Field Implementation of Rule of Law Education - Online Simulated Jury Trial is in Session!
Last edited: 2026-10-24
Judicial Reform Foundation
Dear friends,
As the Judicial Reform Foundation advocates for public participation in trials along the path of judicial reform, we have also long promoted legal education. We continuously collaborate with teachers across Taiwan to hold lectures and bring mock trial courtrooms into classrooms.
Courtroom scripts are edited by lawyers, with students playing the roles of judges, jurors, prosecutors, lawyers, defendants, and witnesses. Through this process, students acting as jurors discuss their respective arguments, persuade and debate one another, and open up a pathway to pondering Taiwan's judicial issues.
This issue of our e-newsletter adapts "The Mystery of Drug Trafficking at the KTV"—one of the scripts used in campus mock trials—into an online version. Let's see how a judge directs the proceedings, how the prosecution and defense clash, and how you, acting as a juror, would make your judgment! Share it with us when you finish!
Since 2015, the JRF has regularly visited classrooms to conduct "Campus Mock Jury Trial" lesson plan simulations. The students we visit include those in junior high schools, senior high schools, and colleges/universities. We deeply believe that situational teaching methods leave a deeper impression on students and enhance their learning.
The cumulative total of annual execution sessions has also grown from over 20 sessions at the very beginning to double that amount this year (2017). As of now this year, we have accumulated 34 sessions, with a total of 1,405 students having participated in the "Campus Mock Jury Trial" lesson plans, and many more sessions are scheduled to be executed before the end of the year. Excluding winter and summer breaks, this averages out to maintaining at least one classroom visit per week to lead the "Campus Mock Jury Trial" lesson plan.
The JRF will continue to dedicate itself to promoting the "Campus Mock Jury Trial" lesson plan, editing scripts with more diverse and rich themes, and producing teaching kits. We look forward to having more passionate lawyers interested in promoting legal education and mock trials join the ranks of our lecturers in the future, striving to travel all across Taiwan so that such excellent lesson plans have the opportunity to blossom everywhere!
Online Mock Jury Trial
"The Mystery of Drug Trafficking at the KTV" Script / Attorney Lai Ying-chen
What Happened?
The defendant, Ch'en Chieh-te, along with Lin Yüan-p'ing, Yo Hsin-ying, and Wu Wen-chen, are all third-year college students. On July 8, 2015, the four of them arranged to sing at a KTV to celebrate Yo Hsin-ying's birthday. During the gathering, Wu Wen-chen left early for a reason, leaving Ch'en Chieh-te, Lin Yüan-p'ing, and Yo Hsin-ying behind. When the police entered the KTV private room for an inspection and questioning, the three of them were consuming ketamine. In addition to seizing on the spot a ziplock bag containing 15 grams of ketamine and a ketamine tray, the police also searched and found 80,000 NTD in cash on Ch'en Chieh-te.
Ch'en Chieh-te, Lin Yüan-p'ing, and Yo Hsin-ying were all penalized in accordance with the provisions of Article 11-1, Paragraph 2 of the Narcotics Hazard Prevention Act for possessing or using category 3 narcotics without justifiable cause, receiving a fine between 10,000 NTD and 50,000 NTD, and were required to attend a narcotics hazard seminar lasting between four and eight hours. In addition, the prosecutor indicted Ch'en Chieh-te on the charge of "trafficking category 3 narcotics"...
Who Is Involved?
Presiding Judge
Guides the conduct of trial proceedings and explains to the jury the laws that may apply to the case.
Prosecutor
Accuses Ch'en Chieh-te of suspected ketamine trafficking.
Defense Counsel
Defense counsel for the defendant Ch'en Chieh-te.
Defendant: Ch'en Chieh-te
Third-year student at Huashan University, working part-time as a host at a hostess/host club. Claims the ketamine in this case was provided by Lin Yüan-p'ing. Has a crush on Yo Hsin-ying.
Witness: Wang Ta-wei
Police officer from the Zhongshan Precinct, Taipei City Police Department. Officer in charge of this case.
Witness: Lin Yüan-p'ing
Third-year student at Huashan University. Testified that the ketamine consumed on the day of the incident was purchased from Ch'en Chieh-te. Has a crush on Yo Hsin-ying.
Witness: Yo Hsin-ying
Third-year student at Huashan University. Testified that the ketamine consumed on the day of the incident was purchased from Ch'en Chieh-te.
Witness: Wu Wen-chen
Third-year student at Huashan University. Left early on the day of the incident and did not participate in or witness the process of the other three consuming drugs. Has a crush on Ch'en Chieh-te.
Court is in Session!
"The Mystery of Drug Trafficking at the KTV"
Hello, jurors.
You have been selected to try this case...
Please listen carefully to the pre-trial instructions.
※ The screen cannot go back to the previous page; online jurors, please read carefully
#1Pre-Trial Instructions
As jurors, your job is to find the facts as you determine them based on the evidence presented as a whole. However, you may only determine the facts of this case based on the evidence presented to you in the courtroom.
You must not gather or investigate evidence on your own, you must not search for information on the internet, and you must not ask for anyone else's opinion.
#2Pre-Trial Instructions
You also must not use your own thoughts to decide what the law is or what it should be, and you cannot hear about information regarding the facts or law of this case from other sources.
Before asking you to deliberate, I will tell you which laws may apply to this case, and you must connect the facts with the legal provisions.
#3Pre-Trial Instructions
It is important to note that when the trial begins shortly, the indictment content you will hear is not evidence.
Also, during the trial, what the prosecutor, defense lawyer, and I myself say to you are not evidence either. You cannot consider or base your determination of the facts of this case on them.
#4Pre-Trial Instructions
I would like to remind jurors that before reviewing all the evidence, listening to the arguments of both sides, and having the judge explain the laws that may apply to this case, you must not form any final decision in advance about this case. You must keep an open mind to judge whether the evidence is believable, and not be influenced by public opinion or other people.
Similarly, any emotions you may have toward "individuals" in the case, such as sympathy or aversion, cannot become the basis or reason for your decision.
#5Pre-Trial Instructions
In addition, the judge cannot participate at all in determining whether the defendant is guilty. Therefore, if anything the judge has said or any action the judge has taken makes you feel that the judge personally seems inclined to determine the defendant guilty or not guilty, please be sure to ignore those matters.
Because determining whether the defendant is guilty is the exclusive job of you, the jurors, you should make your independent decision free from any interference.
Next, I will briefly explain today's trial proceedings...
#6Trial Proceedings
First, the prosecutor and defense counsel will take turns giving "opening statements." The prosecutor and lawyer will each present two different versions of the facts and explain what evidence will be presented in court.
I must remind you once again that the statements of the prosecutor and the lawyer are not evidence; they are merely opinions provided to help you understand the situation. Therefore, you must not treat their statements as a consideration or basis during deliberation.
#7Pre-Trial Instructions
Next, witnesses will be summoned into court in order, testify after taking an oath, and undergo examination and cross-examination by both the prosecution and defense. During the process, other documents or physical evidence will also be presented and discussed one by one.
#8Pre-Trial Instructions
After all the evidence has been examined, the prosecutor and the lawyer will deliver closing arguments.
They will tell you their respective positions and point out the evidence you should pay attention to from their standpoint, while also suggesting what kind of verdict you should render.
#9Pre-Trial Instructions
Finally, before asking you to deliberate, I will review and summarize the evidence and contents presented throughout the trial proceedings, and explain the laws that may apply to this case.
However, you only need to remain faithful to your own memory and understanding of the evidence, and do not need to rely on my summary or the arguments of both sides.
#10Pre-Trial Instructions
The defendant in this case is accused of committing the "crime of trafficking category 3 narcotics." The defendant requests a verdict of not guilty. And pursuant to legal regulations, you must first presume the defendant is innocent until the defendant is proven guilty. This is what is known as the principle of the presumption of innocence.
#11Pre-Trial Instructions
In order to overturn the presumption of innocence enjoyed by the defendant, the prosecutor, representing the state in accusation, bears the burden of proof. They must fully prove that the defendant indeed committed the crimes accused of, beyond any reasonable doubt.
#12Pre-Trial Instructions
The presumption of innocence also means that: the defendant is not required to testify for themselves, present evidence, or prove anything. At the same time, the defendant has the right to remain silent throughout the proceedings.
Therefore, jurors must not render a verdict unfavorable to the defendant simply because the defendant chooses to remain silent or refuses to testify.
#13Pre-Trial Instructions
Next, I will explain "beyond a reasonable doubt" to you. Proof beyond a reasonable doubt is the most fundamental component of the principle of the presumption of innocence.
A reasonable doubt refers to a doubt based on reason and common sense. Such a doubt may be based on evidence showing that the defendant might be innocent, or it may result from a lack of sufficient evidence to prove the defendant is guilty.
#14Pre-Trial Instructions
If, after carefully evaluating all the evidence, you are unable to determine with certainty that the defendant indeed committed the crime of trafficking category 3 narcotics, this means the prosecutor has not fulfilled their burden of proof. Please note that merely proving the defendant might possibly be guilty does not constitute proof beyond a reasonable doubt. In such cases, you should render a verdict of not guilty.
Conversely, if, after carefully evaluating all the evidence, you can determine without any doubt that the defendant committed the crime of trafficking category 3 narcotics, you should render a verdict of guilty.
#15Pre-Trial Instructions
Are you ready?
Now, we will begin today's trial proceedings.
First, we invite the prosecutor to give their opening statement.
#16Prosecutor's Opening Statement
Hello ladies and gentlemen. On July 8, the defendant Ch'en Chieh-te and his classmates Lin Yüan-p'ing, Yo Hsin-ying, and Wu Wen-chen went to a KTV together to sing and celebrate Yo Hsin-ying's birthday. During the gathering, Wu Wen-chen left early for a reason. Shortly after, Ch'en Chieh-te took out a bag of ketamine and sold it to Yo Hsin-ying and Lin Yüan-p'ing at a price of 1,000 NTD per gram.
Therefore, Ch'en Chieh-te had 2,000 NTD from the proceeds of ketamine sales on his person, along with the 78,000 NTD in paper bills he originally had, totaling 8,000 NTD. In this case, only Ch'en Chieh-te was found with such a large amount of cash, while the other two only had two or three hundred NTD. Clearly, among these three, only Ch'en Chieh-te is suspected of drug trafficking.
#17Prosecutor's Opening Statement
Moreover, there are two human witnesses in this case. In addition to the defendant, the other two people present at the scene that day both testified that the ketamine consumed that day was purchased from Ch'en Chieh-te. Therefore, Ch'en Chieh-te's involvement in drug trafficking is very clear.
In addition, according to the LINE chat history between Ch'en Chieh-te and Yo Hsin-ying before the incident, Ch'en Chieh-te clearly stated that he was going to give Yo Hsin-ying a gift that day, and that this gift would make Yo Hsin-ying "very high."
#18Prosecutor's Opening Statement
This gift that makes people very high refers to ketamine. Furthermore, the drugs, packaging bags, and ketamine tray seized at the scene are also circumstantial evidence supporting Ch'en Chieh-te's drug trafficking. All such evidence is sufficient to prove the crime of Ch'en Chieh-te trafficking ketamine quite clearly.
According to our country's Narcotics Hazard Prevention Act, Ch'en Chieh-te has committed the "crime of trafficking category 3 narcotics." Please jurors, after listening to the relevant testimonies and reviewing the relevant evidence, determine the defendant guilty in accordance with the law.
#19Defense Counsel's Statement of Defense Summary
Please have the defense counsel state the summary of the defense.
Jurors, what the prosecutor described is the version of the story he believes, but it is not the truth.
Let me explain the situation on the day of the incident to you. That day was Yo Hsin-ying's birthday, and my client Ch'en Chieh-te, along with Lin Yüan-p'ing and Wu Wen-chen, were going to help Yo Hsin-ying celebrate at the KTV, and it was agreed that my client Ch'en Chieh-te would be responsible for treating everyone, which is why Ch'en Chieh-te was carrying a large amount of cash. Meanwhile, the police only found two or three hundred NTD on the others, which actually corroborates that they truly had no intention of paying the bill that day.
#20Defense Counsel's Statement of Defense Summary
In addition, when the police broke into the KTV private room, that bag of ketamine and the ketamine tray were placed on the table. According to the Bureau of Investigation's fingerprint testing report on the ziplock bag and ketamine tray, besides my client's fingerprints, Lin Yüan-p'ing's fingerprints were also on them.
In other words, objective evidence shows that both Ch'en Chieh-te and Lin Yüan-p'ing had touched this bag of ketamine and ketamine tray. Naturally, the possibility that this bag of ketamine and ketamine tray belonged to Lin Yüan-p'ing should not be ruled out either.
#21Defense Counsel's Statement of Defense Summary
There is a conflict of interest between Lin Yüan-p'ing and my client Ch'en Chieh-te. Both of them admire Yo Hsin-ying, but Yo Hsin-ying likes Lin Yüan-p'ing more and dislikes my client.
In other words, Lin Yüan-p'ing and my client are in a competitive relationship emotionally. Therefore, one should not rely solely on Lin Yüan-p'ing's one-sided word and Yo Hsin-ying's protective statements to conclude that my client trafficked drugs.
#22Defense Counsel's Statement of Defense Summary
Jurors, the verdict of a criminal case may deprive a person of their most important life and freedom, and determinations must be very rigorous, not relying merely on guesswork or inference.
The prosecutor must bear the burden of proof, presenting evidence beyond a reasonable doubt so that any ordinary person would believe that the defendant indeed committed the crimes accused of by the prosecutor. And only when no reasonable doubt exists can the defendant be found guilty.
#23Defense Counsel's Statement of Defense Summary
However, aside from the accusations against the defendant by witnesses Lin Yüan-p'ing and Yo Hsin-ying, the prosecutor in this case has not presented other definitive evidence to prove that this bag of ketamine belonged to the defendant, let alone proved that my client ever trafficked ketamine to Lin Yüan-p'ing and Yo Hsin-ying.
Therefore, "reasonable doubt" still remains regarding the prosecutor's accusation. Pursuant to legal regulations, a verdict of not guilty should be rendered.
#24Evidence Investigation │ Wang Ta-wei
Next, we will begin the evidence investigation.
We ask the prosecution to summon the first witness, Wang Ta-wei, to the stand.
#25Evidence Investigation │ Wang Ta-wei
Please state your name, residence, and occupation.
My name is Wang Ta-wei, and I live at No. 5, Jhongshan S. Rd., Jhongjheng Dist., Taipei City. I am a police officer with the Jhongshan Precinct, Taipei City Police Department.
#26Evidence Investigation │ Wang Ta-wei
Do you swear that your testimony is the complete truth, and that if you lie, you are willing to accept punishment for perjury?
I solemnly swear that my testimony is the truth, and if there is any falsehood, I am willing to accept punishment for perjury.
Prosecutor, please proceed with the direct examination.
#27Evidence Investigation │ Wang Ta-wei
Witness, could you please explain your relationship to this case?
I am the investigating officer in charge of handling the case involving the defendant, Ch'en Chieh-te, for drug trafficking.
#28Evidence Investigation │ Wang Ta-wei
Could you give us a complete explanation of the entire process, from when you discovered this case until the investigation was concluded?
Certainly. At around 10:00 p.m. on July 8, I was conducting a routine inspection at Jin-kuei KTV, and I hadn't seen anything suspicious along the way. As soon as I entered VIP Room 503, I felt something was off. The defendant, Ch'en Chieh-te, along with Lin Yuan-p'ing and Yüeh Hsin-ying, were all half-lying on the sofa. They didn't react much when the police walked in; it was obvious their wits were not entirely clear.
I saw a zipper bag containing white powder on the table, with some white powder left around it, and I knew right away that they were consuming ketamine. I brought them back to the police station for a urine test, and sure enough, all three tested positive for ketamine. Therefore, in accordance with Article 11-1, Paragraph 2 of the Narcotics Hazard Prevention Act—possessing or using Category 3 narcotics without justifiable cause—I fined each of them NT$15,000.
#29Evidence Investigation │ Wang Ta-wei
Please direct the jury's attention to the photos displayed on the projection screen. Witness, are the zipper bag containing white powder and the ketamine tray these items shown in the photos?
Yes.
#30Evidence Investigation │ Wang Ta-wei
I would like to ask the jury to look at the photo projected on the screen again. Witness, is this document on the projection screen the urine test result report for these three individuals?
That is correct.
※ Click image to enlarge
#31Evidence Investigation │ Wang Ta-wei
Since all three of these individuals were using drugs, why did you determine that it was the defendant, Ch'en Chieh-te, who was selling the drugs?
It is like this: on that day, in addition to the ketamine and the tray, we also found NT$80,000 in cash on Ch'en Chieh-te. However, on Lin Yuan-p'ing and Yüeh Hsin-ying, we only found a few hundred dollars on each of them.
#32Evidence Investigation │ Wang Ta-wei
Witness, are the NT$80,000 in cash that you found on Ch'en Chieh-te the ones shown in the photo on the projection screen? Please also take a look at the evidence photo, jury.
Yes, because it was extremely strange for Ch'en Chieh-te to be carrying NT$80,000 on him. For a college student like him, why would he carry so much cash on his person? Meanwhile, the other two people, who were also out singing, only had two or three hundred dollars on them, which also defied common sense. Therefore, at the time, I strongly suspected that Ch'en Chieh-te might have been selling drugs to Lin Yuan-p'ing and Yüeh Hsin-ying. Consequently, with the defendant's consent to a search, we discovered on Ch'en Chieh-te's mobile phone that, a few hours before they were arrested, Ch'en Chieh-te had sent a message to Yüeh Hsin-ying via LINE.
#33Evidence Investigation │ Wang Ta-wei
Alright, please view the evidence on the projection screen, jury. Witness, did you see in Ch'en Chieh-te's LINE messages phrases like "I have a gift for you today" and "It'll definitely get you really high!", is that correct?
Right, and anyone with half a brain knows: besides ketamine, what other gift could make someone "really high"? Comparing this with the large amount of cash Ch'en Chieh-te was carrying, it is clear that this money must include proceeds from drug trafficking.
※ Click image to enlarge
#34Evidence Investigation │ Wang Ta-wei
However, Ch'en Chieh-te's message only mentioned giving a "gift that gets you really high" to Yüeh Hsin-ying, and didn't explicitly say he was going to traffic drugs, did it?
That is indeed true, which is why I didn't dare directly presume at first that Ch'en Chieh-te was trafficking drugs, until I asked Lin Yuan-p'ing and Yüeh Hsin-ying who provided the ketamine they were consuming at the time. Only then did both of them chime in unanimously, saying that Ch'en Chieh-te sold it to them for NT$1,000 per gram. Furthermore, the price, quantity, and transaction process stated by these two individuals were very consistent, so the truthfulness of their testimony can be confirmed. Ch'en Chieh-te's act of trafficking ketamine was completely certain, so we transferred him to the prosecutor and indicted him on the charge of trafficking Category 3 narcotics.
Thank you, witness. I have no further questions.
#35Evidence Investigation │ Wang Ta-wei
Defense counsel, please proceed with the cross-examination.
Witness, you must have sent that zipper bag and the ketamine tray for fingerprint analysis, right?
Yes.
#36Evidence Investigation │ Wang Ta-wei
Please look at the projection screen, jury. Witness, is the result of the fingerprint analysis this document on the projection screen? Could you explain what the result was for us?
The result of the fingerprint analysis is that both Ch'en Chieh-te's and Lin Yuan-p'ing's fingerprints were found on the zipper bag and the ketamine tray at the same time.
※ Click image to enlarge
#37Evidence Investigation │ Wang Ta-wei
The fact that both Ch'en Chieh-te's and Lin Yuan-p'ing's fingerprints were on the zipper bag and the ketamine tray means that both of them had touched this packet of ketamine and this tray, is that correct?
You could say that.
#38Evidence Investigation │ Wang Ta-wei
Since Lin Yuan-p'ing's fingerprints were also on it, why didn't you suspect that Lin Yuan-p'ing was the person who possessed this packet of ketamine? Or suspect that Lin Yuan-p'ing might also be implicated in trafficking ketamine?
Because all three of them were consuming ketamine, it is completely logical for whoever touched the zipper bag or the tray to have done so. Therefore, it is also completely normal for Lin Yuan-p'ing's fingerprints to appear on the zipper bag and the tray.
#39Evidence Investigation │ Wang Ta-wei
But you cannot rule out the possibility that this packet of ketamine might also belong to Lin Yuan-p'ing based on this, can you?
If we look purely at objective evidence, indeed, there is no way to rule out that possibility. However, Lin Yuan-p'ing and Yüeh Hsin-ying both identified Ch'en Chieh-te as the one who sold the drugs to them, and Ch'en Chieh-te even mentioned in a LINE message that there would be a gift that gets you really high. The fact that Ch'en Chieh-te trafficked ketamine is already very clear; there is no reason to suspect Lin Yuan-p'ing instead.
#40Evidence Investigation │ Wang Ta-wei
When you entered the VIP room that day, did you see Ch'en Chieh-te in the act of trafficking ketamine?
No.
#41Evidence Investigation │ Wang Ta-wei
Then, aside from Lin Yuan-p'ing and Yüeh Hsin-ying, did anyone else see it?
Neither did they. I asked the waiter responsible for that VIP room, and he said that at the time he went in, he happened not to see anyone consuming drugs, let alone any trafficking process. Therefore, aside from Lin Yuan-p'ing and Yüeh Hsin-ying, there were indeed no other eyewitnesses that day.
I have no further questions.
Prosecutor, please proceed with the redirect examination.
#42Evidence Investigation │ Wang Ta-wei
Witness, please explain to us again: on what evidence did you base your belief that the defendant, Ch'en Chieh-te, was suspected of trafficking Category 3 narcotics?
Alright. First, the defendant Ch'en Chieh-te's LINE message mentioned sending Yüeh Hsin-ying a "gift that will get you really high," and this gift obviously refers to ketamine.
Second, Ch'en Chieh-te was carrying an unreasonably large amount of cash on him, whereas Lin Yuan-p'ing and Yüeh Hsin-ying only had two or three hundred dollars each. Therefore, only Ch'en Chieh-te could be the person who sold the drugs, because only he had the proceeds from drug sales. Lin Yuan-p'ing and Yüeh Hsin-ying had no drug sale proceeds, so they could not possibly have engaged in trafficking.
Third, both Lin Yuan-p'ing and Yüeh Hsin-ying stated that Ch'en Chieh-te sold the drugs to them. Synthesizing these three pieces of evidence—direct evidence from witness testimony, as well as circumstantial evidence such as the large amount of cash and the LINE messages—I believe Ch'en Chieh-te trafficked ketamine.
#43Evidence Investigation │ Wang Ta-wei
Among the evidence you just mentioned, why didn't it include the fingerprint analysis?
The fingerprint analysis did identify Lin Yuan-p'ing's fingerprints; of course, you could also suspect Lin Yuan-p'ing of being involved in trafficking. However, since Lin Yuan-p'ing used drugs, touching the packaging bag is also completely normal. Moreover, we simultaneously identified the defendant Ch'en Chieh-te's fingerprints as well. Combined with the three pieces of evidence just mentioned, this is sufficient to prove that the defendant trafficked drugs.
I have no further questions.
#44Evidence Investigation │ Wang Ta-wei
Defense counsel, please proceed with the re-cross-examination.
Witness, did Ch'en Chieh-te mention anything about trafficking ketamine in his LINE messages?
He only said he was going to give Yüeh Hsin-ying a "gift that gets you really high," and did not mention anything about trafficking.
#45Evidence Investigation｜Wang Ta-wei
You mentioned that the defendant was carrying a large amount of cash, which led you to believe the defendant was engaged in drug trafficking. Can you point out which specific banknotes out of the defendant's 80,000 NT dollars were proceeds from selling ketamine to Lin Yuan-p'ing and Yueh Hsin-ying?
How is that possible? That's asking the impossible!
#45-1Evidence Investigation｜Wang Ta-wei
So you also cannot directly conclude that the defendant was engaged in drug trafficking based solely on the cash the defendant was carrying, is that correct?
Indeed, I cannot on its own, which is why I also took into account the testimony of Lin Yuan-p'ing and Yueh Hsin-ying.
#46Evidence Investigation｜Wang Ta-wei
Are you saying that without the testimony of Lin Yuan-p'ing and Yueh Hsin-ying, it would be impossible to directly determine whether the defendant engaged in drug trafficking based solely on the cash and LINE messages found on the defendant, Ch'en Chieh-te? Is that correct?
Based on my years of experience investigating criminal cases, I believe the probability of Lin Yuan-p'ing and Yueh Hsin-ying lying is very low. Furthermore, Ch'en Chieh-te runs with a complicated crowd, so the drugs must have been provided by him!
#47Evidence Investigation｜Wang Ta-wei
Even if your deduction is reasonable, you still lack direct evidence, right?
The witness's testimony is direct evidence. Besides, we also have the 80,000 NT dollars, the ketamine tray, the positive drug test results, and the LINE messages serving as circumstantial evidence.
I have no further questions.
#48Evidence Investigation｜Lin Yuan-p'ing
Thank you, witness. You may step down.
Is the next witness also summoned upon the prosecutor's request?
We request to summon witness Lin Yuan-p'ing.
Witness Lin Yuan-p'ing, please take the witness stand.
#49Evidence Investigation｜Lin Yuan-p'ing
Please state your full name, residence, and occupation.
My name is Lin Yuan-p'ing, living at No. 156, Sec. 3, Ch'engte Rd., Taipei City. I am currently a third-year student at "Huashan University."
#49-1Evidence Investigation｜Lin Yuan-p'ing
Do you swear that your testimony is the truth, and that if anything is false, you are willing to be subject to penalties for perjury?
I solemnly swear that my testimony is the truth, and if anything is false, I am willing to be subject to penalties for perjury.
Prosecutor, please proceed with the direct examination.
#50Evidence Investigation｜Lin Yuan-p'ing
Witness, what is your relationship with the defendant Ch'en Chieh-te, as well as with Yueh Hsin-ying and Wu Wen-chen?
The four of us are classmates and pretty close friends.
How did the four of you end up at the KTV on July 8th?
That day was Yueh Hsin-ying's birthday. Ch'en Chieh-te, Wu Wen-chen, and I agreed to help celebrate her birthday, so we invited Yueh Hsin-ying to go singing.
#51Evidence Investigation｜Lin Yuan-p'ing
Could you explain to us what happened from the time you entered the KTV until you were discovered by the police during a routine inspection consuming ketamine?
After we went into the private room that day, everyone started singing, and we ordered a bunch of beer and snacks; the atmosphere was quite nice. After about an hour of singing, Wu Wen-chen suddenly said she had something to take care of and left first, leaving the rest of us to continue singing.
Later, Ch'en Chieh-te suddenly and stealthily took a ziplock bag and a ketamine tray out of his bag, placed them on the table, and mysteriously said, "This stuff makes you super high once you use it, do you guys want to try?" I saw that the ziplock bag contained a white powdery substance, and thinking it must be ketamine, I gave in to curiosity and bought some from Ch'en Chieh-te to try. Yueh Hsin-ying did too. Ch'en Chieh-te also used some himself. Shortly after, the police came for an inspection.
#53Evidence Investigation｜Lin Yuan-p'ing
How much did you pay to buy it from Ch'en Chieh-te? And how much did you buy?
Ch'en Chieh-te said he would sell it to me for 1,000 NT dollars per gram. I didn't have much money on me, so I only bought one gram.
Then do you know how much Yueh Hsin-ying bought?
I saw Yueh Hsin-ying also buy 1,000 NT dollars worth of ketamine from Ch'en Chieh-te.
#54Evidence Investigation｜Lin Yuan-p'ing
How did you and Yueh Hsin-ying pay and complete the delivery?
I handed a 1,000 NT dollar banknote to Ch'en Chieh-te, and Yueh Hsin-ying did too. After we gave him the money, since the song he had queued up started playing, he simply told us how to use it, told us to grab the ketamine and ketamine tray from the table ourselves to consume, and went off to sing. I then took the ketamine and the tray, portioned it out for myself and Yueh Hsin-ying, and we consumed it together.
#55Evidence Investigation｜Lin Yuan-p'ing
You mentioned you portioned it out for yourself and Yueh Hsin-ying, how did you calculate the weight?
Because we were all good friends, Ch'en Chieh-te didn't calculate things so strictly with us. Moreover, he didn't bring a scale and couldn't weigh it, so I'm not entirely sure what the actual amount consumed was.
#56Evidence Investigation｜Lin Yuan-p'ing
Then when did Ch'en Chieh-te use the ketamine?
After I finished portioning it, Ch'en Chieh-te's song was just about over. He took the ketamine and the tray, portioned some out for himself, and consumed it. There wasn't much time difference between the three of us consuming ketamine. After taking it, I felt a bit dizzy, so I leaned against the sofa to rest. Yueh Hsin-ying was about the same; both of us leaned against the sofa, while only Ch'en Chieh-te kept singing and dancing happily by himself. Probably because he had more experience with drug use, he was really enjoying it.
#57Evidence Investigation｜Lin Yuan-p'ing
About how long after did the police arrive?
It seemed like they arrived not long after. Because my head kept spinning and I felt quite unwell after taking the ketamine, I don't know the exact amount of time that passed either. I realized that taking ketamine wasn't fun at all as I had imagined, and I truly regret taking this stuff.
#58Evidence Investigation｜Lin Yuan-p'ing
During the process of paying Ch'en Chieh-te, did you notice anything unusual?
Yes, I saw a thick stack of 1,000 NT dollar banknotes in Ch'en Chieh-te's wallet. I was quite surprised because, as far as I knew, Ch'en Chieh-te's family background wasn't very well off. How did he get so much money? And why would he carry so much cash on him? But because I was afraid of being awkward, I didn't ask further.
I have no other questions.
#59Evidence Investigation｜Lin Yuan-p'ing
Defense counsel, please proceed with the cross-examination.
Do you go singing often?
Because friends often get together for it, I go quite often.
#60Evidence Investigation｜Lin Yuan-p'ing
When you guys arranged to go singing this time, did you agree that everyone would pay their own way? Is that correct?
Yes.
So the money you brought that day, aside from the 1,000 NT dollars to buy ketamine, included over 300 NT dollars in loose change, bringing a total of over 1,300 NT dollars. Is that right?
Yes.
#61Evidence Investigation｜Lin Yuan-p'ing
Can you tell us what the exact amount was?
I remember I indeed brought a little over 1,300 NT dollars on me that day, but I don't remember the exact amount.
So the money you brought that day, aside from the 1,000 NT dollars to buy ketamine, included over 300 NT dollars in loose change, bringing a total of over 1,300 NT dollars. Is that right?
Uh... I didn't think that much at the time.
#62Evidence Investigation｜Lin Yuan-p'ing
Please direct the jury's attention to the projection screen. According to the KTV records for that day, you booked a small private room, the singing time was about an hour and a half, and you ordered some beer and snacks, totaling over 3,000 NT dollars. Split evenly among the four of you, it would come out to about 800-plus NT dollars per person. But after buying the ketamine, you only had 300-plus NT dollars left, which wouldn't even be enough to pay for your share of the singing expenses, isn't that so?
Because I was really curious at the time and desperately wanted to try ketamine, I truly didn't think that much ahead.
#63Evidence Investigation｜Lin Yuan-p'ing
Didn't you just say you go singing pretty often? You should be quite clear on how KTVs charge their fees. How could you not have given it much thought?
Objection! Your Honor, defense counsel has already asked this question many times. This is repetitive questioning.
Objection sustained. Counsel, the witness has already answered your question.
Never mind, I have no further questions.
#64Evidence Investigation | Lin Yuan-p'ing
Prosecutor, please proceed with redirect examination.
What is your relationship with Ch'en Chieh-te?
We are classmates, and we usually hang out together. We're good friends.
#65Evidence Investigation | Lin Yuan-p'ing
Does he have any bad habits usually? For example, smoking or drinking?
Objection! Whether the defendant smokes or drinks has nothing to do with whether he would traffic drugs.
Objection sustained. Prosecutor, please move on to the next question.
#66Evidence Investigation | Lin Yuan-p'ing
Alright. Have you ever borrowed money from Ch'en Chieh-te?
Yes, sometimes when I don't have enough money on me, I'll ask Ch'en Chieh-te to cover for me first, and he won't refuse.
Then this time when you went singing, since you didn't have enough money on you later, did you borrow money from Ch'en Chieh-te to pay?
#67Evidence Investigation | Lin Yuan-p'ing
Objection! Your Honor, the prosecutor is engaging in unlawful leading questioning, intentionally guiding the witness to answer that he could borrow money from Ch'en Chieh-te to pay for the singing expenses, in order to cover up the contradiction in the witness's testimony just now!
Objection sustained. Please have the jury disregard this question and not consider whether the witness could borrow money from the defendant.
#68Evidence Investigation | Lin Yuan-p'ing
Alright. Let me ask you one last question: have you ever been treated to something by Ch'en Chieh-te?
Yes, sometimes he's pretty generous. However, this time he said "business is business, and treating is treating," so we all paid him for the drugs.
I have no further questions.
Defense counsel, please proceed with re-cross examination.
#69Evidence Investigation | Lin Yuan-p'ing
Defense counsel, please proceed with re-cross examination.
May I ask, that day you had a little over 1,300 NTD on you, spent 1,000 NTD on ketamine, and only had 300-plus NTD left. If you didn't have enough money to pay the bill when the time came, how would you have handled it?
I probably would have borrowed from Ch'en Chieh-te first!
#70Evidence Investigation | Lin Yuan-p'ing
Didn't you just say Ch'en Chieh-te's family financial situation isn't very good?
Yes.
Then why would you still borrow money from him?
He can be pretty generous sometimes! And among friends, it's normal to borrow a few hundred NTD from each other sometimes.
#71Evidence Investigation | Lin Yuan-p'ing
You said you spent 1,000 NTD to buy drugs from Ch'en Chieh-te?
Yes.
But going to KTV also costs 800-plus, nearly 1,000 NTD. Based on what you just said, wouldn't you end up asking Ch'en Chieh-te to pay later anyway?
But I would pay him back later!
#72Evidence Investigation | Lin Yuan-p'ing
When you've borrowed money from Ch'en Chieh-te before, have there been times you didn't pay it back?
I paid it back most of the time, sometimes I just dragged it out a bit longer.
Then why would you think he would bicker with you over a mere 1,000 NTD?
I don't know what he would think, but I just don't like owing him favors.
#73Evidence Investigation | Lin Yuan-p'ing
I have no further questions.
Thank you, witness, you may step down.
Is the next witness still being summoned at the request of the prosecutor?
Yes, the prosecutor requests to summon witness Yueh Hsin-ying.
#74Evidence Investigation | Yueh Hsin-ying
Please have witness Yueh Hsin-ying take the witness stand.
Please state your name, residence, and occupation.
My name is Yueh Hsin-ying, residing at No. 26, Section 2, Ch'ung-hsin Road, Sanch'ung City, and I am currently a student at Huashan University.
#75Evidence Investigation | Yueh Hsin-ying
Does the witness swear that the statements made are all true, and that should any statement be untrue, she is willing to be subject to the penalties for perjury?
I solemnly swear that the statements made are all true, and should any statement be untrue, I am willing to be subject to the penalties for perjury.
Prosecutor, please proceed with direct examination.
#76Evidence Investigation | Yueh Hsin-ying
What is your relationship with the defendant Ch'en Chieh-te, as well as Lin Yuan-p'ing and Wu Wen-chen?
We have been classmates from freshman year until now, and we are also very good friends.
Please describe what happened on your birthday when you went singing at the KTV with Ch'en Chieh-te, Lin Yuan-p'ing, and Wu Wen-chen, and how the police later broke in and discovered ketamine.
#77Evidence Investigation | Yueh Hsin-ying
I remember two days before my birthday, Ch'en Chieh-te said he wanted to take me singing to celebrate my birthday. I figured just the two of us wouldn't be lively enough, so I invited Lin Yuan-p'ing and Wu Wen-chen to join us.
On that day, we gathered at the entrance of the KTV. Lin Yuan-p'ing arrived first, then me, and then Ch'en Chieh-te and Wu Wen-chen came together. After we started singing, the atmosphere among everyone was pretty good, but later, for some reason, Wu Wen-chen's expression suddenly turned terrible, and she said she had something to do and had to leave early. After she left, the atmosphere became a bit awkward. Ch'en Chieh-te took out a bag of ketamine and a ketamine tray, saying that smoking this makes you high, and wanted us to try it. Then he portioned it out for us, we smoked it together, and not long after, the police arrived.
#78Evidence Investigation | Yueh Hsin-ying
Did you and Lin Yuan-p'ing give Ch'en Chieh-te money for the ketamine?
Yes, I gave 1,000 NTD to Ch'en Chieh-te, and Lin Yuan-p'ing did too.
Did you see Ch'en Chieh-te carrying a large amount of cash on him?
Yes, I saw that Ch'en Chieh-te's wallet had a lot of money in it, and I was shocked because logically, since we were just going singing, there shouldn't be any need to bring that much money, right?
#79Evidence Investigation | Yueh Hsin-ying
What weight of ketamine did you and Lin Yuan-p'ing consume?
I'm not too sure either. Ch'en Chieh-te portioned it out and handed it to me, and I just smoked it directly, having no idea how much there actually was.
#80Evidence Investigation | Yueh Hsin-ying
This document on the projection screen is the LINE chat record between you and Ch'en Chieh-te before you went to the KTV that day. Is this the content of the conversation between you and Ch'en Chieh-te that day?
Yes, Ch'en Chieh-te sent me a LINE message about two hours before the agreed time.
* Click image to enlarge
#81Evidence Investigation | Yueh Hsin-ying
What did Ch'en Chieh-te mean on LINE when he said "gift" and "will definitely get you high"?
That must mean ketamine! Because he didn't give me any other gifts that day, nor was there anything really high-inducing.
#82Evidence Examination│Yue Hsin-ying
If ketamine is the "gift" he mentioned, then why did you still give him one thousand NT dollars?
Because I didn't want to owe him a favor.
No further questions.
Please proceed with cross-examination, defense counsel.
#83Evidence Examination│Yue Hsin-ying
You just said that Ch'en Chieh-te wanted to celebrate your birthday and invited you to go singing, so Ch'en Chieh-te should be treating, is that correct?
I don't really know about that. The police arrived before we finished singing that day, so I don't know if he was actually going to treat us.
You just said that after Ch'en Chieh-te portioned out the ketamine for you and Lin Yuan-p'ing, he handed it to you both to consume, is that correct?
Yes.
#84Evidence Examination│Yue Hsin-ying
So Lin Yuan-p'ing never touched the ziplock bag containing the ketamine and the K-tray from start to finish, is that correct?
I remember it should be like that, yes.
#85Evidence Examination│Yue Hsin-ying
This fingerprint identification report from the Criminal Investigation Bureau on the projection screen shows that, besides Ch'en Chieh-te's fingerprints, Lin Yuan-p'ing's fingerprints are also on both the ziplock bag and the K-tray. Moreover, when Lin Yuan-p'ing testified, he stated that he helped portion it out for you himself, meaning he has also touched the ziplock bag and the K-tray. Miss Yue, could you please think carefully and recall whether Lin Yuan-p'ing actually helped portion out the ketamine for you that day?
Objection! Your Honor, the witness has already answered this question.
※ Click image to enlarge
#86Evidence Examination│Yue Hsin-ying
Your Honor, this question relates to the course of events on the day of the incident, as well as whether the testimonies of witnesses Lin Yuan-p'ing and Yue Hsin-ying contradict each other and can be deemed credible. Therefore, it is necessary to have the witness confirm this before answering.
Objection overruled! Please have the witness answer the question.
Um... what Lin Yuan-p'ing said is probably more accurate, because I don't remember very clearly either.
#87Evidence Examination│Yue Hsin-ying
Between Ch'en Chieh-te and Lin Yuan-p'ing, you are closer with Lin Yuan-p'ing, is that right?
I wouldn't say that either. Both of them are my good friends.
Since they are both your good friends, why didn't you agree when Ch'en Chieh-te first invited you to go singing?
I... I was afraid it would be awkward with just the two of us. I knew Ch'en Chieh-te wanted to pursue me, but I just don't like him!
#88Evidence Examination│Yue Hsin-ying
So you prefer Lin Yuan-p'ing, is that right?
Objection! Who the witness likes has nothing to do with the criminal facts of this case.
Your Honor, the witness's original testimony conflicted with Lin Yuan-p'ing's testimony, but after being corrected, she changed her statement to say Lin Yuan-p'ing's testimony should prevail. Therefore, whether the witness likes Lin Yuan-p'ing will affect the credibility of her testimony, making it necessary to have her answer this question.
#89Evidence Examination│Yue Hsin-ying
Objection overruled! Please have the witness answer the question.
Ch'en Chieh-te and Lin Yuan-p'ing are both my friends, I don't particularly prefer either one.
I have no further questions.
#90Evidence Examination│Yue Hsin-ying
Please proceed with redirect examination, prosecutor.
You just said that you knew Ch'en Chieh-te wanted to pursue you, but you didn't like him. May I ask if this matter affected your friendship?
No, although I didn't like him, I still considered him a friend, so in the end I asked Lin Yuan-p'ing and Wu Wen-chen to come along to sing, which was precisely to avoid awkwardness while maintaining our friendship.
#91Evidence Examination│Yue Hsin-ying
So you still cherish the friendship between you two?
Of course, after all, we've been in the same class for two years and usually hang out together. Whenever I get into trouble, he is always very enthusiastic in helping me, and I really don't want to lose this friend.
No further questions.
#92Evidence Examination│Yue Hsin-ying
Please proceed with re-cross-examination, defense counsel.
You just said that whenever you get into trouble, Ch'en Chieh-te always helps you, is that right?
Um, that's right.
#93Evidence Examination│Yue Hsin-ying
So you owe Ch'en Chieh-te a lot of favors then?
You could say that.
#94Evidence Examination│Yue Hsin-ying
Since you already owe Ch'en Chieh-te so many favors, how come you suddenly didn't want to owe him a favor, and instead paid the one thousand NT dollars for your ketamine consumption to Ch'en Chieh-te?
I just didn't want to owe him a favor on my birthday! It doesn't make sense that just because he is good to me, I have to accept it, right?
#95Evidence Examination│Yue Hsin-ying
But after you gave Ch'en Chieh-te the one thousand NT dollars for the ketamine, you didn't have money to pay for the singing session, and in the end Ch'en Chieh-te still had to treat you to singing, meaning you would still owe him another favor, isn't that right?
I didn't think that much at the time.
No further questions.
Thank you, witness. You may step down.
#96Evidence Examination│Wu Wen-chen
Does the defense counsel have any witnesses to summon?
Yes, we request to summon witness Wu Wen-chen.
Please have witness Wu Wen-chen take the witness stand.
#97Evidence Examination│Wu Wen-chen
Please state your full name, address, and occupation first.
My name is Wu Wen-chen, I live at No. 248, Section 1, Ankang Road, Hsintien, and I am a student at "Huashan University".
Does the witness swear that the statements made are all true, and should there be any falsehoods, are you willing to be punished for the crime of perjury?
I solemnly swear that the statements made are all true, and should there be any falsehoods, I am willing to be punished for the crime of perjury.
#98Evidence Examination│Wu Wen-chen
Please proceed with direct examination, defense counsel.
Wu, please describe the circumstances of being invited to go singing on Yue Hsin-ying's birthday.
A few days before Yue Hsin-ying's birthday, Ch'en Chieh-te told me that he wanted to treat Yue Hsin-ying to singing on her birthday and take the opportunity to confess his feelings to her. I already knew that Ch'en Chieh-te had liked Yue Hsin-ying for a long time, so I wasn't very surprised when I heard he was going to confess. But the day before her birthday, Yue Hsin-ying suddenly called me and asked me to go singing with them, so I knew Ch'en Chieh-te would probably be rejected. I felt that Ch'en Chieh-te was quite pitiful, and it seemed like I should be by his side at a time like that, which is why I agreed to the invitation.
#99Evidence Examination│Wu Wen-chen
What about the situation on the day of Yue Hsin-ying's birthday?
Before going to the KTV that day, I deliberately met up with Ch'en Chieh-te first because I wanted to warn him to mentally prepare himself, as he might get rejected. But Ch'en Chieh-te simply wouldn't listen. He just kept saying that he was going to confess his feelings that day no matter what, and he felt that Yueh Hsin-ying would definitely say yes, having no inkling at all that he would be rejected. Later at the KTV, Ch'en Chieh-te queued up a bunch of love songs for confessing and sang them to Yueh Hsin-ying. But Yueh Hsin-ying wasn't listening at all and kept horsing around with Lin Yuan-p'ing, completely not taking Ch'en Chieh-te seriously. I couldn't bear to watch any longer, so I left first.
#100Evidence Investigation | Wu Wen-chen
Listening to you say that, you seem very concerned about Ch'en Chieh-te?
Yes, I am very concerned about him. Because I think he's really foolish and silly. Everyone can see that Yueh Hsin-ying likes Lin Yuan-p'ing, not him, but he just keeps foolishly giving of himself. He's happy to be used as a doormat by Yueh Hsin-ying, still thinking he has a chance. He won't listen no matter what is said; it's really exasperating.
#101Evidence Investigation | Wu Wen-chen
In the LINE chat logs between Ch'en Chieh-te and Yueh Hsin-ying, Ch'en Chieh-te mentioned that he wanted to give Yueh Hsin-ying a "high" gift. Based on your judgment, what might this gift have been?
Objection! This asks for the witness's speculation rather than the witness's testimony.
Objection sustained.
#102Evidence Investigation | Wu Wen-chen
Alright, let me change the question. Before going to the KTV that day, you met up with Ch'en Chieh-te first. Did you hear Ch'en Chieh-te mention anything about ketamine?
No. His mind was entirely on Yueh Hsin-ying that day; he kept thinking about how to confess, and didn't mention ketamine at all.
#103Evidence Investigation | Wu Wen-chen
Then have you ever heard Ch'en Chieh-te talk about anything related to ketamine before?
No, neither.
I have no further questions.
#104Evidence Investigation | Wu Wen-chen
Prosecutor, please proceed with cross-examination.
Ms. Wu, listening to this, your relationship with Ch'en Chieh-te is quite good, is that correct?
Yes.
#105Evidence Investigation | Wu Wen-chen
Then are you clear about his financial situation?
I know his family's financial situation isn't very good, and he usually has part-time jobs. He started working as a bar host at a nightclub since last year.
Did you know that he was carrying 80,000 NTD in cash on him on the day of the incident?
I'm not clear about that. He didn't mention anything about money to me that day.
#106Evidence Investigation | Wu Wen-chen
After Ch'en Chieh-te went to work at the nightclub, did his behavior change?
Um... maybe a little bit, more or less!
So Ch'en Chieh-te also picked up the habit of using and selling drugs because of this, is that right?
That's not it! I believe Ch'en Chieh-te would absolutely never do something like that!
#107Evidence Investigation | Wu Wen-chen
You say you believe Ch'en Chieh-te wouldn't use or sell drugs, but in reality, whether he actually uses or sells drugs is something you cannot be certain of, is that right?
That's...
No further questions.
#109Evidence Investigation | Wu Wen-chen
Defense counsel, please proceed with redirect examination.
Did he carry anything that looked like a "gift" with him that day?
He just wore the backpack he usually carries. I didn't see him bring anything else.
#110Evidence Investigation | Wu Wen-chen
Prosecutor, please proceed with recross-examination.
Ms. Wu, you just answered that your relationship with Ch'en Chieh-te is quite good, and also said that Ch'en Chieh-te would definitely not pick up the habit of using or selling drugs, is that correct?
Yes.
#111Evidence Investigation | Wu Wen-chen
Then did you know that he later used drugs inside the KTV that day?
I found out later.
Alright, no further questions.
Thank you, witness. You may be excused. Is the next witness still one requested to be summoned by the defense counsel?
#112Evidence Investigation | Ch'en Chieh-te
Yes, we request to summon the defendant Ch'en Chieh-te to testify.
Defendant Ch'en Chieh-te, please take the witness stand.
Please state your full name, address, and occupation first.
#113Evidence Investigation | Ch'en Chieh-te
My name is Ch'en Chieh-te, living at 6th Floor, No. 3, Lane 90, Sungchiang Road, Taipei City. I am currently a student at "Huashan University".
In accordance with the Code of Criminal Procedure, a defendant may remain silent. This means you do not have to appear in court to testify. However, if you do testify, you must take an oath. Are you clear about your rights?
I am clear.
#114Evidence Investigation | Ch'en Chieh-te
Do you wish to remain silent, or are you willing to testify?
I am willing to testify.
Does the witness swear that the statements are all true, and if there is any falsehood, be willing to be punished for the crime of perjury?
I solemnly swear that the statements are all true, and if there is any falsehood, I am willing to be punished for the crime of perjury.
#115Evidence Investigation | Ch'en Chieh-te
Mr. Ch'en Chieh-te, could you please explain what your original plan was on July 8th, which was Yueh Hsin-ying's birthday, and how things proceeded that day?
I have liked Yueh Hsin-ying for a long time, so I had planned long ago to confess my feelings to her on her birthday and give her a surprise. A few days before Yueh Hsin-ying's birthday, I asked her out for karaoke. At first she didn't agree, until the day before her birthday when Wu Wen-chen called to tell me that she would be going too, and that was when I found out that Yueh Hsin-ying had also invited Lin Yuan-p'ing and Wu Wen-chen. Anyway, the four of us are friends to begin with, so it didn't matter if those two came along; as long as Yueh Hsin-ying was willing to keep the appointment, I was very happy.
#116Evidence Investigation | Ch'en Chieh-te
What happened when you guys were singing karaoke that day?
While we were singing, I queued up a few confession songs to sing, but Yueh Hsin-ying completely ignored me. Originally I thought, even if my confession was rejected, as long as I could continue to be friends with her, I would let it go—at least I would be true to myself. But later, things became increasingly strange. I saw Lin Yuan-p'ing and Yueh Hsin-ying horsing around the whole time, and when Lin Yuan-p'ing hugged Yueh Hsin-ying tightly, she didn't resist either. The moment I saw that, I truly felt deeply hurt.
Later Lin Yuan-p'ing took out a bag of ketamine and a ketamine tray, saying he wanted to treat everyone, and then he and Yueh Hsin-ying started using it. Although I work at a nightclub, I don't touch these things at all normally. It's just that I was too upset that day and didn't want to care about anything anymore, so I took some to use as well. I know I shouldn't have touched this stuff, I was wrong, but I really didn't sell drugs!
#117Evidence Investigation | Ch'en Chieh-te
You mean that bag of ketamine belonged to Lin Yuan-p'ing?
Yes, it was Lin Yuan-p'ing's.
Then did you pay Lin Yuan-p'ing money for the ketamine?
No. He just placed it on the table, saying he wanted to treat everyone. Seeing that both he and Yueh Hsin-ying looked dazed after using it, I grabbed some and used it myself.
#118Evidence Investigation | Ch'en Chieh-te
The police found 80,000 NTD in cash on you that day. Can you explain the source and purpose of this money?
Because I work part-time at a lounge, my main income comes from tips given by customers. I'm too lazy to keep going to the bank to deposit them, so I always carry these tips on me, and they just happened to add up to this amount.
When you said you were going to treat them to karaoke, did you mean that besides Yüeh Hsin-ying, you were also going to treat Lin Yüan-p'ing and Wu Wen-chen?
Of course! How could I possibly treat only Yüeh Hsin-ying and not the others? Wouldn't that be very strange?
#119Evidence Investigation │ Ch'en Chieh-te
Then what did you mean when you told Yüeh Hsin-ying on LINE that you had a gift for her and that you would definitely make her "high"?
It meant that I was going to confess my feelings to her.
Why would you think that Yüeh Hsin-ying would feel "high" about your confession?
Although we were just friends, I always felt that our relationship seemed a bit closer than ordinary friends, so I thought she might like me too. If I confessed to her, she probably would have been very happy.
#120Evidence Investigation │ Ch'en Chieh-te
No further questions.
Please proceed with cross-examination, Prosecutor.
When you first asked Yüeh Hsin-ying out that day, she didn't agree immediately, did she?
Correct.
#121Evidence Investigation │ Ch'en Chieh-te
When you were singing karaoke that day, you queued up a confession song to sing to Yüeh Hsin-ying, but she ignored you, didn't she?
That's right.
So in reality, your confession to her not only didn't make her "high," but instead caused her distress, didn't it?
Yes...
#122Evidence Investigation │ Ch'en Chieh-te
Then why did you think at first that Yüeh Hsin-ying would feel "high" about your confession? And isn't it very strange to use "high" to describe a confession?
I... I don't know either, maybe I was just wishful thinking... But I really originally thought the situation that day would be high!
You just said that the ketamine was brought out by Lin Yüan-p'ing. Did anyone at the scene see this happen?
Only Yüeh Hsin-ying saw it.
#123Evidence Investigation │ Ch'en Chieh-te
Then why did Yüeh Hsin-ying say that the ketamine was yours?
I don't know why she would say that, but I'm really not lying!
You said you saw Lin Yüan-p'ing hugging Yüeh Hsin-ying and you felt very sad. Was it because you found out that Yüeh Hsin-ying likes Lin Yüan-p'ing, which is why you felt sad?
Yes.
#124Evidence Investigation │ Ch'en Chieh-te
Then weren't you jealous of Lin Yüan-p'ing, and therefore wanted to frame him, which is why you said the ketamine and the rolling tray belonged to Lin Yüan-p'ing?
Objection. The defendant's personal subjective emotions toward Lin Yüan-p'ing are irrelevant to the facts of this case.
Whether the defendant was jealous of Lin Yüan-p'ing affects the credibility of his testimony, so it is necessary to ask the defendant to answer this question.
Objection overruled. Please have the defendant answer the question.
#125Evidence Investigation │ Ch'en Chieh-te
Seeing the two of them being so intimate, of course I was jealous of Lin Yüan-p'ing, but everything I said is true, I didn't mean to frame Lin Yüan-p'ing.
You said the 80,000 NT dollars you carried on you were tips earned from work. Then why did you carry it on you instead of depositing it in the bank?
Banks close at 3:30. I have to catch up on sleep during the day and also go to class, I could never make it in time.
I have no further questions.
#126Evidence Investigation │ Ch'en Chieh-te
Please proceed with redirect examination, Defense Counsel.
You like Yüeh Hsin-ying, right?
Yeah.
#127Evidence Investigation │ Ch'en Chieh-te
If the drugs weren't brought by you, that means Yüeh Hsin-ying made a false accusation against you, is that right?
Yes.
Would you still continue to like Yüeh Hsin-ying after this?
I don't blame her. If it were me, I probably would have protected the person I like too.
#128Evidence Investigation │ Ch'en Chieh-te
I have no further questions.
Please proceed with re-cross-examination, Prosecutor.
You keep saying you like Yüeh Hsin-ying, then what do you like about her?
She is very considerate, very kind, and a very sensible person.
#130Evidence Investigation │ Ch'en Chieh-te
But if she committed perjury today, you might be framed by her and spend a long time locked up in prison. Are you implying that she is such a considerate and kind person?
That's not what I mean. Although I won't blame her, she shouldn't lie to protect Lin Yüan-p'ing.
I have no further questions.
All right, thank you, Defendant, you may be excused.
#131Oral Argument
The evidence investigation of this case is concluded. We will now proceed with oral arguments. Prosecutor, please deliver your closing statement.
The prosecution would first like to point out that, although there were four people singing in the KTV private room that day—namely defendant Ch'en Chieh-te, Lin Yüan-p'ing, Yüeh Hsin-ying, and Wu Wen-chen—because Wu Wen-chen left early, she did not witness the process of how this packet of ketamine and rolling tray appeared. And when police officer Wang Ta-wei entered the private room for inspection, that packet of ketamine and rolling tray were already placed on the table. In other words, the only people at the scene who saw how the ketamine appeared were defendants Ch'en Chieh-te, Lin Yüan-p'ing, and Yüeh Hsin-ying. Put another way, if this packet of ketamine was not brought by Ch'en Chieh-te, it was brought by Lin Yüan-p'ing. Of course, it could also have been Yüeh Hsin-ying, but the probability is very low because her fingerprints were not on it.
#132Oral Argument
And among these three people, Lin Yüan-p'ing and Yüeh Hsin-ying both consistently testified that this packet of ketamine and rolling tray were brought out by Ch'en Chieh-te and sold to them at a price of 1,000 NT dollars per gram. In addition to the testimonies of Lin Yüan-p'ing and Yüeh Hsin-ying, there is also the 80,000 NT dollars seized from Ch'en Chieh-te, as well as his LINE chat records with Yüeh Hsin-ying mentioning that he wanted to give a "gift" to Yüeh Hsin-ying and that it "would definitely make Yüeh Hsin-ying high." All of these are sufficient to corroborate that Ch'en Chieh-te is the person who sold the drugs.
#133Oral Argument
Although defendant Ch'en Chieh-te argued that the words "gift" and "will definitely make you high" on LINE referred to his intention to confess his feelings to Yüeh Hsin-ying, please think about it, members of the jury: usually when we refer to a gift, we mean a concrete, tangible object, whereas a "confession" is an action, which can hardly be called a gift. Furthermore, according to Yüeh Hsin-ying's testimony, she didn't like Ch'en Chieh-te at all; Ch'en Chieh-te's confession might instead have been a source of distress for her, so how could she possibly consider it a gift, let alone feel high about it? Therefore, Ch'en Chieh-te's claim that the "gift" and "high" mentioned on LINE referred to his confession to Yüeh Hsin-ying is clearly an excuse to shirk responsibility and sophistry, and is not credible. Moreover, under the circumstance that no other gift-like items were seized at the scene, we can be even more certain that this gift refers to ketamine. Coupled with the fact that Ch'en Chieh-te was carrying a large amount of cash—among the three people at the scene, only Ch'en Chieh-te had proceeds from drug trafficking—it is even more certain that Ch'en Chieh-te indeed engaged in drug trafficking.
#134Oral Argument
As for witness Wu Wen-chen's testimony that she did not hear Ch'en Chieh-te mention anything about ketamine that day, similarly, Ch'en Chieh-te didn't tell Wu Wen-chen what gift he was going to bring to Yüeh Hsin-ying either. Obviously, Ch'en Chieh-te wouldn't tell Wu Wen-chen everything. Therefore, the fact that Wu Wen-chen didn't hear about the ketamine does not mean Ch'en Chieh-te didn't bring ketamine. Furthermore, Wu Wen-chen also said that Ch'en Chieh-te has complicated social connections, and his friends frequently take and sell drugs; from an interpersonal relationship perspective, Ch'en Chieh-te is also the person most likely to be able to obtain ketamine to sell.
In summary, defendant Ch'en Chieh-te indeed committed the act of trafficking Category 3 drugs. Members of the jury, please find the defendant guilty in accordance with the law.
#135Oral Argument
Now it is the defense's turn to present its defense.
Just as the judge introduced to you members of the jury at the beginning, there is an important principle in criminal judgments: the prosecutor must present evidence to convince you that a criminal act indeed occurred, and without any reasonable doubt. As long as you hold even the slightest reasonable doubt in your hearts, you should not find the defendant guilty, because the result of a criminal judgment will deprive a person of their most important right to life or liberty. This is a very solemn and serious matter. A society that values human rights and the rule of law will not allow the state to deprive a citizen of their personal liberty rights based merely on speculation or inference without sufficient evidence.
#136Oral Argument
During the process of the just-concluded examination, although Lin Yüan-p'ing and Yüeh Hsin-ying alleged that Ch'en Chieh-te sold ketamine to both of them, please pay attention to one point: if Lin Yüan-p'ing really purchased ketamine from Ch'en Chieh-te, then afterwards he wouldn't have enough money to pay for the karaoke session. And the same goes for Yüeh Hsin-ying. She said that because she didn't want to owe Ch'en Chieh-te a favor, she paid 1,000 NT dollars to purchase drugs, but she similarly didn't have enough money to pay for the KTV session, and in the end, Ch'en Chieh-te still had to pick up the tab. If that were the case, wouldn't she be owing Ch'en Chieh-te money and a favor all over again? In addition, the statements of Lin Yüan-p'ing and Yüeh Hsin-ying regarding the drug consumption process also have discrepancies, which shows that there are huge loopholes in the testimonies of Lin Yüan-p'ing and Yüeh Hsin-ying, and they are not the truth.
#137Closing Arguments
As for what the facts are? The fact is that the 80,000 NTD carried by Ch'en Chieh-te was money intended to pay for others to go singing. The "gift" and the thing that would make Yueh Hsin-ying "high" that he mentioned on LINE simply referred to his intention to confess his love to Yueh Hsin-ying. As for the ketamine, it was brought by Lin Yuan-píng, which is also corroborated by Lin Yuan-píng's fingerprints found on the zipper bag and the ketamine tray. However, Lin Yuan-píng mistakenly believed that possessing 15 grams of ketamine carried criminal liability, and Yueh Hsin-ying, in order to protect Lin Yuan-píng, shifted the blame onto Ch'en Chieh-te. From witness Wu Wen-chen's testimony, we can see that the relationship between Lin Yuan-píng and Yueh Hsin-ying was exceptionally close, and not merely that of ordinary friends.
#138Closing Arguments
Therefore, whether the defendant Ch'en Chieh-te actually committed the act of drug trafficking in this case evidently still remains subject to great doubt. With obvious loopholes in the testimonies of Lin Yuan-píng and Yueh Hsin-ying, and given that their relationship is beyond ordinary, it is indeed possible that they intentionally framed Ch'en Chieh-te in order to cover up Lin Yuan-píng's actions. Therefore, the testimony of these two individuals is insufficient to be credible. In the absence of other positive evidence to substantiate Ch'en Chieh-te's drug-trafficking act, in accordance with the principle of presumption of innocence, the jurors should render a not-guilty verdict for the defendant to restore his innocence.
The closing arguments in this case are concluded. The verdict will be pronounced shortly after the jurors' deliberation. Please remain in court to listen to the judgment.
#139Instructions Prior to Deliberation
Thank you very much, jurors, for your patient participation in the trial. Next, I will inform you of the applicable law in this case.
The defendant in this case, Ch'en Chieh-te, is accused of committing the offense of "trafficking category 3 drugs" under Paragraph 3, Article 4 of the Narcotics Hazard Control Act. According to our country's laws, ketamine is a category 3 drug: "A person who traffics category 3 drugs shall be sentenced to imprisonment for not less than 7 years, and may be concurrently fined not more than 7 million New Taiwan Dollars."
#140Instructions Prior to Deliberation
To prove that the defendant has committed the offense of "trafficking category 3 drugs," the prosecutor must prove that both of the following elements have been established beyond a reasonable doubt:
Did Ch'en Chieh-te possess ketamine on his person?
Did Ch'en Chieh-te sell ketamine to Lin Yuan-píng and Yueh Hsin-ying?
In addition, pursuant to Article 11 of the Narcotics Hazard Control Act, "mere possession" of category 3 drugs must exceed 20 grams in order to constitute a punishable offense. The ketamine seized in this case is only 15 grams, so jurors do not need to discuss whether the offense of "possession of drugs" has been committed.
Jurors, please begin your deliberation and share your deliberation results with us in the Facebook comments!
In 2017, the Office of the President convened the National Judicial Reform Conference, looking forward to establishing a judiciary that allows the public to truly feel its impact. From public opinion solicitation and breakout group discussions to the concluding conference, the proceedings lasting over 9 months have temporarily drawn to a close. However, the multiple judicial reform resolutions passed at the conference are shaping the face of a judiciary intimately connected to you and me in the future.
Every resolution from the National Judicial Reform Conference is a "beginning," and requires further effort and "moving forward" so that the public can gradually feel the impact of judicial reform. We will continue to monitor the government, expecting it to implement the resolutions of the National Judicial Reform Conference and allow the public and Taiwan to stride forward with tangible progress!
Because you are here, and we hope you stay, our momentum for judicial reform is boundless, as we step by step complete the blueprint for judicial reform.
Time 2017.11.11 (Sat.) 11:30
Venue Ambience Hotel TICC Exhibition Hall 3F
Address No. 1, Sec. 5, Xinyi Rd., Xinyi Dist., Taipei City
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