Facing a Hostile Judge, Lawyer Defends Practitioner According to the Law
(Minghui.org) Falun Gong practitioner Hu Huoying from Jiangxi Province was put on trial on December 7, 2012 in the Duchang County Court. Her lawyer from Beijing defended her and pleaded not guilty. When the lawyer pointed out that the court proceedings violated the law, the presiding judge berated him incessantly.
At around 8:30 a.m. on the same day, the Duchang Court assigned almost all police from the county National Security Brigade to prevent the public from being present in the courtroom. A few people still managed to enter the courtroom, and several of Hu Huoying's relatives also attended as observers. Besides the presiding judge, there were also two other judges present.
Hu Huoying Asked Why it was Wrong to Follow "Truthfulness, Compassion-Forbearance." The Presiding Judge was Speechless.
Hu Huoying was escorted to the courtroom in handcuffs. Following a strong request from her lawyer, the handcuffs were removed.
In court, Hu Huoying described her mental and physical changes after practicing Falun Gong. She had suffered from tumors for many years, but after practicing Falun Gong the tumors had disappeared. She also recovered from a mental collapse following the loss of her child. Her mental state had undergone enormous changes after practicing. Because she benefited so much from the practice, she dedicated herself to practicing Falun Gong and becoming a good person following the principles of Truthfulness-Compassion-Forbearance.
Hu Huoying said she was persecuted after July 20, 1999 for practicing Falun Gong, in ways that included harassment, arrest, detention, and fines. She has been detained five times. During the period of the 2008 Olympic Games she was sentenced to four years of imprisonment. She was arrested and put on trial recently, following just one year of freedom.
Hu Huoying said she was charged twice with the "crime" of "disrupting social order" and "utilizing an evil cult to sabotage the implementation of the state's laws." She asked the court what law she broke. She cultivates to be a good person assimilating to the principles of Truthfulness-Compassion- Forbearance, and told others that "Falun Dafa is good." What is wrong with that? Freedom of speech and freedom of belief are a citizen’s rights enshrined in the constitution. Owning Falun Gong informational materials is not against the law.
Lu Huadong, the presiding judge, had nothing to say facing Hu Housing’s self-defense.
Presiding Judge Yells Three Times in Response to the Lawyer’s Reasonable Requests
Before the lawyer from Beijing started his defense, he requested three things of the court. First, forming a collegial panel; second, reexamining the computer confiscated from Hu Huoying to see whether any material in it was illegal; third, witnesses needed to come to the court to testify. The witness statements provided by procuratorial agents did not have legitimacy without their signatures.
According to the audience, the presiding judge, Lu Huadong, shouted at the lawyer after the lawyer brought up each request. He not only refused the reasonable requests, he also made trouble for the lawyer, saying his signature was different than the signature on the certificate.
Lawyer Points Out That Falun Gong has Spread Rapidly, and Is Popular
The lawyer then presented a rational defense for Hu Huoying's innocence. He pointed out that all the orthodox religions have suffered persecution in history, but none of them failed due to persecution. Falun Gong has spread rapidly and become popular. Whether people accept a faith should be judged and chosen by the individuals. No one else has the right to judge for another, not to mention any political group. How can a secular regime understand faith? It does not have the ability to judge the good or evil of a belief. Arresting, accusing, detaining, and putting Falun Gong practitioners on trial deprive them of their human rights. Falun Gong practitioners have freedom of belief and freedom of expression, which are protected by the constitution. This is also the consensus reached by modern humanity.
The lawyer also pointed out that the charges of "utilizing an evil cult to sabotage the implementation of the state's laws" itself is a problem. The prosecutor didn't establish which law was sabotaged. Without a victim this cannot be a crime. Persisting in her belief, explaining the truth, and making materials to spread the truth is for safeguarding the freedom of belief. This is perfectly legal, and is purely a personal act of faith, which should be protected by the law. It is a lawful behavior that belongs to practitioners' personal rights. It’s a civil behavior, and the public authorities have no right to interfere.
Lawyer Stresses that Police Officers, Prosecutors, and Judicial Personnel Involved are Suspected of Crimes
The lawyer also stressed that the judicial officials were suspected of discriminatory and violent behavior against the plaintiff. When Hu Huoying was put on trial and sentenced, the judicial official abused his power and distorted the law, knowing perfectly well that Hu Huoying is innocent, but still had her investigated, intentionally distorting the facts and law in a criminal trial to commit injustice. So the police officers, prosecutors, and judicial personnel in this case are all suspected of crimes.
During the course of the trial, the defense lawyer was interrupted by presiding Judge Lu Huadong unreasonably. He made things difficult, and even shouted at the lawyer. He also once asked the lawyer whether he was counterfeit. The lawyer said he had defended dozens of people, but had not encountered this kind of illegal and outrageous conduct in court.
The trial lasted from nine o'clock to eleven o'clock. The so-called judges couldn't come up with a legitimate response, and finally had to adjourn the hearing.
Duchang Court, Jiangxi Province:
Lu Huadong, presiding judge, Criminal Presiding Judge :86-13,907,202,528 (Cell)