have been away for awhile attempting to get some semblance of order back into my life.
Yes, I did say I took David's passport without his consent, but actually I did have his consent. I was asked by several mutual friends to say that I had stolen it to protect David, as that is what David was pleading at the outset. Even though it wasn't the case, I wanted to do whatever I could to help him at that point. I was asked to make the statement public and that's what I did. Later it turned out that he'd decided to plead guilty. It doesn't help my public standing, or whatever, but that's the least of my concerns at this point. The main point I am out free he's in jail woo hoo
I am also curious to see the massive police effort to track me down and find accomplices, etc. after I leave the country. This is a stark difference to the 26 months of my court case, where there was zero investigation. At the very beginning, the police turned me over to the media mob within an hour of the KTV manager coming to the Da'an police station. At that time, there hadn't even been any look at videos, evidence, etc. It's just that simple. The whole direction of the case was decided at that point onwards. There was no investigation, no hearings, no evidence, no defence, nothing. Just a nod and chat between the head of the police station and the manager from the KTV. And then I became "it". Once the media had run the story of me being this and that and the other, then it all snowballed after that. There was no going back after that moment.
Actually Taiwan is a signatory to the Geneva Convention, where it states; Article 75 - 4(d) Anyone charged with an offence is presumed innocent until proved guilt according to law.
If a police officer 'investigates' a crime by talking to the KTV management for a few minutes over tea, how is that following due process? All the way I have been fighting to prove my innocence and the judges and prosecutors and police haven't contributed anything except a constant worry for what the media had to say on the proceedings.
Yes, the KTV nightclub is an illegal mob run hostess bar that I had the misfortune to go and get involved in. I made a mistake in going there and getting involved with those people. This whole situation wouldn't have happened if I had stayed away. So in a way, I brought these circumstances onto myself.
Yes there was some more investigation: The judge in the appeal court spent some time investigating 'my true nationality'. Apparently he wasn't happy with my reply that I was British. "Yes, but where are you from?" Britain I replied. "Yes but where where you born?" UK I replied. This answer seemed to confuse him. I never saw this judge again until the last hearing when he dozed off during our closing defence arguments.
In the same way some people in the West think that all Chinese people still wear bamboo hats and baggy Moaist clothing, a lot of Taiwanese think all British people are white with top hats and long coats. It shouldn't matter what country I am from, what colour I am. But it does in Taiwan. However, for those expats who've been in Taiwan for awhile will know that the Taiwanese are a bit racist and xenophobic. Hence, the police at the court room on the day of my very first court hearing, " ... they [the crowd] are excited because they hardly ever get a black man in court ...", this as they forced me back out onto the street, to go run the gamut of the mob again.
I also have noticed some pretty smart people on this forum doing an excellent job of investigating the facts of this case. Oh I wish I'd had the benefits of your abilities earlier ... it might have been helpful to go the route of having more foreign support during this case as some did suggest to me. Others suggest I don't anger the judges. It wasn't easy to decide what do to. Give the judges face or be "western" and demand due process, facts, laws, etc.
And no, I didn't run someone over and leave them to die. When I left the KTV I was drunk and asked for a driver. The reason I asked for a driver was because I was drunk and didn't want to drive. If I didn't want a driver I wouldn't have asked for one. We had been at another KTV previously that same evening before coming to Ming Hung KTV and I had asked for a driver then as well.
I do have video and stills showing the driver of the car who took me home was not the one 'that returns 6 minutes later'. These were already shown in court, however, no seemed to be interested on the bench ... Pretty much anything the KTV staff said in court was gospel and whatever I did to show my innocence was 'inconclusive'.
However, there were camera's all over the intersection where the KTV driver alleges he did a U-turn and go back to his work, but none of these cameras were working on the night? (police report, 20+ months after the event stated 'out of order'). No, nothing working on the night, except in the first trial the cops produce a bunch of photographs that they staged showing a black car pulling over to the side and a guy walking back ... when my lawyer had the photo enlarged, we see it's a black Camry, not Mercedes. So I ask the judges in front of a full court house of witnesses, 'why are these photos being admitted as evidence, they are clearly fake and misleading', to which the judge replies, '... they are just there for 'reference' ". No, that's someone at the Da'an police station using some creative license and staging evidence. It goes on and on.
It's been a pretty one sided affair all the way through. As I said, it all started at the first night at the Da'an police station. The 'investigation' lasted a few minutes. The media were called in. That was it. The rest of the 26 months have been window dressing, no further investigation was done.
I am just glad I was able to get hold of the video footage 20 months after the trial started so that at least I would have in my own possession the facts to prove the the KTV alibi as being false, and clearly showing me getting in on the passenger seat, with the driver as I had requested. I had originally planned on showing this to the media, and did initially release one part. No one covered it seriously ... Apple Daily did do a little to cover my side of the story, most of the other reporters didn't even look at the material. Anyway, it's a hard slog working with the media when they are so biased to start off with.
So, I have contacted the Taiwan foreign office to see what can be done going forward. They have explained to me that a 'special retrial' can be done, and evidence looked at again, especially if something was omitted or overlooked in the previous trials. I am conflicted on how to proceed. I want to clear my name, but don't want to be tricked into being pushed into jail without a fair trial. They say they would redo the trial based on the correct observance of law and impartial review of evidence, but how can I trust them?
Plus, importantly, someone has to pay compensation to the family of Hwang, the motorcyclist who died. My suggestion to the foreign office is to seek some sort of monetary compensation from the KTV. As per a typical Taiwan criminal case, if the civil settlement hasn't been decided, then the criminal settlement is not likely to be fairly decided either. So far 1.6m NTD has been paid by the insurance company but another 5m + is required for the settlement.
All in all, it'd just be easier for the courts if I went to jail and that was the end of it. This is the main reason why I decided to leave, as I knew talking to them whilst I was at their mercy wasn't getting anywhere.