The justice system is still, nowhere N-E-A-R perfect, because two men who were accused of the same crimes, one was found not guilty, due to insufficient evidence, the other, in the military, got court marshaled, and found guilty, and served a whole of, twenty-seven years in prison, two standards of two systems of justice here, off of the Front Page Sections, translated…
During His Service Terms, He'd Been Falsely Accused of Robbery, His Friend Found Innocent, Due to Insufficient Evidence, He Got Sent to Prison, and, Received a Retrial After the Amendments, and He Was Found, Not Guilty
The man, Wang, twenty-seven years ago, was accused of committing robbery with his friend, Chen using a scooter, Chen was found by the courts as not-guilty, but Wang, being a military serviceman back then, got court marshalled, and sentenced to five years, and he'd served for more than two years, then finally made, parole; he'd fought to prove his innocence for the past twenty plus years, last year, the Constitutional Court allowed for a retrial, the Kaohsiung Subsidiary Court yesterday found, that due to insufficient evidence, he's not guilty, Wang walked out of the court, emotional, called this delayed justice.
The key determinant of Wang's clearing his name was the verdict from last year's constitutional interpretation, the former Grand Justice, Huang was the primary justice of the first verdict of the interpretations, as she heard that Wang got his name cleared, she'd said, "the constitution did not let me down."
After she retired from her position as the grand justice, Huang continued to pay attention to the case, she'd gone to Kaohsiung especially as the hearing took place last month in the Kaohsiung High Subsidiary Court, wanted to show Wang who'd been wrongfully accused her support, and she'd blurted out, "I'm sorry", soon as she saw him; although, it wasn't her error, but she'd felt, that as a member of the justice systems, she has a responsibility to right the wrongs.
On May 18th, 1997, Wang was accused of robbing the mother-daughter pair, Hong's black purse on a scooter with Chen, the police chased the leads and arrested Wang, and the case was tried by military law, and the final verdict of conspiring to rob, Wang was sentenced to five years, and he'd served over two years, and was, paroled.
But because Chen wasn't military, his case was tried in the regular court, but as the case went to appeal, the courts reviewed over the witnesses testimonies, the physical evidence, found there to be a lack of evidence, found Chen not guilty, and, it'd caused the dissonance of the same crime, with Wang guilty, and Chen, not guilty.
To clear his name, Wang fought hard, asked the Grand Justice to interpret the constitution, at first, the case wasn't reviewed by Huang, originally, the justice assigned to the case, was about to retire, and still couldn't decide whether or not he is to take the case, as Huang took the retired justice's spot, she'd instinctively believed that she should, take the case, "there's the incongruity of ruling differently over the same crimes, can the people accept that?"
Wang believed, that both were accused of the same crimes, but he could only appeal on the part of the court marshal's verdict for "being against the laws", and can't appeal based off of what was factual in his, case, claimed that the court marshal was, unconstitutional, and as he'd filed for reinterpretation, although the Constitutional Court found that the laws were in line, but still granted Wang a retrial.
And so, this is how differently, the rulings of the same crimes, and maybe, because this man who'd served the time, for this crime that he may or may not have, committed was in the military, he got a, severe sentence, and, he was able to clear his name, based off of the fact that there was double-standards in the rulings of his friend's not-guilty verdict, versus his own, guilty, as they'd both been, accused of the same crimes.
No comments:
Post a Comment