Judge Guilty of Defendant’s Death in Court

Ta Shan

PureInsight | February 11, 2016

[PureInsight.org] At 10.00am on October 19, 2015, the Chongqing Beibei District Court illegally tried Falun Gong practitioner Wang Xiaoxia for the second time. Before the trial, Wang Xiaoxia reported dizziness and a headache, yet the presiding judge Deng Haiyan insisted on the hearing and ordered family members to carry Wang Xiaoxia into court. Wang Xiaoxia became unconscious even before reaching the dock.

Her husband, family, and friends urged the court to stop the trial and send Wang Xiaoxia to hospital for emergency care. But the court did not, using the excuse that it needed the court leader’s approval. It was not until 30 minutes later, when the court leader arrived and scrutinized the scene that her family members were allowed to take her to Beibei District’s Ninth Hospital for treatment.

By that time, Wang Xiaoxia was already in cardiac and respiratory arrest, as well as suffering other serious conditions. She passed away three days later, on October 22, 2015. Her daily medication would have cost 5,000 yuan had she survived. Wang Xiaoxia was only 45 years old.

Wang Xiaoxia’s death was truly unnecessary. The presiding judge cannot shirk responsibility for her death! Had Wang Xiaoxia been rushed to the hospital as soon as she had become unconscious, she would likely have been saved. Even if she could not have been revived, at least the presiding judge would have made a humane decision in trying to seek help. Since Wang Xiaoxia had survived three days in hospital, the 30-minute delay in seeking help was likely a major factor to her death. Her death was a result of sending her to the hospital too late. Anyone would deduce that Wang Xiaoxia should have lived. Not to mention freed, because she had not committed any crime in the first place. All she had done was to distribute Shen Yun Performing Arts CDs to others.

Should the presiding judge have rushed her to hospital? What law states that one must wait for the court leader to make a decision? In court, the presiding judge handles cases independently, so why did she need to wait for such approval? Is it okay to do nothing because the life under threat was that of a Falun Gong practitioner?

The presiding judge Deng Haiyan witnessed Wang Xiaoxia became unconscious. She knew the situation more than anyone else in the courtroom. Furthermore, Wang Xiaoxia’s family had repeatedly begged the court to stop the trial and save Wang Xiaoxia. Under any other circumstance, the family would have directly called 120 or taken her to the hospital themselves. But because it occurred in court, the family had no power. Only one person had the authority to determine what would happen: the presiding judge Deng Haiyan. If she said take her to the hospital, then she could go; if she did not allow it, then no one else had a say; if she said to wait for the court leader, then they had to wait for the court leader. Even with the defendant on the verge of death, the court officers took no action for the sake of maintaining order in court. In the end, Deng Haiyan had prevented a dying person from being saved. Deng Haiyan is guilty of manslaughter.

From another perspective, the presiding judge Deng Haiyan had known that the court leader had already predetermined the length of Wang Xiaoxia’s sentence, as all illegal trials against Falun Gong practitioners are predetermined. She presided only as a formality.
Usually Falun Gong practitioners repeatedly warn the judge that even though the case has already been predetermined by higher officials and the judge is only there as a formality, this does not change the fact that the judge is in essence an accomplice. It is the judge’s name on the verdict. Then, aren’t judges being used as scapegoats? The judges know this very well, yet they still engage in illegally trying Falun Gong practitioners in court.

Deng Haiyan’s case was the same, except that it was extreme in that it resulted in death. The judge is sure to face legal consequences in the future. Equally, for all judges who have illegally tried Falun Gong practitioners do not think that just because nothing like this happened during your illegal trial, that you were just completing a task delegated by the CCP. You cannot change the fact that you were an accomplice. You judges know the crime that Deng Haiyan has committed, as well as the consequences she will face. You should treat this as an opportunity for you to awaken.


Translated from: http://www.zhengjian.org/node/150247


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