Tuesday, March 8, 2011

Fang Zhouzi Goes to the Highest Court

Fang Zhouzi and Fang Xuanchang, the two victims (no relation) of a vicious attack masterminded by the disgraced Dr. Xiao Chuanguo, made a formal appeal to the Supreme People's Court of the People's Republic of China yesterday, asking for a review of the previous lower court decisions which led to a five and half month detention for Xiao Chuanguo. They are appealing that the decisions contained mistakes in legal basis and that there are new evidences proving that the facts recognized by the earlier judges were in error.

The lengthy appeal document lists seven major issues:
  1. Obvious errors in the application of law and the crime. (The lower courts had settled with a minor "causing disturbance" charge while the attackers had clearly intended to kill or at least causing major injuries.)
  2. New evidences prove that previous court-recognized facts are in error. (The lower courts had accepted a hospital statement that Fang Xuanchang only suffered minor injuries while the involved doctor told a newspaper that Fang Xuanchang had lost a large amount blood and showing signs of shock and dizziness.)
  3. The lower courts made mistakes in recognizing key facts, missed important leads in the case, and confused a few facts.
  4. There are significant discrepancies in the motives of the defendant.
  5. The sentences given by the lower courts are too light for the crimes involved.
  6. On their appeal, the Intermediate Court did not factually record evidences provided by the prosecutors.
  7. The original court procedure was seriously fraud.
By the original sentence, Dr. Xiao Chuanguo is due to be released at the present time.

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