Society
Gang boss' lawyer stands by defense plea
By Wang Huazhong (China Daily)
Updated: 2009-12-31 06:51
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CHONGQING: Beijing lawyer Li Zhuang yesterday pleaded "not guilty" in a local court to charges of instructing his client - an alleged crime boss - to lie that he had been tortured by police for a confession.
The accusations against the lawyer, amid Chongqing's massive operation to rid the city of organized crime, has fomented nationwide debate on defense attorneys' rights and the functioning of the judicial system.
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Li was arrested after his client, alleged local gang boss Gong Gangmo, told police that Li instructed him to lie that he had been tortured by police for eight days to extract a confession -- a move meant to help revoke Gong's confession.
Before the trial started, Li submitted a written application asking for his trial to be held outside Chongqing and asked all judges and prosecutors involved to excuse themselves.
"The police and the procuratorate in Chongqing who worked on Gong's case are the very ones who are investigating this case and are thus stakeholders in the trial", he said.
The Jiangbei district court rejected his application, saying the alleged crime took place in Jiangbei, which is in its jurisdiction, and State law does not include such provisions for withdrawal of judges and prosecutors.
According to the indictment, Li abetted Gong in fabricating evidence of torture, and instructed him on how to extricate himself from trial.
The indictment also said Li instructed Gong's wife and four employees of Gong's company to give false testimony; and directed another lawyer, Wu Jiayou, to bribe police to strengthen the torture testimony.
During yesterday's trial, Li stood firm, claiming the accusations "were created out of nothing", often joined his defense attorneys to point out what he said were flaws in the trial process, and argued that the rights of lawyers were not being protected.
"In the three meetings I had with Gong in the presence of police, he showed me wounds on his wrist and told me face to face that he had been strung up by police for eight days leading to incontinence," Li told the court.
"I firmly believe Gong was tortured though I don't exclude the possibility that Gong lied to me," he added.
A report on Gong's condition by Chongqing's forensic authority said Gong had bruises or abrasions on his wrists caused by a blunt instrument.
A written application from Li calling for eight witnesses including Gong and his assistant Ma Xiaojun, who is also detained, was denied by the court, which said the witnesses were not willing to attend court.
Another application from Li asking for a review of surveillance footage of the three meetings Li had with Gong was also denied because the Jiangbei detention center said recording machines were not used during their conversations.
"I believe you will have compassion for me if you experience it all," Li said.
The trial was continuing at press time last night.
A Chongqing court yesterday handed down the death penalty with a two-year reprieve to two men for their involvement in organized crime, and sentenced 21 others to jail terms ranging from one year to life.
The trials, which started in mid-December, are part of a massive government crackdown on organized crime in the southwestern city.
Wang Tianlun, leader of the 23-member gang, was convicted of organizing and instigating gang-related crimes and was one of the two sentenced to death with a two-year reprieve.
Wang was also fined 100 million yuan ($14.6 million), according to the verdict of the No 5 Intermediate People's Court of Chongqing.
Wang, who set up a food firm in 1996, hired thugs to force farmers to sell pigs to his firm by using violence and other criminal means, and as a result raked in millions of yuan from the illicit trade.
It was also found that he bribed local public security officers for protection.
Tang Youbin was also sentenced to death with a two-year reprieve on similar charges.
Peng Gang was given life imprisonment and 20 others got jail terms ranging between one and 20 years.
