A man from Kunming, Yunnan province, who appealed his fraud conviction had his bid for a new trail accepted by the court only after he was freed after seven years of imprisonment.

Tao Yunjiang, a former manager of a Kunming-based construction company, was sentenced to 10 years in prison in Guandu district court in Kunming in 1997.

Tao filed an appeal with the Kunming Intermediate People's Court in the detention room and asked a guard to submit it for him.

But soon afterward, Tao was thrown into prison and got no response about his appeal request.

"I wondered why I ended up in prison without a second chance but I dared not fight the police," Tao recalled.

Tao said he is innocent and was tortured into making a confession.

"As I was accused of forging business contracts, the police officer forced me to kneel down and kicked my back and asked me with what I forged the seal," Tao said.

"I could not take the torture and randomly said I used a grater, with which it is impossible to forge an official seal," Tao said.

When in jail, Tao kept writing complaints and asked prison officials and fellow inmates who were released to give the files to the pertinent authorities.

"There has been no feedback over the years, and later I stopped asking the prison staff whether the letters were answered because my hope faded," Tao said.

In 2004, Tao's sentence was reduced to a seven-year term, and he was free again.

Tao immediately sought belated justice as he searched various documents helpful to prove he did not commit fraud.

After he collected all the needed files, Tao began petitioning authorities.

In 2006, the case was noticed by an official with the provincial public security department, and Tao was contacted by Kunming Intermediate People's Court.

"An official with the court told me the case had a problem," Tao said.

The Kunming court launched the plan for a second trial in 2006 but it had to go through a lengthy procedure that included evidence-collecting and an investigation.

In 2010, the court held a news conference and announced Tao did file an appeal in 1997, but a court clerk failed to submit the file.

The court said at the conference that the clerk who made the mistake will be punished and suggested Tao should seek compensation.

"Of course I want to get compensation, but I think saying it was a clerk's mistake is only an excuse," Tao said.

"I wanted the court to give me a reasonable explanation and formally apologize to me at the second trial," Tao said.

A preparatory meeting of the second trial was organized on May 19. The exact time of the hearing has not been determined.