Spanish Surfer Stabbed by Fishermen in Kenting


#21

Thank you. Yes I hired a lawyer who says that now we have to wait until the prosecutor call us. He also said that the prosecutor will call in 3 to 6 months from the time in which they received the case. During this time I will not know if they will raise a case for attempted murder or not, but it seems a long way for things to cool down and evidences to be jeopardized. For example, the chest wound could have been examined by a forensic doctor to see with which part of the weapon I was stubbed with, although by looking at the weapons, at the attached image that I took and at the report saying that the wound went into the lung and near the heart it seems obvious… Well, the police didn´t have it so clear…

.


#22

Well I think they will be prosecuted. There’s no way that they could walk off like this.


#23

Thank you for the advice Brian Jones.
This is what I learned with this experience. Taiwan is in many instances a modern country, but their judicial, police and who knows what else is not so modern. The behavior that you have just explained is proper from banana republics and such a like corrupted type of countries that there are around the globe.


#24

I hope so Gain, not just for me and this situation, but to send a clear message that if you do things like what the 4 attackers did, you will pay regardless who your family knows, who was the victim and so on.


#25

Have you been to the prosecutor’s office? That’s usually where the prosecution process begins.


#26

Maybe he’s been following his lawyer’s advice so far.


#27

apple daily this to the moon and back yo. what would be this guys fate if it was the foriegner doing the stabbing here? walking around a free man like these taiwanese stabbing fishermen? hhHhahhhahaahHAAHAHAHAHAAAAAAAAAAAAAaaaaaaaaaaaa!


#28

I’d just like to say that I hope you get justice in this case. These neanderthals deserve to do some hard, hard time.


#29

3 to 6 months before they can be charged with attempted murder? That doesn’t seem right.


#30

No, and my lawyer said that it could take from 3 to 6 months…


#31

Really sorry to hear about your situation. Apart from the physical pain that’s a terrible psychological ordeal to go through.

I don’t know what it’s like in Pingdong regarding the police and the Prosecutor’s Office - but if it’s anything like Taidong where it’s rotten to the core then it’s gonna be hard-going.

The initial police response you’ve had is quite typical and worries me that it might be indicative of what’s to come - as you mentioned, surely, with the amount of evidence available, they should have rounded them up on the spot and charged them - and now you have to wait 3-6 months for the prosecutor to investigate!?

My guess is they will try to fob you off and tell you that there’s no certainty that they can get a conviction and maybe there will be an offer of some money in return for you dropping the charges. But if they do have some guan xi with the cops then you may struggle to get even that.

Wish i could be more optimistic - maybe times have changed - and the publicity that the case has had might discourage the police from brushing it aside…

Good luck and keep us posted


#32

I’ll need to know more details to tell what the situation is like. I suspect that your case might have been put into 他字號 (one of the case files), which is why it’s taking so long.

According to the information I could find, they said that the culprits reported themselves to the police right after the incident. That’s all I could find really.

I wish you good luck and I sincerely hope that your lawyer is a good one.


#33

Thank you for sharing your story with us.

If you’re worried that evidence will be destroyed, you can apply to a court for “perpetuation of evidence”, but it may be a struggle.

Btw, is your lawyer also from Hengchun? :ponder:


#34

I think Zain Dean was detained on March 25 or 26, bailed on March 27, and formally accused (the Taipei Times used the term indicted) on April 20. That would be, I guess, 25 to 27 days between being suspected and being formally accused. Of course there are considerable differences between the two situations.


#35

No, from Kaohsiung.


#36

I am wondering if the Taiwanese fisherman who tried to murder the surfer were arrested and prosecuted. Been more than 6 months…


#37

Can @NachoPR update us?


#38

I looked for court cases, but I couldn’t find anything (maybe I didn’t search right or didn’t read right, though).

I used this URL to get access to the Judicial Yuan’s cases:

http://jirs.judicial.gov.tw/FJUD/FJUDQRY01M_1.aspx

I used that particular URL because it allowed me to use Google Translate in the Chrome browser (thanks to @olm for that information).

I chose the Pingtung District Court, and I put in a range from, I think, April (04) 1 (01) of last year (Republic of China year 106) to February (02) 8 (08) of this year (Republic of China year 107) and then changed the end date to February (02) 7 (07) (I know, both end dates are impossible, but I haven’t slept yet, or that’s my excuse).

I think I used the keywords inicio and inecio (supposedly one of those is the victim’s given name), and I think I also used the word prio (I guess his surname?), but I got no result for any of those. I tried 西班牙 on both criminal and civil. For criminal, I don’t remember getting anything, and for civil I got some lawsuit having to do with contracts, or fraud, or something like that, and the events in question in that case occurred before 2017. I tried 衝浪 (surfing? surf?), and I got, I think, a criminal case, but as far as I know, it didn’t directly involve something that happened at or around a time in which someone was surfing or fishing.

Somewhere in my searching I got a lawsuit involving a beating and a person from Spain, but the injuries seemed different, and I don’t think it had anything to do with surfing or fishing.

(Edited to add: I just now noticed that the hospital report reproduced in this thread gives the victim’s name as Ignacio and Ignaecio. I searched the civil and criminal cases in the Pingtung District Court with those two names, but I got no result.)

(Just as a side note, in case anyone ever uses that website: When I got cases, I had trouble using Google Translate to translate the text of the cases in the Chrome browser, until I clicked the link to print the text (located in the upper right area of the page; the Chinese characters are 友善列印). Then I could translate it in the Chrome browser.)


Taiwan court directory (Cole case)
#39

Belay my above post.

I’ve pasted the case below (I’m not sure how I missed it, but it was certainly a big mistake, and I apologize for it).

Incidentally, it looks as if NachoPR is writing as I post this, but I’ll post it anyway. I’m sure he can give better information than I can, but this case might help.

臺灣屏東地方法院 裁判書 – 刑事類
【裁判字號】 107,原附民,4
【裁判日期】 1070201
【裁判案由】 請求損害賠償
【裁判全文】
臺灣屏東地方法院刑事附帶民事訴訟裁定
107年度原附民字第4號
原 告 IGNACIO [surname(s) deleted by Charlie_Jack]
被 告 吳志明
李仁傑
蔡孟其
曾振益
上列被告等因本院106 年度原訴字第32號殺人未遂案件(偵查案
號:106 年度偵字第3613號),經原告提起附帶民事訴訟,請求
損害賠償,本院裁定如下:
主 文
原告應於本裁定送達後拾日內,補正提出我國語言之訴之聲明,
並按被告之人數提出繕本共肆份。如逾期不補正,本院將駁回原
告之訴。
理 由
一、按因犯罪而受損害之人,於刑事訴訟程序得附帶提起民事訴
訟,對於被告及依民法負賠償責任之人,請求回復其損害。
前項請求之範圍,依民法之規定;提起附帶民事訴訟,應提
出訴狀於法院為之。前項訴狀,準用民事訴訟法之規定;訴
狀及各當事人準備訴訟之書狀,應按他造人數提出繕本,由
法院送達於他造,刑事訴訟法第487 條、第492 條、第493
條分別定有明文。又法院組織法第99條規定:訴訟文書應用
我國文字。但有供參考之必要時,應附記所用之方言或外國
語文。是法院如依個案具體情形認為有參考之必要時,自得
命附帶民事訴訟之原告將其起訴狀翻譯成我國語文,並按他
造當事人之人數,提出繕本,藉以平衡兼顧雙方當事人權益
之保護。
二、按當事人書狀,除別有規定外,應記載下列各款事項:四、
應為之聲明或陳述;書狀不合程式或有其他欠缺者,審判長
應定期間命其補正;因命補正欠缺,得將書狀發還;原告之
訴,有起訴不合程式或不備其他要件之情形者,法院應以裁
定駁回之。但其情形可以補正者,審判長應定期先命補正,
亦為民事訴訟法第116 條第1 項第4 款、第121 條第1 項、
第2 項前段、第249 條第1 項第6 款所分別明定。
三、查原告IGNACIO [surname(s) deleted by Charlie_Jack] (下稱IGNACIO )於民
國107 年1 月24日就被告吳志明、李仁傑、蔡孟其、曾振益
等涉犯殺人未遂案件,在本院審理中,提起刑事附帶民事訴
訟,請求損害賠償,經本院於107 年1 月25日收受,惟該起
訴狀內之「訴之聲明」為英文,其聲請顯然不合法定程式,
為免被告吳志明、李仁傑、蔡孟其、曾振益不解其意,故原
告IGNACIO 應將前揭「訴之聲明」之訴訟文書譯成我國語文
,同時依被告人數共4 人提出繕本共4 份,由法院送達於他
造,方符刑事附帶民事訴訟之起訴程式。故依前開規定,將
其繕打之訴之聲明「Supplementary Civil Action」影印發
還,裁定命原告應於收受本裁定後10日內,補正提出我國語
言之訴之聲明,並按被告之人數提出繕本共4 份,逾期未為
補正者,本院將依前開規定,以起訴不合法律上之程式,予
以駁回。
四、爰依刑事訴訟法第492 條第2 項,民事訴訟法第116 條第1
項第4 款、第121 條第1 項、第2 項前段、第249 條第1 項
第6 款,裁定如主文。
中 華 民 國 107 年 2 月 1 日
刑事第五庭 審判長法 官 簡光昌
法 官 陳茂亭
法 官 李宗濡
以上正本證明與原本無異。
不得抗告。
中 華 民 國 107 年 2 月 1 日
書記官 林靜慧


#40


Hello everyone, here is an update on the case: A criminal Court proceeding has started and the 4 fishermen are being charged with attempted murder. On our last Court appearance more than two months ago the Defendants showed up with a lawyer and they lied saying that they waited for 2 hours to talk to me and that they came to talk to me with the weapons at issue. Then they say that I fought with two of them while another looked and the other cant remember anything. I was told by my lawyer that it was very obvious that they were lying (I cannot understand Chinese). They don´t deny therefore attacking me but they say that they didnt hit me much and that they did not stab me on the chest. The Judge postponed the case to ask for medical reports, the doctor´s statement, the witness who saw the attack and the police who analyze the DNA statement. On my next Court date this should be ready plus I will have to testify.
It seems it is taking long, but I will be ready for my next Court appearance. Hopefully soon.