Tuesday, 16 June 2009

Fruit Knives

Article published in Caijin Magazine 16/06/2009
Translation by China News Wrap
Picture: The Epoch Times [A young man supports Deng Yu-jiao by traveling one thousand kilometers on a scooter to give her a plaque engraved Lady of Integrity]

The controversial case of Deng Yu-jiao has recently attracted nation-wide attention within China. Deng Yu-jiao, a resident of Hubei province, stabbed two local government officials, causing the death of one of them , after they sexually harassed at her work place and verbally abused her. In the wake of the highly-publicized incident, the Hubei province government placed a blanket prohibition on party or government officials frequenting saunas and massage parlours, or participating in similar “entertainment activities.”

According to the news story, at 11:00 in the morning on 16 June, the first session of the Hubei province Badong County Court trial of Deng Yu-jiao concluded. The panel of judges announced their decision before the court, that Deng Yu-jiao’s conduct comprised the crime of assault, yet because it was a form of “excessive self-defence”, and because Deng Yu-jiao is only capable of bearing limited criminal liability and she also turned herself in to the authorities, she has been made exempt from punishment. “Deng Yu-jiao’s free status has been legally, fully restored.”

“According to those present, the trial by the Badong county court opened at 8:30 in the morning. Deng Yu-jiao had her hair tied in a pony-tail, was wearing a white T-shirt and dark-grey cut-off jeans, and sat in the defendant’s chair. Her body appeared quite weak, yet psychologically she seemed in good health. Throughout the entire trial Deng Yu-jiao spoke few words. Her voice was slightly weak, yet her thoughts were clear.”

“According to the prosecution document read before the court by prosecutors Xu Xue-mei and Yang Yu-lian from the Badong county procuratorate, on the evening of 10 May, Deng Gui-da, chairman of the business office of Yesanguan township in Badong county, Huang De-zhi, vice-chairman of the same organization, and several other individuals entered the ‘Xiong Feng Hotel Dream Fantasy City’ in Yesanguan township, Badong county, for personal entertainment after they had been drinking. Deng, Huang and their other companions wished to enter the ‘Water Therapy Area’ for an ‘Opposite Sex Shower’. Huang De-zhi, after finding Deng Yu-jiao washing clothes in one of the VIP rooms, entered the room, and demanded that Deng Yu-jiao accompany him in the shower. Deng Yu-jiao stated that she did not work in the ‘Water Therapy Area, and refused his demands.”

“Deng Yu-jiao then left the VIP room. While walking in the hallway, Deng Yu-jiao encountered Ms. Tang, a colleague of hers who worked in the KTV section, and told her how a customer had mistakenly thought that she was a staff member from the Water Therapy Area. The two of them then entered the staff relaxation room together. At this time, a Ms. Luo, Ms. Wang and Ms. Yuan were also in the staff relaxation room, watching television.”

“Huang De-zhi followed Deng Yu-jiao into the staff relaxation room, and began to curse and abuse her. Deng Gui-da, hearing the noise, entered the staff relaxation room, and upon learning that Deng Yu-jiao had refused to provide Huang De-zhi with ’shower’ services, also began to curse and abuse Deng Yu-jiao, flaunting a wad of cash in front of Deng Yu-jiao’s face, and hitting her on the shoulder with it.”

“Deng Yu-jiao said that in spite of the money, she would not accompany Huang De-zhi in the shower. After attempts by Ms. Luo to provide mediation, Deng Yu-jiao wished to leave the staff relaxation room, yet was pulled back by Deng Gui-da. At this time, a manager in the establishment, a Ms. Yuan, upon hearing of the dispute, rushed to the room and explained to Deng Gui-da and Huang De-zhi that Deng Yu-jiao was not a staff member in the ‘Water Therapy Area’, and ordered Deng Yu-jiao leave the room.”

“Deng Yu-jiao attempted to leave the room again, yet Deng Gui-da pulled her back, and pushed her onto a sofa. Deng Yu-jiao stood up, produced a fruit knife from her carry bag, and concealed it behind her back. Deng Gui-da pushed Deng Yu-jiao back onto the sofa again. Deng Yu-jiao kicked Deng Gui-da backwards with both her feet, and stood up. Deng Gui-da rushed towards Deng Yu-jiao again, and Deng Yu-jiao stabbed Deng Gui-da with the fruit knife, causing four wounds to the left side of his neck, his left forearm, the right side of his chest, and his right shoulder. Huang De-zhi moved forwards to block her, and was also stabbed by Deng Yu-jiao in his left arm. Deng Gui-da died from his wounds following unsuccessful medical treatment.”

“The Badong Public Security Bureau Criminal Forensics Office confirmed that: Deng Gui-da died due to shock related to sudden loss of blood, when an individual used a sharp implement to severe a major artery in his neck and slice into his right lung. Huang De-zhi’s right arm incurred a light wound.”

“The public prosecutor also stated that following the occurrence of the incident, Deng Yu-jiao voluntarily turned herself into the public security bureau, and accurately confessed the facts of the case.”

“The public prosecutor stated that during the investigation, the Hubei and Wuhan judicial psychology hospitals conducted a psychological assessment of Deng Yu-jiao, as entrusted by the Public Security Bureau, and concluded that ‘Deng Yu-jiao suffers from psychological disorder (bipolar disorder) and is categorized as being capable of bearing only limited criminal liability.”

“The public prosecutor believes that Deng Yu-jiao, while preventing Deng Gui-da and Huang De-zhi from illegally violating her, caused the death of one person, and that her self-defence conduct clearly exceeded the necessary scope, and is categorized as excessive self-defence. According to the provisions of article 21 and article 234 of the ‘Criminal Law’,with the facts of the crime clear and the evidence fully certain, (Deng Yu-jiao) should be prosecuted for criminal liability for the offence of wilful assault. Yet punishment should lightened or dismissed. At the same time, on the grounds that Deng Yu-jiao is psychologically ill, and incapable of fully controlling herself, in accordance with article 18 of the ‘Criminal Law’, punishment should be lightened. Punishment should also be lightened on the grounds that Deng voluntarily turned herself in to the authorities.”

“According to those present at the trial, Deng Yu-jiao’s defence lawyers, Wang Shao-peng and Liu Gang, made a plea of ‘not guilty’ on Deng Yu-jiao’s behalf. They emphasized that Deng Yu-jiao’s self-defence conduct had been appropriate and apt, and had not exceeded the necessary scope. Deng Yu-jiao’s conduct is also in accordance with the provision of article 20 of the ‘Criminal Law’, which confer a limitless right to self-defence, and Deng should not bear any criminal liability.”

“Following almost an hour of deliberation, the judges announced a recess at 10:30 in the morning. Following a joint discussion of the panel of judges, the judges announced the results of their decision at 11:00 in the morning: Deng Yu-jiao’s conduct comprises the crime of wilful assault, yet was also a form of excessive self-defence. Because Yu Deng-jiao is only capable of bearing limited criminal liability, and also turned herself in to the authorities, she has been made exempt from punishment.”

“This decision also fundamentally approved of the charges of the prosecution, while adopting some of the opinions of the defence lawyers.”

“According to the understanding of ‘Caijing’ journalists’, the Badong court No.1 courtroom is capable of holding more than 50 people, yet members of only 8 media organizations were allowed to view the court proceedings. These included the Xinhua News Agency, the People’s Daily, Hubei Satellite Television, the Enshi Television Network, and the Changjiang Badong Net. Applications by other media organization to view the court proceedings were politely declined by Badong county authorities on the grounds that all such approvals had been fully released.”

“From 7 a.m., people began to gather at the entrance to the Badong County Law Court. By the time the court session concluded, approximately five hundred people had surrounded the court. The relevant departments of Badong county had established police on either side of the entrance to the court and on either side of the main road for the purpose of preserving order.”

“Following the decision, police responsible for maintaining order began to request that the crowd which had gathered disperse. As of the time that this story was published, there was still a crowd at the entrance of the Badong County Law Court, yet public order had been successfully maintained.”

- China Digital Times 2/06/2009: Have You Left No Sense of Decency? How China’s Latest Internet Hero Will Test the Rule of Law
- The Epoch Times 30/05/2009: Badong Officials Attack Reporters Covering Deng’s Rape Case
- The Epoch Times 27/05/2009: Chinese People Continue to Support Waitress Who Killed Party Official