Taiwan High Court Kaohsiung Branch Court (2F, No. 586, Mingsheng 3rd Rd., Gushan Dist., Kaohsiung City)

Remarks

After the hearing, a JRF full-time staff member will respond to questions from attending members of the public regarding this case.
Overview of Controversies in the Ch'iu Sung-ch'eng Case

Contact

Legal Specialist: Chang Hua-che
04-2329-2372 #13
ven@jrf.org.tw