Better if he reads the court transcript.https://taiwan.piratenpad.de/ep/pad/vie ... hnY/latest?
Summarize:
ZAIN TAJ DEAN (林克穎, Lin Ke Ying), a British citizen, also known as KHALAD
HAMID, was sentenced to 10 months imprisonment on 7 April ROC year 98 (2009), for violations of copyright regulations , and the sentence was commuted to 5 months.
On 25 March ROC year 99 / 2010 at midnight, ZAIN TAJ DEAN went to a hotel drinking with his friend Guoming Chi (池國明, "business partner") until 4:38am. At 4:50am, ZAIN TAJ DEAN asked Juncheng Zhuo (卓俊呈, "driver"), the substitute driver of the hotel, to drive him back home. Between 4:50am and 4:56am, ZAIN TAJ DEAN insisted to drive himself and asked Juncheng Zhuo (driver) to get off the vehicle. After Juncheng Zhuo (driver) left, ZAIN TAJ DEAN continued to drive back home. At 5:4:54am, ZAIN TAJ DEAN drove past No. 128 of section 4 of Zhongxiao East Road in the Daan District of Taipei. Under the influence of alcohol, ZAIN TAJ DEAN did not notice the motorbike in front of him which was driven by Junde Huang (黃俊德, "victim"), and his the back of the motorbike. ZAIN TAJ DEAN then fled. Junde Huang (victim) was taken to the hospital later by someone passing by and died due to the injury. The vehicle caught attention of one customer in the garage because it was extremely damaged. The person then saw the TV news about the accident, which also said traces of the particular type of the vehicle were found on site. The person then reported to the police.
Although ZAIN TAJ DEAN admitted he drank alcohol with Guoming Chi (池國明, "business partner") at the time and place mentioned above, he denied he was in control of the vehicle when the accident happened. ZAIN TAJ DEAN claimed someone else was driving the vehicle, not Juncheng Zhuo (Driver), while he was aleep in the vehicle when the accident happened. He was not aware of the accident. He only started driving the vehicle after he woke up and did not have any accident or hit the victim.
ZAIN TAJ DEAN declared that "before going to the hotel, I was in a KTV which is located in Lin Sen North Road. I realized I was drunk when I left the KTV, so I asked the hotel to send a substitute drive to drive me there. I asked for a substitute drive again when I left the hotel."
This part was about the testimonial regarding asking for substitute drivers. According to the witness, Juncheng Zhuo (卓俊呈, "driver") the substitute drive was asked to drive the vehicle and ZAIN TAJ DEAN sat on the passenger seat. They left the hotel at 4:50am. The Court confirmed that the evidence was conclusive that Juncheng Zhuo (driver) drove the vehicle from the hotel and ZAIN TAJ DEAN sat on the passenger seat.
According to the witness Juncheng Zhuo (driver), he came back to the hotel 6 minutes later because ZAIN TAJ DEAN insisted on driving himself. Juncheng Zhuo (Driver)got off the vehicle and walked back to the hotel. Based on the footage from the security camera in the hotel, the Court confirmed the testimonial of Juncheng Zhuo(driver), and further confirmed the fact that Juncheng Zhuo (driver) did not drive ZAIN TAJ DEAN all the way home.
4:52 ejected driver (out at nearest light) who walked back by 4:56?
Juncheng Zhuo (driver) got off the vehicle at about 4:53am and walked back by 4:56am.
The Court confirmed that the victim Junde Huang (victim) was hit from behind while he was driving a motorbike on 25 March ROC year 99 (2010). Someone found him on the road around 5:04am and called the police at 5:04:54am. Junde Huang (victim) died around 10:05am the same day.
The Court then went through the evidence of the debris of the vehicle found on site matching the vehicle of the defendant.
The Court then came to the conclusion that the defendant hit the motorbike of the victim at the time and place mentioned above, resulting in death.
~5:03 accident?
(comment by someone: there could be a minute to check before reporting by phone, plus it was raining hard)
Scooter driver died by head injury
Debris on the car matches parts of the scooter
The defendant started to drive at 4:53am. The victim was found on the road at 5:04am. The accident happened somewhere between 4:53am and 5:04am.
Based on the security camera footage of the apartment building where ZAIN TAJ DEAN lived, ZAIN TAJ DEAN drove the vehicle alone back to the car park of his apartment building at around 5:07am on 25 March ROC year 99 (2010).
The Court confirmed that Juncheng Zhuo (driver) drove ZAIN TAJ DEAN away from the hotel and there were only Juncheng Zhuo (driver) and ZAIN TAJ DEAN on the vehicle. Juncheng Zhuo (driver) came back to the hotel alone after 5 or 6 minutes and appeared in the office of substitute drivers. ZAIN TAJ DEAN afterwards drove the vehicle alone back home, and there was no one else on the vehicle when he arrived. The Court then confirmed that it was ZAIN TAJ DEAN who drove the vehicle after Juncheng Zhuo (driver) got off. Therefore it was ZAIN TAJ DEAN who was driving the vehicle when the victim was hit at the time and place mentioned above.
The defendant claimed that the testimonials of Juncheng Zhuo (driver) was false. The Court confirmed that the testimonials were reliable, while there was not enough evidence to contest the testimonials.
Also, it was unlikely the witnesses would submit false statement, only to cover up “one substitute driver” referred by the defendant and his attorney, risking the crime of perjury which may lead to 7 years imprisonment.
Due to the lack of evidence, the Court rejected the claim from the defendant the substitute was not Juncheng Zhuo (driver).
The defendant claimed someone else, other then Juncheng Zhuo (driver) was driving the vehicle while the accident happened. However, if as the defendant claimed, he was so drunk and remained asleep in the vehicle when the accident happened, it was unlikely he knew who was driving the vehicle.
The defendant claimed that he was unaware of the accident, and did not check the car after went back home. The Court rejected the claim.
The defendant claimed that Juncheng Zhuo (driver) would not have agreed to get off the car without being paid a tip, and claimed that it was another substitute driver driving the vehicle while the defendant was resting and was unaware of the accident. The Court rejected the claim.
The witness Guoming Chi (business partner) called witness Wenyu Ji (姬文宇, KTV Emplyee) afterwards about the matter that the defendant drove back home. There was something that didn’t match between the testimonials regarding the time of these phone calls. It is understandable that witnesses may make some mistakes in details, but the main facts match. The facts which do not match between testimonials are not enough to overturn the testimonials. The defendant claimed that the police did not provide the footages from all the security cameras on the road, which might include evidence supporting the defendant. He then further claimed the police concealed evidence supporting the defendant. The Court analyzed the relevant evidence and rejected the claims.
The part about "how the court analyzed the evidence and rejected the claims" looks like one part that would be interesting to have translated in more detail.
(This is word by word translation) Although security cameras on the road were helpful in detecting crime, they were not installed purposefully to monitor all the activities of civilians, and neither are they legally required means of proof. The defendant ZAIN TAJ HAMID and his attorney ignored the facts above, but claimed that there were other security cameras on the road which might have recorded relevant information but were not provided by the police, and accordingly questioned insufficiency of evidence provision. The claims are not supported by this Court.
Moreover, the coverage of the security cameras was affected by the angles and the positions of the cameras. Though some security cameras cover the roads, some security cameras cover buildings or entrance and exits instead; therefore it cannot be presumed there are evidences in favour of the defendant as the defendant claimed.
Furthermore, for the security cameras referred by the defendant, some of them were not switched on on the day of 25 March 2010, and some had been overwritten by the time the Court asked for evidence, and some had not been installed properly by the day, and the rest were faulty in recording. (See the File 1 of this Court, page 122, 204, 205, 172, 174, 176, 295; Investigation File 3, page 414-416). Therefore it cannot be presumed there were evidence in favour of the defendant ZAIN TAJ HAMID.
Based on the fact that in the Investigation file there is a piece of paper containing the words “make a copy in the USB drive”(see Investigation File 3, page 422), the attorney of the defendant ZAIN TAJ HAMID impeached the police of the act of sinking evidence (see File 2, page 127), and accordingly claimed that there are evidence in favour of the defendant ZAIN TAJ HAMID. The claim is in lack of evidence. The words on the paper were about making a copy of the footages of the security cameras that were investigated by the court of first instance. It matches the other documents currently on hold. This particular piece of paper also contains drawings of a brief map of Xinyi Road and Songren Road, which was marked on the northeast corner and southwest corner with “no (security cameras)”.
The replies from relevant institutions to the inquires of this Court are about whether the evidences inquired exist, and is not about whether the defendant is guilty. Moreover, some of the security cameras were not formally in use and some were not recording anything. These facts are all recorded in the file. The denial of the “credibility” of the replies from the defendant and his attorney is not supported.
The attorney of the defendant impeached the police of sinking evidence security camera footages, based on the media reports about “the police went through the security camera footages and plate number provided by the witness, and found and arrested the accident driver”. The claim is in lack of evidence. Since the defendant was the suspect, if there was indeed evidence which was able to determine the “accident driver”, the police would have handed the evidence immediately to the Court but had no reason to “hide the evidence”.
The defendant and his attorney had no proof for the relevant claims.
Moreover, the defendant claimed that on the day of police investigation, a foreign affairs police officer, who had not been cited to appear in court, saw Juncheng Zhuo (driver) looked terrified and stressed, and thus said to the defendant “seems like there are problems with him”. The Court found that, according to the witness police officer Menglin Zhuang (foreign affairs police officer), he only went to Da An Police Station of Taipei Police to assist recording evidence, and did not go to Ming Heng Hotel or the site of the accident. The defendant confirmed that Menglin Zhuang (foreign affairs police officer) was not the foreign affairs police officer he referred (See File page 218, 219). The witness Da Huan Fan, who was the deputy head of the Dun Hua police station of Da An police of Taipei central Police and who kept accompany the defendant in recording evidence, did not speak directly with the defendant, and did not recall there was any other foreign affairs police officer on the scene(See File 2, page 40, 41). Besides, Menglin Zhuang (foreign affairs police officer) was the only foreign affairs police officers sent out by the Taipei Central Police on 27 March 2010 at 8am according the letter of the police on 3 July 2012.
The police of Internal Affairs did not sent any officers to Da An police on 26 and 27 March 2010 according to the letter from the police of Internal Affairs on 5 July 2012 (See File 2, page 112). There is no information found about the foreign affairs police officers referred by the defendant. Even if the claim of the defendant was true about a foreign affairs police office said to him that “seems like there are problems with Juncheng Zhuo (driver)”, it was only the presumption from the officer personally, and could not be held as evidence that the defendant was framed.
Since this accident involves death, considering that at the time of investigation, the witness Juncheng Zhuo (driver) had admitted driven the vehicle and was being investigated by a few police officers, it is understandable that he did not appear relaxed and comfortable. Whether he appeared stressed or not, this could not be considered as proof of the defendant’s innocence. The attorney of the defendant asked the “Department of foreign affairs of Taipei Police” to confirm whether it sent officers to Da An police. This request has been answered by the Taipei police as shown before.
The defendant claimed that the police was corrupted by someone important, and the time of investigation was too short, and there was some supporting evidence for the defendant had been concealed. But the defendant could not provide enough evidence to support these claims, and thus the claims were rejected.
The Court confirmed the conviction of ZAIN TAJ DEAN