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Text Chapter 779 [Fierce Debate 2] Combination of Two and Three

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    "Mr. Zhang, what do you do?" Sun Yuqing, the prosecutor, began to guide the witnesses to testify.

    "Oh, you all know, I am the administrator of Liyou Hotel."

    "According to police investigation, guests at Liyou Hotel often check out rooms, look for 'beauties', and engage in unethical transactions, right?"

    "Hey, you are asking knowingly. Which hotel in Mong Kok doesn't do this?"

    "That's it?" Sun Yuqing said with a smile: "As the administrator of Liyou Hotel, do you know the deceased who has been working as a 'groomman' all year round?"

    "Of course I know him, he often brings beauties here."

    "In the early morning of March 13, 2013, how many beauties did the deceased Huang Guangming bring?"

    "Oh, he brought two of them one after another. One is a little girl named Meimei, and the other is an adult named Shuimei."

    "Oh, Sister Shui? Is she in court now?" Sun Yuqing asked: "Can you identify her?"

    "Well, that's her." Zhang Shui pointed at Qin Shuimei who was standing in the prisoner's column.

    "What did you see before the deceased fell from the window of Room 801 of Liyou Hotel?" Sun Yuqing pointed at Qin Shuimei and said loudly: "Did you see the defendant and the deceased having a fierce argument, and then the two of them walked into Room 801 one after another?  Room number?¡±

    "Yes, I saw it clearly at that time." Zhang Shui nodded.

    ¡°Then can you recall how long after the defendant and the deceased entered Room 801, the deceased fell from the building?¡±

    "About five or six minutes" Zhang Shui recalled: "Then I heard screams coming from room 801. I pushed the door to look and found that the deceased had disappeared, and the defendant was very  Standing in front of the window in panic."

    "Very panicked?" Sun Yuqing smiled: "Why do you describe Qin Shuimei like this? Can you tell me the reason?"

    "Does that need to be said? There were only her, the deceased, and a 'beautiful' under another groom in the room at that time, but that beauty had taken a lot of drugs, and I'm afraid she couldn't stand still. That was obviously her  The one who pushed the deceased downstairs; I know the deceased Huang Guangming. That guy was afraid of death, so he would never commit suicide. Apparently it was Qin Shuimei who pushed him downstairs. They had a quarrel before they entered the room. She  If you kill someone, of course you will panic.¡±

    "I object!" It was Yang Cai who raised his hand to object, but it was Zhou Yi who stood up.  In Hong Kong courts, only formal barristers have the right to raise their hands to object. However, when stating the reasons for objection, trainee barristers can do so. Of course, any consequences will be borne by the formal barristers.

    Zhou Yi stood up and said: "I object to the prosecutor leading witnesses to make overly subjective judgments!"

    "The objection is valid." The presiding judge nodded slightly.  He told the jury: "The content of the subjective judgment made by the prosecution witness Zhang Shui just now does not need to be used as the basis for the jury to decide the case, and you do not need to remember or record it."

    "Mr. Zhang, how old are you this year?" When it was the defense's turn to cross-examine the witness, it was Zhou Yi who stood up to ask again. The presiding judge frowned slightly and glanced at Yang Cai, but said nothing.

    "Me? I am 46 years old this year. Well, isn't it in the witness information?"

    "Of course. I have read the information, but I just want you to confirm it again." Zhou Yi smiled and said: "In your 46-year-old life, have you ever encountered something very scary or difficult to handle that made you panic?  ?¡±

    "Of course we have it?" Zhang Shui was stunned.  I don't understand why Zhou Yi asked this.

    "Oh, yes? Did you also kill someone at that time?"

    "No, I have never killed anyone! What nonsense are you talking about! II object."

    "Oh? Since your panic does not mean that you killed someone, then why do you think that the defendant showed a panicked expression when the crime occurred. It was she who pushed the deceased downstairs? Couldn't it be that she was panicked when she saw Huang Guangming jump off the building to commit suicide?  Or did you panic when you saw a third person pushing the deceased downstairs? You just saw her panic expression at that time and judged that she killed someone. Is that too arbitrary? "

    "" Zhang Shui lowered his head: "Yes, I am a bit arbitrary."

    "Thank you, I have no other questions." Zhou Yi smiled at the jury.  Sometimes the jury is accused of being influenced by both the defense and the witnesses. This influence cannot be eliminated with a single instruction from the judge, so he must ask Zhang Shui personally to admit that he made an error in judgment before he can be completely reassured.

    This is why in Hong Kong courts, some prosecutors or lawyers know that the questions they ask will be opposed by the other party and the judge will declare the objection valid, but they still insist on asking questions, and even ask questions quickly after the other party raises objections.  After all, this is a technique for influencing the jury.  And when you don¡¯t need companyNo lawyer would do this in the juristic tribunals and district courts.

    The second prosecution witness was the certified accountant. Under the guidance of Sun Yuqing, his testimony had no contradictions with the transcript provided by the police and was more detailed. For example, in the case of the deceased Huang Guangming  At the same time as he fell, he clearly saw Qin Shuimei leaning out of the window and extending her right hand forward.

    Although it was early in the morning when the crime occurred, Mong Kok is the famous "Kowloon city that never sleeps". The lights at night are as bright as day. He can definitely see all this, and Zhou Yi used his mental power to investigate and confirm that he was not lying.  But not lying does not mean that his judgment is correct. It is the defense lawyer's responsibility to find out the errors in his judgment.

    ¡°If combined with his testimony, the jury is very likely to find Qin Xiangling guilty of murdering Huang Guangming.  After all, jurors are people who have nothing to do with the legal circle, and they cannot be expected to make precise judgments like judges or lawyers.  This is also the most interesting thing about the common law system. The jurors are all blank slates, and it depends on how the lawyers draw them.

    "Mr. Lin, you are a certified public accountant and a professional. You are under a lot of pressure at work, so you often suffer from insomnia, right?"

    ¡°Yes.¡± Witness Mr. Lin nodded.

    "How long have you been suffering from insomnia?"

    "Aboutthree years." When mentioning this matter, Accountant Lin shook his head.

    "It's actually been so long for three years?" Zhou Yi nodded and said: "During these three years, you had to work during the day and had insomnia at night. In other words, your rest was not guaranteed, and you were in a state of low energy and severely reduced judgment for a long time.  Below. Isn¡¯t it?¡±

    "Of course not, I took my medicine and I have maintained my professional standards."

    "Perhaps, within your professional field, you may still be able to maintain a normal working condition, but what about outside your professional field?"

    Zhou Yi took a stack of information from Ma Ming: "Your Honor, I have here a police record from the Mong Kok Branch and the Fire Department, which proves that at about 12 o'clock in the evening on July 7, 2012, that is, two weeks before this case occurred.  Witness Mr. Lin Hui once got up to cook noodles in the middle of the night because of insomnia. He was going to eat something so that he could sleep better without resorting to sleeping pills. But after he cooked the noodles, he completely forgot about it.  As a result, the surface was burnt and thick smoke was produced. Mr. Lin actually called the police at that time, saying that there was a fire in the building where he was located, which caused the police officers and firefighters to run in vain and wasted police force. Mr. Lin, there is  There is no such thing?"

    "Yes. But"

    ¡°Nothing but!¡±

    Zhou Yi interrupted him and said: "Ordinary people often forget to boil water and cook noodles, but when the water dries and the noodles are burnt, they will definitely make accurate judgments. They will not make mistakes in judgment like the witnesses and cook  Call the police! This can only show that the witness is in a bad mental state due to long-term insomnia. This has seriously affected his judgment. Obviously, the witness Mr. Lin is not suitable to testify at all!"

    "I object!"

    Sun Yuqing had known for a long time that Zhou Yi would make a fuss about this matter, how could he not be prepared?  He immediately stood up and retorted: "The witness is a professional. Although he suffers from long-term insomnia, he can still complete his work properly during his illness. In fact, just a year ago, the witness was involved in Shunxing Company.  There were no errors or omissions in the bankruptcy liquidation case, and the defense lawyer¡¯s subjective speculation not only lacked factual and scientific basis, but was also unfair to the witnesses.¡±

    "Your Honor, I have here a copy of witness Lin Hui's medical history for the past two years. In the doctor's diagnosis column, it clearly states that 'the witness has suffered from mental decline and a decline in health index due to long-term insomnia, and it is recommended that he recuperate  "

    Zhou Yi once again submitted a piece of information to the court: "Unfortunately, the witness has never accepted the doctor's advice. Not only did he not go to recuperate and rest, his work became more and more heavy. Yes, the defender has not found that the witness is currently in the field of work.  If there are any mistakes or omissions, please remember that the witness and the jurors must not forget that the witness is already a senior accountant. Not only is he rich in experience, but he also has the assistance of a team behind him. In other words, the witness is within his own field of work.  It was his long-term work experience and team strength that offset the adverse effects of his long-term insomnia; but when he wanted to judge matters outside the work field, or even accuse others of committing crimes, his work experience and team could no longer help him.  It helped him. Therefore, I request the court to disqualify Mr. Lin as a witness, otherwise it will be the greatest injustice to the defendant!"

    The presiding judge carefully read the materials submitted by Zhou Yi and said: "I believe that although the witness Lin Hui suffers from long-term insomnia, it does not affect his work. Accounting work is a very professional job.Since the witness is competent in this kind of professional work, we have no reason to doubt his judgment.  Therefore, I reject the defense lawyer's request.  However, I also remind all jurors that since the witness Lin Hui did suffer from severe insomnia and made wrong judgments as a result, you should take this situation into consideration and strictly control it when listening to the witness's testimony.  , in order to ensure a fair trial for the defendant.  "

    ¡°Defense lawyer, please continue to cross-examine the witness now, otherwise it will be deemed that you have given up the right to cross-examine the witness.¡±

    "Mr. Lin, you said you saw two people struggling inside the window. Did you see the faces of these two people clearly?"

    Zhou Yi smiled and said: "You live in the apartment opposite Liyou Hotel, but you are on the seventh floor, and the case happened on the eighth floor. From your position, it does not look at eye level. So I think you did not see  It looks like these two people, right?"

    "Yes." Lin Hui thought for a moment and said, "But I can still be sure that one of the two people is the deceased Huang Guangming, and the other is the defendant!"

    "Oh? What's your reason?"

    "The deceased later fell from the building. Of course there is no problem with his identity, so one of the people is him."

    Lin Hui thought for a while and said: "As for the defendant, although I didn't see her face clearly when she was fighting with Huang Guangming, she was standing in front of the window when Huang Guangming fell from the building; and at this time I  I saw her face clearly and saw her right hand pushing out like this. She is clearly the murderer who pushed Huang Guangliang downstairs!"

    In order to show that he saw it right, Lin Hui also stretched out his arm. His action was very similar to Ultraman, which was a bit silly.

    "Are you sure you saw the defendant push the deceased downstairs?" Zhou Yi suddenly speeded up his speech: "Or let me ask this, at the moment the deceased fell from the building, did you see the defendant's hand contact with the body of the deceased with your own eyes?  !¡±

    "I" Lin Hui was stunned.

    "You didn't see the defendant pushing the deceased downstairs at all! You just saw the defendant stretching her arm out the window, but you didn't see her hand making physical contact with the deceased, right?"

    "Yes! But I clearly saw two people struggling inside the window, and then I saw the deceased fall out of the window, and then I saw the defendant appear in front of the window. Her hand still kept pushing outward!  "

    Lin Hui argued: "Isn't this series of facts enough to prove that it was the defendant who pushed the deceased out? Even if I did not see the defendant's hands come into contact with the deceased at the moment he fell, there must have been contact.  Otherwise, how could the deceased fall out?"

    "So, Mr. Lin deduced that the defendant's hand came into contact with the deceased at the moment he fell from the building?" Zhou Yi said with a smile.

    "Yes, but I think it's a fact."

    "Huh? Is that so"

    Zhou Yi signaled Ma Ming to stand up, then stretched out his right hand and placed it on Ma Ming's chest. The movement seemed to push but not push, and seemed to pull but not pull.  Then he smiled and asked Lin Huidao: "Since Mr. Lin likes reasoning and judgment so much, I would like to ask you, am I going to push Lawyer Ma out now, or am I going to pull him over?"

    "this"

    Lin Hui was immediately speechless.  This question is meant to trick you.  If he answered pull, Zhou Yi would push; if he said push, Zhou Yi would pull.  It was all his fault anyway, which left him with no way to answer.

    "Mr. Lin, we are now less than five meters apart. The courtroom is brightly lit, and you cannot make an accurate judgment even if you are calm. It was early in the morning on the day of the crime, and the apartment you live in is not far from the Liyou Hotel.  At least twenty meters, and you were in a state of insomnia at the time and were extremely frightened when you saw the murder. How do you judge that the defendant was pushing the deceased away instead of trying to pull the deceased back?"

    "II don't know, I don't know" Lin Hui shook his head repeatedly.

    "Very well. Your Honor, I have no questions."

    At this time, Sun Yuqing raised his head and looked at Zhou Yi with some surprise.  Of course he knew about Zhou Yi's awesome graduation dinner, but he also knew that this was Zhou Yi's first real case, so he didn't take it to heart at all.  But after these two rounds of fighting, he found that this kid seemed to be very tough, right?

    To be honest, this case is not 100% convict. Sun Yuqing was full of confidence before and believed that Yang Caikong had his name and was a bastard among barristers. Zhou Yi was a newcomer, so he could definitely get the defendant convicted of murder.  But now after seeing Zhou Yi's performance, his confidence began to waver. Maybe it was time to get in touch with this newcomer?

    "The court will now be adjourned and the trial will continue at 2:15 p.m."

    Look it¡¯s almost time, the chief judgeThe judge announced the end of the morning trial.  This situation is very common in Hong Kong. A complex case can have dozens of eyewitnesses and expert witnesses, and the prosecution and defense can cross-examine them one by one, sometimes taking a week or even half a month.

    Because in the eyes of people in areas governed by the rule of law, the outcome of a criminal case involves a person's freedom and life and must not be taken carelessly.  Comparatively speaking, all criminal court judges in mainland China are "model workers", because courts in some areas have even created a "miracle" of hearing three or four criminal cases in one morning, and such miracles continue to occur.  , there are no other reasons: first, because criminal trials in mainland China are not defense in the true sense; second, because the performance evaluation of mainland judges is based on the 'mediation rate' for civil matters and the 'number of cases handled' for criminal matters.  Three to four hundred cases, that¡¯s advanced, don¡¯t you think so?  Just with this number of cases, it can knock out the federal prosecutors of the United States ten streets away.  It is precisely ¡®In mainland China, if you try a case quickly, you won¡¯t be defeated, and only if you try it quickly, you won¡¯t be solved¡¯!

    ps: Thanks to brother ¡®Thieves Dead¡¯ for the reward:) (To be continued)
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