Zain Dean conviction--fatal hit & run case PART IV

Mod’s note: This is a continuation of the Part III thread, to be found at the link below. ~TGM.

Dec 17, 2013

There was a news update on this morning. If I understand right, Zain Dean requested that his extradition appeal hearing on January 8/9 be delayed (for reasons that are not clear to me), but this was not granted by the court.

I do not get his reasoning. If the Scottish court does not want to release him on bail, and does not want to delay the extraction hearing, then the risk of him coming back here by not exactly voluntary means is fairly large. He should not waste his time and life in Scotland, but negotiate for only doing his 4 years here, and not what they are going to add on for escaping, false identity and all that. If he keeps on like he currently is, he will spend another decade in jail.

We saw Taiwan’s respect for international law with the whole Cary Sartin/Julia Cutie case where even a Park Avenue “beauty products” aristocrat with loads of money to spare couldn’t lobby to get Taiwan to extradite a mother that was wanted by Interpol, not to mention US authorities. She was portrayed by Taiwan’s green media and DPP government of the time to be a pure “Daughter of Taiwan” rather than a high price hooker that illegally ran away after losing a custody case.

Zain may be guilty, he may not be. But if I were Zain I’d be lobbying defense lawyers to bring up (a) that Taiwan has a history of ignoring such extradition requests from other parties (Julie Cutie case); and (b) the media interference.

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Unfortunately for Dean’s defense, he doesn’t seem like the sharpest bulb in the shed. I don’t get why his lawyers are so incompetent, though.

The Scottish ones?

The logic that ‘because’ Scotland is holding an international fugitive in lou of an extradition hearing is in anyway indicative that Mr Dean ‘will’ be sent back to Taiwan is absurd.

Countries in Europe always seem to play along in the extradition game. This involves securing a suspect from fleeing. They do, however, not often send their citizens off to countries that have poor human rights records and corrupt court systems. (not to mention no diplomatic relations)

At the extradition hearing, the ROC lawyers will be required to present all evidence used in the conviction. They will also be subject to ridicule for their unethical shenanigans previously and thoroughly discussed within this thread.

As an American, I’m familiar with how France often refuses to extradite murderers and child molesters back to my home country. There are exceptions, but sending your citizens off to foreign jails is a PR nightmare.

I don’t think the burden of proof was sufficient in this case to warrant an extradition. The inconclusive videos, the shady KTV gangsters, the corrupt police force , the embarrassingly inept media and the strange ‘hide the evidence’ prosecutors/courts will all culminate in a dismissal of this extradition request.

Scotland entered into this extradition proceeding in good faith, and this is what civilized countries do, but this is in no way proof that they are planning to sent Mr. Dean back to Taiwan.

T

Denmark extradited a Dane to the US for drug trafficing, and that they did in a couple of months. They held her for the duration.

Once arrived, her US lawyer got the thing struck down based on statute of limitations, so she went back and sued the Danish govt - and lost.

France is not the UK, and the legal tradition is not the same.

It’s all very hard to say, however all the bs about how shady it all was comes from Zain Dean. He is not an impartial observer.

Well, my money is on ‘he stays’

Your money is on ‘he goes’

I guess we wait and see.

Where’s Michael Buffer when you need him!

T

Read this before you jump to conclusions:

gov.uk/extradition-processes-and-review

[quote]Documents needed to make a request

Generally the information accompanying a request needs to include:
•details of the person
•details of the offence of which they are accused or convicted
•if the person is accused of an offence - a warrant for their arrest or provisional arrest (or a duly authenticated copy)
•if someone is unlawfully at large after conviction of an offence – a certificate of the conviction and sentence (or a duly authenticated copy), or for provisional arrest, details of the conviction
•evidence or information that justifies the issue of a warrant for arrest in the UK, within the jurisdiction of a judge of the court that would hold the extradition hearing

If the court is satisfied that enough information has been supplied, an arrest warrant can be issued.[/quote]

With Zain in jail, one would think the Taiwan authorities have satisfied those demands.

[quote]Extradition hearing

During the extradition hearing the judge must satisfy himself that:
•the request meets the requirements of the 2003 Act, including dual criminality and prima facie evidence of guilt (where appropriate)
•none of the bars to extradition apply (passage of time, hostage-taking or extraneous considerations)
•the extradition is compatible with the convention rights within the meaning of the Human Rights Act 1998[/quote]

OK, the lawyers representing the ROC must have to prove that velicular homicide while drunk is illegal in the UK. Brits, is it?

Does prima faciae evidence of guilt apply if Zain Dean has been found guilty twice in Taiwan? I would find that doubtful, but I am no expert. According to my reading of the UK Extraction law, it would not apply, the mere fact that he was convicted twice would serve as enough grounds for extradiction.

That would leave the last one - human rights or discrimination. That is his only card, and he is the one with the burden of proof.

Must be heavy to bear, that burden.

It is Zain’s best card to play, the media interference and assumptions of guilt along with the accusations that he wasn’t really British due to the color of his skin.

Well that’s if they first accept that the evidence was impartial and hadn’t been tampered with or selectively presented.

[quote=“headhonchoII”]It is Zain’s best card to play, the media interference and assumptions of guilt along with the accusations that he wasn’t really British due to the color of his skin.

Well that’s if they first accept that the evidence was impartial and hadn’t been tampered with or selectively presented.[/quote]

It would appear that the Scottish court will not take position on his guilt per se. This has been done before.

I don’t think any of us are really au fait with Scottish extradition law, if the media stuff comes into it that’s his trump card, because that type of activity is illegal during trial in the UK, it would result in a mistrial.
But I don’t have a clue how they scrutinise these things.

This has truly become the story that never ends.

I think there was some mention earlier of famous big fish fugitives from Taiwan.

Andrew Wang from the Lafayette scandal comes to mind. Stole amounts estimated up to 100’s of millions of USD and there was a murder related to the incident.

(There were also supposedly up to 13 suspicious deaths, the murdered victim was actually listed as a suicide until the family pressed for a review of the case)

scmp.com/article/713412/taip … rms-dealer

Did a little digging and it seems this fellow is living in the UK with his family. His daughter is supposedly well known there with her own entertainment company hanging out with the rich and famous.
zh.wikipedia.org/wiki/%E6%B1%AA% … 3%E6%B5%A6

Why not go after him?

Come on, Andrew Wang can implicate a lot of bigwigs here in murder if he feels threatened, or taken back here. Also, the Lafayette story stinks to the high heavens of collusion between the French Govt, China and Taiwan. (The 2 latter seem to have no problems cooperating in sharing loot!).

I don’t know what under table agreement Andrew Wang has with the various govts implicated in that whole affair, however one would think that he’s got some pretty good life insurance somewhere - there must be a safe somewhere with a lot if interesting stuff in it, and the Taiwanese govt probably prefers that safe to stay closed - for good.

Zain, he was a stupid foreigner driving while drunk, who lost his case twice, and likely goes back to Taiwan to sit out his sentence. He knows nothing about anyone important, so he will have to take his punishment. Nothing sinister in his case.

Excellent point. One reason might be that Wang was never tried and convicted in Taiwan. I suspect you are right about the other reasons. Taiwan has always been very half-hearted about going after him. One of the officers involved was just released from prison after nearly 20 years.

[quote=“headhonchoII”]I think there was some mention earlier of famous big fish fugitives from Taiwan.

Andrew Wang from the Lafayette scandal comes to mind. Stole amounts estimated up to 100’s of millions of USD and there was a murder related to the incident.

scmp.com/article/713412/taip … rms-dealer

Did a little digging and it seems this fellow is living in the UK with his family. His daughter is supposedly well known there with her own entertainment company hanging out with the rich and famous.
zh.wikipedia.org/wiki/%E6%B1%AA% … 3%E6%B5%A6

Why not go after him?[/quote]

Whether the media portrayed him as second class British or even an Indian mongrel is irrelevant - even more so since no jury was involved that could have been influenced by such vile racist thoughts.

What matters is whether Zain can prove that such racist thought played a role in the deliberations of the judges. Now that will be rather hard to prove as I doubt Zain was referred to as a “fake Brit” in the court transcripts.

Whether the media portrayed him as second class British or even an Indian mongrel is irrelevant - even more so since no jury was involved that could have been influenced by such vile racist thoughts.

What matters is whether Zain can prove that such racist thought played a role in the deliberations of the judges. Now that will be rather hard to prove as I doubt Zain was referred to as a “fake Brit” in the court transcripts.[/quote]

I am not a ZD supporter, but I think the point here is that the judiciary was influenced by the press. To allow a foreigner to go free after murdering a Taiwanese would be unthinkable. Now, if it was unclear what had actually happened, but in the eyes of the public - largely due to the press - that was what had happened, would that not put a lot of pressure on police, prosecutors and judges?

How about the american down douth, where there were this brouhaha about him killing a friend of his GF, or I do not know exactly what happened. The media was all over that.

OK, during the investigation, the police found that he could not have done it, so they released him without much further ado. He later topped himself, however that was in the US.

[quote=“Mr He”]How about the American down douth, where there were this brouhaha about him killing a friend of his GF, or I do not know exactly what happened. The media was all over that.

OK, during the investigation, the police found that he could not have done it, so they released him without much further ado. He later topped himself, however that was in the US.[/quote]
Clearly a case of police incompetence overwhelming their racism against foreign devils.