I’ll show you in a second, and I agree with your statement.
I’m clocking in now to update my case. First, let me say…
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I think I need an English speaking lawyer who understands this area of law, at least for some initial advice. Any advice in this would be much appreciated ASAP.[/color]
OK, here goes…
My trial, well, the continuation of it actually because it was adjourned previously after I agreed to write an apology, didn’t go very well from my perspective. It was like a Kafkaesque joke actually. I was flabbergasted how little my right to a fair trial seemed to matter. First, the interpreter assigned this time had unbelievably weak skills. I would have done far better to defend myself in Chinese than to use his translations of my statements. But he had a hard time, as the judge kept interrupting as I tried to explain my statements to the interpreter.
Anyway, it appeared to me the judge wasn’t at all interested in hearing whether my “insult” was justified in any way, just whether or not he felt I made the gesture in anger and that somehow my having lived here for 10 years required me to be aware that I shouldn’t be rude in Taiwan. That is, he seemed only concerned with my argument that the finger is commonplace in my country, a point I only raised when explaining it was an instinctive, defensive gesture that came naturally to me when being threatened by a camera wielded by a person obviously trying to frame me as a trespasser. But like I said, my line of reasoning was not a concern of his.
So, I was found guilty in a decision announced on Wednesday I think. He fined me $5000 and I can opt for 5 days in jail. I can appeal. That’s the good news though.
My accuser immediately filed a civil suit claiming damages to reputation of $100,000.
I need legal advice on how to deal with these two developments. My thinking is now to countersue the plaintiff for whatever works, such as harassment, false accusation, defamation, racial discrimination (several other foreigners living in the neighborhood insist she picks on foreigners or at least takes advantage of their weaker defenses to harass them more effectively. She (OK, I guess I can call her by gender now that it’s been in the local papers) actually led police officers into my friends’ home recently against their resistance. Any local would surely take legal action, but that’s much more intimidating for a foreigner to do, and she seems to take advantage of this.
BTW, to all my detractors on this thread, I sincerely wish for you to meet this woman.
I need to file my appeal right away. I’ve got 10 days from the verdict. I’m meeting with a lawyer on Monday, someone who “knows” my mother in law I think. But I’m going bonkers having meetings with lawyers in Chinese. It’s almost as bad as trials in Chinese.
The problem is, I can’t afford to blow all my savings on lawyers. My wife even says that the state doens’t provide free lawyers to the defense unless the sentence is severe. I find it excruciatingly insane to think that a person could bankrupt another person simply by accusing them of something, then charging them for insultment when they react and pressing a civil suit for damages to reputation.
Can I hire a lawyer and make her pay for it if she loses?
If so, why is she so confident to advance this civil suit. Could she win that suit while my criminal conviction is still under appeal?