(Minghui.org) A hearing for 70-year-old Ms. Wang Caiyun’s case to appeal a four-year prison sentence for practicing her faith, Falun Gong, was held on November 16, 2023.
Neither the police nor the prosecutor attempted to address questions raised by Ms. Wang Caiyun’s lawyer regarding the questionable evidence presented during her trial—in particular a mysterious witness, who never appeared in court to accept cross-examination and who left five different signatures on five different forms.
Ms. Wang, of Fushun City, Liaoning Province, was arrested on May 17, 2022. She was released after 15 days of administrative detention, only to be arrested again on March 4, 2023. The Dongzhou District Court held two hearings of her case on July 12 and September 11, before sentencing her to four years with a 16,000-yuan fine around late September.
During the first hearing, prosecutor Yang Kun of Dongzhou District Procuratorate introduced a mysterious witness but did not call him (or her) to stand. The witness had the name of Xu Dawei but no other information (such as gender or age) was provided. Xu was said to have witnessed the police interrogation of Ms. Wang, and the raid of her home. Xu’s five signatures on five different forms all looked different.
During the second hearing, Yang insisted that Xu, who was not present, was legitimate despite evidence saying otherwise (Ms. Wang’s husband, who was present during the police raid, never saw anyone named Xu at his home).
Yang also presented a black-white photo of Ms. Wang walking on the street and claimed that she was distributing Falun Gong materials. However no supporting evidence was provided.
Ms. Wang filed an appeal after she was sentenced in late September 2023. The Fushun City Intermediate Court held a hearing of her appeal case at the Fushun City Detention Center (where she has been held since she was taken back into custody in March 2023) on November 16, 2023.
Presiding judge Jin Dingwei first verified Ms. Wang’s personal information. Then prosecutor Lan Longwei of the Fushun City Procuratorate read aloud the indictment used in her trial.
When judge Jin asked Ms. Wang if she had any questions about the indictment, she said the prosecution evidence included in it was all made-up by the police. She said when she was first arrested on May 17, 2022, she was buying meat for her father at the Cigou Community Fair in Dongzhou District. Officers from the Longfeng Police Station overseeing the Cigou area grabbed her bag and found a Falun Gong flyer in it. She was then given a 15-day administrative detention.
The judge attempted to stop Ms. Wang from talking, and said that what she said was not relevant to her case. Her family defender argued that it was directly related to her later sentencing.
Officers of the Dongzhou Police Station in Dongzhou District tried to explain that because Ms. Wang was arrested again on March 4, 2023 while attending another community fair in the Dongzhou District, they decided to file a criminal case against her, because of her two administrative detentions in two straight years.
When Ms. Wang’s family defender raised concerns about the alleged witness Xu Dawei’s five different signatures on five different case documents, the judge said that the Dongzhou Police Station provided their internal authentication of Xu’s signatures and witness accounts. By law, however, only independent, third-party forensic agencies are authorized to examine and verify prosecution evidence.
Ms. Wang’s lawyer added that prosecutor Yang failed to show in Ms. Wang’s trial the people who were allegedly victimized by her practicing Falun Gong or distributing information about it. Prosecutor Lan also couldn’t explain during the appeal hearing how Ms. Wang undermined the law enforcement by practicing Falun Gong. Her lawyer thus demanded her guilty verdict be overturned.
Ms. Wang also testified in her own defense and she said that she didn’t violate any law in telling people about Falun Gong. The judge didn’t respond to either the lawyers’ or Ms. Wang’s comment, but asked the clerk to make notes of their statements.
Related reports:
70-Year-Old Liaoning Woman Sentenced to 4 Years on Shaky Evidence
Prosecutor Introduces Mysterious Witness in Trial Against Falun Gong Practitioner
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