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

Discussion Open Forum
521

If I understood correctly, and if I now remember correctly,

(1) it appeared that the Supreme Court allowed the Scottish Lord Advocate’s appeal, contrary to the Scottish High Court’s denial (I don’t know whether the correct terminology would be “set aside the Scottish High Court’s denial of permission to appeal,” but I think it amounts to something like that);

(2) the Supreme Court disagreed with the Scottish High Court’s opinion that extradition under the circumstances would run contrary to human rights principles;

(3) the Supreme Court reversed the Scottish High Court’s judgment (“reversed” would, I think, be the U. S. term in this situation); and

(4) I’m pretty sure the Supreme Court remanded (U. S. term) the case back to the Scottish High Court (if the Supreme Court didn’t say so explicitly, I think I read somewhere that that’s what they’re supposed to do).

In the meantime, though, I thought that the extradition had hit some other kind of snag a while back, but I somehow had the impression that the snag was not necessarily a permanent one (either I forgot what the snag was, or I didn’t understand it properly to begin with, or I misunderstood it altogether and it wasn’t even really a snag).

I haven’t been keeping up with the matter lately, but unless something has happened while I haven’t been paying attention, I think it’s still sort of up in the air. I won’t be surprised, though, if I find out that I’m wrong, one way or the other (i. e., if I find out that he’s definitely going to be extradited, or if I find out that he’s definitely not going to be extradited).

Edited to add:

I found the thing that I thought was a snag (to me, it doesn’t really look like much of a snag now). Taiwan filed another extradition request in 2016, on new grounds (his escape). This is the picture caption of a BBC piece from October of 2017:

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522

Hmm, you’re right, it’s from 2016. I misread that as 2017 somehow.

523

People are just arguing about the extradition system, not actually defending the guy as a person, right? This is over 500 posts, but just from the little I’ve read about him he seems like an awful waste of a person.

524

Read it again the saga is long and complex. Involving the poliCe and judicial system. Not so simple as what you boil it down to.

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525

Whether he is wrong or right is irrelevant. On a macro-level, it is about whether or not Taiwan deserves to have nationals from first world Europe being extradited to a justice system that has a lot of problems and that often does not play ball with Western jurisdictions or respect INTERPOL warrants.

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526

Sure, and for the record I have been an antagonist when it comes to Deans statements. But I don’t assert anywhere near 100% certainty.

IMO he has served more time than was even he was originally sentenced to. Time to move on. I don’t like there is no resolution, no guilty party found, no compensation to the family. But I am not really interested to hear he has or has not been extradited to Taiwan.

527

Yes the irony is that with all the legal loopholes he may end up spending far more time behind bars then the original sentence. He may have already spent more time behind bars then the original original sentence. Wasn’t he sentenced to something like 18 months and he appealed and got 4 years? The danger of an appeal in Taiwan !!

So hopefully after hes spent 4 years total behind bars SOMEWHERE, Taiwan will just let it go. Taiwan doesn’t want to allow him to live in Taiwan I don’t think? Just want to jail him and deport him i think at this stage.

I wonder if he had served his original sentence in Taiwan, would he have been allowed to stay on? Being a permanent resident, or would he have been deported?

I think, just a thought here, that he would have been allowed to stay. Provided he was able to fork over some money for the family.

Anyway hindsight and all.

Guess he should not ever set foot on the rock again. Seems he won’t get extradited, but this extradite or not thing could see him behind bars for say ten years total? Before someone, say the TW govt says OK, we withdraw the extradition petition (and they may NOT).

Stuck between UK redtape and TW redtape. What a place to be (not) !

528

Looks like he has been out on bail for some time with the tw govt still trying to extradite him

He’s served pretty close to original sentence it seems

529

That article’s bullshit. Regardless of the many issues with Taiwan’s justice system Dean killed a man, tried to hide the fact and fled the country by manipulating a hapless backpacker. Zero sympathy for whatever happens to him.

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530

From 2017, case failed.

High court appeal seems to have failed too.

First you need to check the actual status of the case. :slight_smile:

You can’t say ‘regardless of the issues’, either you get a fair go at justice or you don’t . It’s up to the judiciary and police to put together a proper case to convict and the media to stop using racial language. Obviously the British courts are having a hard time justifying extradition .

Dean is well dodgy, he probably did it, but I want to see a justice system working to get that conviction . Foaming at the mouth is not good enough.

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531

At any rate I think he didn’t get away scot free

He served over two years behind bars

Maybe best to let him fade away at this stage

Long as he’s not dumb enough to try to come back to the rock under a new name

532

Interestingly his extradition has mainly failed on the issue of Taiwan’s prison conditions and that he was singled out for special treatment. Even though they offered him better prison conditions the court thinks he will be a target because of that and his infamy. It wasn’t a a unanimous decision .

Tommy , we will never seen Dean here again if the extradition bids all fail, he’s dumb but he’s not that dumb.

533

I forget now, what sentence did the “hapless backpacker” get? The guy that gave his passport to Dean?

534

This is why the Taiwan appeal failed in the high court.

'She concluded that the special conditions being offered to the appellant would cause significant animosity (para 47) and that this would place the Taiwanese authorities in a difficult position. Lady Paton found that the exceptional arrangements would not remove the real risk of treatment incompatible with article 3 due to overcrowding and understaffing, meaning that it was highly doubtful that the prison would have the capacity to protect the appellant (paras. 51 and 52). Further, if the appellant stayed in his cell for safety reasons, he would not be able to work and thus earn parole; would not be able to exercise; and would in effect be held in solitary confinement (para. 53). If he were, however, to leave his cell he would risk his safety. Lady Paton was also concerned by the lack of sufficient medical staff and the lack of an established UK or international monitoring system for the prison (para. 55).

The majority therefore concluded, on the basis of evidence which was not available at the initial extradition hearing, that the appeal under section 103 should be allowed (para.59).’

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535

Hey guys, it’s me Dain Zean! And this time, I have a mustache!

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536

Dastardly double dash.

537

Yer so mean.

But yeah, for those in the know, ZD is a big stinky pile of poo.

538

And so many of us are in the know. He lived 5 minutes from me and drank in the same bar.

539

There ya go.

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540

Sentenced to a life time of Dumb?