(Minghui.org) The Maoming City Intermediate Court in Guangdong Province ruled on October 27, 2023, to uphold the guilty verdict for local resident Mr. Lin Wu for his faith in Falun Gong, a mind-body practice that has been persecuted by the Chinese Communist Party since July 1999.
Presiding judge Zhang Chi, judges Li Jinjie and Liang Dongqing, assistant to the judges, Lin Xiaoqun, and clerk Chen Ye signed the ruling. They arrived at their decision without holding a hearing as requested.
Mr. Lin, 59 and a retired sailor with China Cosco Shipping Corporation Limited, Guangdong Branch, was arrested on August 14, 2020. Officers Fan Laibiao and Mo Liaowei of the Qijing Police Station submitted his case to the Maonan District Procuratorate. Prosecutor Yu Huadan returned the case to the police on September 18, 2020. The police fabricated more evidence and resubmitted the case on November 17, 2020. Yu indicted Mr. Lin on January 2, 2021, and the Maonan District Court held a trial on May 17, 2023. He was sentenced to four years with a 15,000-yuan fine on July 28.
Mr. Lin hired a new lawyer to represent him in the appeal case. The lawyer went to the Maoming City Intermediate Court at the end of September 2023 to review his case file. Judge Zhang insisted that the lawyer review the file under a surveillance camera and not make copies of the contents. The lawyer responded that no law imposes such constraints and that Zhang was infringing upon his right to defend his client. Zhang would not budge and the lawyer left without reviewing Mr. Lin’s case file.
The lawyer submitted a written request to have an open hearing of Mr. Lin’s appeal. He highlighted the trial court’s violations of legal procedures in his request:
- No evidence for the prosecution was ever presented at the trial, hence, the evidence should never have been used to convict Mr. Lin.- The court ignored the lawyers’ request to invalidate many pieces of prosecution evidence which the police had obtained from Mr. Lin through coercion and other illicit means.- Pan Peide, who was listed as the prosecution witness, alleged that Mr. Lin had given him Falun Gong informational materials. Pan, however, was never called to the stand to accept cross examination during Mr. Lin’s trial.Additionally, when the police resubmitted Mr. Lin’s case to the procuratorate on November 7, 2020, the new evidence included contradicted what was in the initial case. There were inconsistencies regarding Pan’s identity and testimony. The court, however, failed to address the discrepancy and used Pan’s testimony to convict Mr. Lin.- The Maoming City Police Department, which oversees the Qijing Police Station that arrested Mr. Lin, was listed as the agency that examined and verified the prosecution evidence. By law, only independent, third-party forensic agencies are authorized to authenticate prosecution evidence. The court, however, used the Maoming City Police Department’s verification of the evidence to convict Mr. Lin.- The court failed to prosecute Mr. Lin in a timely manner as required by law. They received his case in January 2021 but did not hold the first hearing until May 17, 2023. His lawyers had repeatedly requested that he be released on bail, especially given that he suffered from high blood pressure, heart conditions, and other symptoms. The court denied the requests and had an ambulance on standby during the May hearing and a subsequent sentencing hearing on July 28, 2023.- The court also failed to notify Mr. Lin of his court date in advance. He and his two lawyers were repeatedly interrupted during their defense arguments. Only two of Mr. Lin’s family members were allowed to attend his hearing, while the rest of the seats (nearly 50) were occupied by people arranged to be there by the authorities.
Mr. Lin’s appeal lawyer demanded that his wrongful conviction be overturned and that he be compensated for the injustice inflicted upon him.
The lawyer also filed a complaint against judge Zhang for not allowing him to review and copy Mr. Lin’s case file without surveillance. He urged Zhang to promise to him in writing to respect his right to review and copy his client’s case file.
The lawyer vowed to continue his efforts to hold Zhang accountable if he failed to address his concerns. Zhang ignored him and ruled on October 27, 2023, to uphold Mr. Lin’s guilty verdict without holding a hearing. His lawyer received the ruling in the mail in mid-November 2023.
Mr. Lin is likely still in the Maoming City First Detention Center. His losing his appeal dealt another blow to his four children, whom he brought up all by himself after his wife, also a Falun Gong practitioner, died as a result of the persecution years ago.
Related reports:
Having Lost His Wife to Persecution of Falun Gong, Retired Sailor Gets Four Years for His Faith
Guangdong Man Detained for His Faith—Family Files Complaints Against Key Perpetrators
Detained Despite His Heart Condition, Guangdong Man Faces Trial for Practicing Falun Gong
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