CM | Chapter 46
The video of Tian Fang and Lian Qiyun finished playing, and Liu Chu quickly raised an objection, saying that the evidence had not been verified and could not be used as valid evidence.
It was not until the presiding judge宣布 a temporary recess to conduct off-site verification and determine the legality of the audiovisual evidence that the issue was settled.
The hearing resumed, and the presiding judge, the court clerk, and the others returned to the courtroom.
Liu Chu began questioning the witness: “Defendant Tian Fang, before the incident, had you been subjected many times to violent treatment by the victim Lian Qiyun, just like in the video we just saw?”
Tian Fang’s voice was barely audible. “Yes.”
Liu Chu said, “So you held a grudge against the victim Lian Qiyun, didn’t you?”
Tian Fang did not answer. She fell silent.
Liu Chu continued, “Because the victim had once treated you violently, you had long wanted to kill him in revenge, didn’t you?”
Tian Fang said, “I didn’t! I never thought about killing him!”
Liu Chu said, “So on the day of the incident, you drugged the victim and covered his mouth with your hand, didn’t you?”
Tian Fang said, “No, I didn’t!”
Xu Shuo said, “Objection!”
The presiding judge said, “Prosecutor, please pay attention to the way you question the witness.”
Liu Chu said, “Yes, presiding judge, I have no further questions for now.”
Although the audiovisual evidence had already been admitted by the court, the video was not recorded on the day of the incident. While it could prove that Lian Qiyun had a violent tendency, it was not equivalent to directly proving Tian Fang’s motive for murder.
Liu Chu pointed this out, but Xu Shuo remained calm. He had long anticipated the dual effect of this audiovisual evidence. So long as Tian Fang’s motive for the crime was established, the prosecution would seize on it and never let go.
Soon, it was Xu Shuo’s turn to question her. “Defendant Tian Fang, the video just now mentioned your younger sister Tian Tian. When did she and Lian Qiyun first meet?”
Tian Fang paused. “About half a year ago.”
Xu Shuo said, “According to your statement, you said Lian Qiyun brought up having sexual relations with the two of you sisters together. How many times did he express that intention?”
Tian Fang said, “He mentioned it twice, but I refused.”
Xu Shuo said, “And then the things from the video happened?”
Tian Fang said, “Yes. That night, he whipped me with a belt for the first time. I was injured, but he wouldn’t let me go to the hospital.”
Xu Shuo said, “After that, did Lian Qiyun try to get close to Tian Tian?”
Tian Fang said, “Yes. But I stopped him. I even sent Tian Tian somewhere else so he couldn’t find her.”
Xu Shuo said, “Then what did Lian Qiyun do?”
Tian Fang said, “He beat me again, and worse than before. I stayed in bed for three days. I didn’t dare tell anyone. Later, when I went to the company, my colleagues asked how I got the bruises on my face. I didn’t dare say anything either, so I lied and said I had been in a car accident.”
Xu Shuo said, “So on the night of the incident, Lian Qiyun whipped you with a belt again, and after the fourth sexual encounter, he used Tian Tian and the video to threaten you, didn’t he?”
Tian Fang said, “Yes.”
Xu Shuo said, “Please describe it briefly.”
Tian Fang said, “By then, I had already started bleeding down there. My body felt awful. I cried and begged him, but Lian Qiyun didn’t care. He said he wanted one more round. I told him if there was another round, I would die. Then he lay on the bed, chewing those pills while threatening me, saying that if I didn’t do the fifth round with him, next time he’d make the two of us sisters go together. And if not, he would not only post the video online, he would also find friends to come with him. He even said that his friends would be very excited when they saw Tian Tian!”
Xu Shuo said, “And then what happened?”
Tian Fang said, “I didn’t want him to keep talking. I was so scared. The moment I thought my younger sister might be treated the same way I was… I couldn’t stand it, so I rushed up and covered his mouth. I wanted him to shut up! Lian Qiyun reached out to choke my neck, and I got even more scared. I was afraid he would hurt me again, hurt my sister again… Until I found that the force of his hand around my neck was getting weaker, and then he stopped moving…”
Xu Shuo said, “You said he stopped moving. What did you do next?”
Tian Fang said, “I checked his breathing and found none. I was terrified, so I immediately performed CPR on him. But he didn’t respond.”
Xu Shuo said, “Based on what you just described, can we understand it this way? After you and the victim Lian Qiyun had sexual relations four times, you realized there was something wrong with your body and felt your life was threatened. At that moment, Lian Qiyun once again used your younger sister to threaten you, and his words were aggressive, so you instinctively reacted in self-defense and covered Lian Qiyun’s mouth. You never thought of killing him, is that right?”
Tian Fang said, “Yes… you can understand it that way.”
Liu Chu, whose expression had been complicated all along, suddenly spoke up. “Objection!”
The presiding judge followed with, “Defense counsel, pay attention to the way you question the witness. You may not use leading questions.”
Xu Shuo said, “Yes, presiding judge.”
A second later, Xu Shuo said again, “As for the point that defendant Tian Fang’s life was threatened on the day of the incident, evidence C1 is enough to prove that the violent acts Lian Qiyun committed against Tian Fang had already caused serious harm to her personal safety. In addition to the wounds caused by being whipped with a belt, the defendant also showed symptoms of internal bleeding. All of this was the result of being forced into excessive sexual acts under duress and being abused by violence. If the defendant had not taken immediate self-defense action, she would very likely have died of acute organ failure as well.”
Liu Chu spoke again. “Objection, the defense’s speculative reasoning has no basis!”
The presiding judge asked, “Defense counsel, do you have a basis?”
Xu Shuo nodded, the corners of his lips carrying a hint of a smile. “Respected presiding judge, the ‘hypothesis’ I just raised has already produced a conclusion through experimental reasoning. But because of time constraints, it was only yesterday that we obtained the experimental results from Cheng Ming, deputy director of the forensic medicine department at Jiangcheng Medical Academy. Please allow me to play this new audiovisual evidence in court.”
The presiding judge quickly approved the playback of the new audiovisual evidence. It was a simulation video made on a computer, showing two virtual figures engaged in sexual activity.
In the first four encounters, three took place in the living room, with the man in the dominant position. By the fourth time, the man had also adopted a position called “butter churner.” The video very clearly described, through both sound and image, how dangerous that position was. If the man paid close attention to technique during the act, it would not harm the woman’s health, but in the process he needed to have abundant physical strength. Yet Lian Qiyun’s body was already in an extremely exhausted state. He had no spare energy to control his strength at all, so he put all his weight on Tian Fang.
By then, the video ended, and Xu Shuo’s statement also came to a close.
Liu Chu, his brows tightly furrowed, could no longer hold back. “Objection, the defense’s audiovisual evidence is entirely based on imagination. Whether this position could actually take defendant Tian Fang’s life, the video content cannot provide definite and sufficient confirmation.”
Xu Shuo curled his lips and asked back, “So you’re saying it would only count as confirmation if my client actually died from butter churner?”
After he said that, Xu Shuo turned to the presiding judge. “Presiding judge, this audiovisual evidence was produced by Cheng Wei, deputy director of the forensic medicine department at Jiangcheng Medical Academy, at our request. Please allow Deputy Director Cheng Wei to explain it in court.”
The presiding judge said, “Given that this audiovisual evidence has a major impact on the determination of the case, the witness is permitted to testify in court.”
Cheng Wei soon came to the courtroom.
Xu Shuo had not told anyone about this move in advance. It was only after Gu Yao discovered the video of Lian Qiyun and Zhang Lichun that Xu Shuo immediately went to find Cheng Wei.
Cheng Wei had never appeared in public before. Although he was the deputy director of the forensic medicine department at Jiangcheng Medical Academy and had once provided examination reports for several major criminal cases, this was his first time personally taking the stand in court.
Actually, Liu Chu had also dealt with other experts from the Medical Academy’s forensic department in past cases. He had heard of Cheng Wei and knew that although he came from a humble background, he was astonishingly intelligent, with an ordinary face. He did not like to talk much in daily life, but once he opened his mouth, whenever it involved professional opinion, the other side would be left speechless and completely convinced.
What Liu Chu never expected was that Cheng Wei, who never came out to testify, would actually be persuaded by Xu Shuo, this little lawyer who had just arrived.
Cheng Wei sat in the witness box, pushed up the glasses on the bridge of his nose, and began answering defense counsel Xu Shuo’s questions.
Xu Shuo said, “Witness, can you explain the experimental results of this audiovisual evidence and describe the reason behind them?”
Cheng Wei nodded and quickly pointed out the dangers of this position. For example, it could cause congestion in the left and right ventricles of the heart, the endocardium and pericardium, lung tissue, and other organs, eventually leading to acute pulmonary edema and a hypoxic state. Lower-body bleeding, foaming at the mouth, convulsions in the limbs, and even terminal signs such as acute cardiopulmonary failure could appear.
Xu Shuo smiled and asked, “Do you mean that after defendant Tian Fang started bleeding from below, if the victim persisted in this position, then the defendant would show the terminal symptoms you just described?”
Cheng Wei said, “That could be said.”
Xu Shuo said, “Presiding judge, I have no further questions for now.”
Very soon, it was Liu Chu’s turn to question him. “Witness, does your simulated audiovisual evidence prove with one hundred percent certainty that the woman would definitely die from this position?”
Cheng Wei said, “Scientific experiments can prove the probability of something, but not absolute proof. The final result of my simulation is a ninety-seven percent probability.”
Liu Chu said, “The video just now mentioned that as long as the man had the technique, he would not crush her to death, didn’t it?”
Cheng Wei said, “Yes.”
Liu Chu said, “Then why did you arrive at a probability as high as ninety-seven percent?”
Xu Shuo said at once, “Objection. The witness has already answered the same question. The prosecution should not repeatedly ask the same thing.”
The presiding judge said, “Prosecutor, please pay attention to the way you question the witness.”
Liu Chu was a little unwilling. “Yes, presiding judge.”
Gritting his teeth, Liu Chu asked again, “Witness, can your simulation video prove that when the victim Lian Qiyun and defendant Tian Fang had their fourth sexual encounter, they definitely used this position called butter churner?”
Cheng Wei said, “I cannot prove that.”
Liu Chu said, “In other words, if the two of them did not use this position at the time, then the result you deduced would not happen?”
Cheng Wei said, “That could be said, but…”
Liu Chu quickly interrupted Cheng Wei. “Witness, you only need to answer yes or no.”
Xu Shuo followed, saying, “Objection, the witness has the right to answer completely.”
The presiding judge nodded. “Prosecutor, please pay attention to the way you question the witness. The witness may continue answering.”
Cheng Wei said, “At that time, defendant Tian Fang was already showing signs of bleeding from below. This was caused by congestion in the internal organs, and she needed to be sent to the hospital for treatment as soon as possible. If on that day the victim had no self-restraint and continued having sexual intercourse with the defendant, the ninety-seven percent result in the experiment would indeed have deviated. But taking other positions would also aggravate the defendant’s internal injuries and then threaten her life, and that is an unchanging fact.”
In other words, Tian Fang had already suffered internal injuries. If it could be conclusively proven that these injuries were caused under Lian Qiyun’s coercion, then self-defense could be established.
Liu Chu took a breath. He wanted very badly to refute it, but the words reached his lips and were swallowed back down. In the end, he could only say, “Presiding judge, I have no further questions for now.”
Cheng Wei’s sudden appearance made the gap in strength on Liu Chu’s side obvious.
Liu Chu was extremely anxious. His rhythm had been completely disrupted by this unknown little lawyer named Xu Shuo. This was the first time in ten years.
Next, he had to find a way to prove that all of this was not due to “coercion.”
For that reason, Liu Chu decided to summon the prosecution witness as soon as possible.
Liu Chu said, “Presiding judge, because the facts of this case are complicated, we only managed to contact a witness who is greatly related to the case yesterday. Here is her identification material. Please take a look, presiding judge.”
While the presiding judge examined the materials, Liu Chu began explaining the importance of this witness, namely Zhang Lichun, who had suddenly “disappeared” from Gu Yao’s car yesterday.
Xu Shuo raised an eyebrow and lowered his eyes without a sound.
Liu Chu subconsciously glanced at Xu Shuo. Seeing that he remained calm and collected, as if he were not panicking at all, Liu Chu suddenly felt a little uncertain.
But then Liu Chu thought, maybe this young man was just putting on a show. Zhang Lichun was absolutely the prosecution’s most favorable card. He did not believe Xu Shuo could have calculated this step as well.
After reviewing the materials, the presiding judge quickly asked for the defense’s opinion.
Xu Shuo lifted his eyelids and said, “Presiding judge, we have no objection.”
The presiding judge nodded and allowed the witness Zhang Lichun to appear in court.
Zhang Lichun walked onto the witness stand trembling, keeping her head down the whole time and not daring to make eye contact with anyone around her.
Only when Liu Chu began questioning her, “Zhang Lichun, what is your relationship with the victim Lian Qiyun? Please describe it briefly,” did she finally begin talking about her secret affair with Lian Qiyun. The whole testimony was exactly as Xiao Yunxia had instructed. In short, it was that she and Lian Qiyun were deeply in love, and it was Tian Fang’s interference that caused Lian Qiyun to leave her.
Under the prosecution’s questioning, Zhang Lichun even said that Lian Qiyun had personally told her Tian Fang had special fetishes, especially liking to be guided by violent means during sex, and also liked certain special positions.
Hearing this, Tian Fang finally could not take it anymore and shouted, “You’re talking nonsense! Why are you slandering me!”
The presiding judge immediately stopped Tian Fang.
Tian Fang’s face turned pale. She sat there helplessly until she met Xu Shuo’s gaze.
Xu Shuo very slowly blinked at her. Tian Fang’s lips moved, and she actually gradually calmed down.
Liu Chu asked, “Witness, do you mean that Lian Qiyun’s special fetishes and special sexual positions were all something Tian Fang asked him to do after she met the victim?”
Zhang Lichun said, “Yes.”
Liu Chu said, “Presiding judge, I have no further questions for now.”
Liu Chu returned to his seat with great confidence. He believed he had won this round.
Now a key witness had appeared. As long as the court accepted Zhang Lichun’s testimony, it could prove that everything that happened between Tian Fang and Lian Qiyun on the day of the incident was requested and driven by Tian Fang. Lian Qiyun had likely just gone along with her, only to take things too far and end up causing a death.
This inference also perfectly matched Tian Fang’s original statement to the police. In other words, the later recantation record she gave was simply not trustworthy.
However, just when Liu Chu was full of confidence, Xu Shuo began questioning Zhang Lichun.
Xu Shuo said, “Witness Zhang Lichun, do you know me?”
Zhang Lichun froze. She did not even dare raise her head, and quickly said, “No.”
Xu Shuo smiled. “You haven’t even seen my face clearly, and you’re already so certain you don’t know me?”
Zhang Lichun hesitated for a second, hurriedly raised her head a little, then quickly lowered it again. “I don’t know you.”
Xu Shuo did not continue to cling to the issue. Instead, he asked, “Do you know the victim Lian Qiyun’s wife, Xiao Yunxia?”
Zhang Lichun said, “Yes.”
Xu Shuo said, “Then do you know a psychotherapist named Gu Yao?”
Zhang Lichun paused again. “No…”
Liu Chu objected at once. “Objection, the defense counsel’s purpose in questioning is unclear.”
The presiding judge said, “Defense counsel, please pay attention to the way you question the witness and get to the point as soon as possible.”
“Yes, presiding judge.” Xu Shuo answered, then turned to Zhang Lichun and asked, “Witness, at three o’clock yesterday afternoon, where were you and what were you doing?”
Zhang Lichun said, “I… I was at home, packing things and preparing to move.”
Xu Shuo said, “Besides you, who else was there at the time?”
Zhang Lichun said, “Only me.”
Xu Shuo was silent for one second, then suddenly said, “You’re lying.”
Zhang Lichun jerked her head up. “I’m not, I was really at my own home!”
Liu Chu said, “Objection, the defense is making baseless accusations!”
The presiding judge also frowned. “Defense counsel, what exactly do you want to ask?”
Xu Shuo then said, “Presiding judge, I only want to prove that this witness’s testimony is not credible. Witness Zhang Lichun is not only dishonest, but full of lies. She also committed perjury after signing a guarantee in court, fabricated facts, and slandered defendant Tian Fang. Therefore, Zhang Lichun’s testimony should not be admitted.”
Liu Chu said, “I object. The defense is damaging the witness’s personal dignity!”
By this point, Liu Chu was so agitated that even “objection” had become “I object.”
The presiding judge said, “Defense counsel, do you have evidence?”
Xu Shuo said, “I have an audio recording of witness Zhang Lichun herself. Before the witness appeared in court, because this recording had no direct connection to this case, it was not submitted to the court. But now that the witness is perjuring herself in court, I ask the presiding judge to allow me to play it in court.”
After a second of silence, the presiding judge said, “The defense may play the recording.”
Xu Shuo lowered his eyes, quickly took out the recording, and turned the volume all the way up.
Very soon, two women’s voices came through the recording, precisely Gu Yao and Xiao Yunxia.
Zhang Lichun’s face turned completely white. She stared at Xu Shuo in utter shock, her vision going dark in waves. She had no idea that Gu Yao had recorded the conversation that day.
But in any case, these few words were equivalent to directly overturning Zhang Lichun’s earlier testimony. She had indeed slandered Tian Fang.
The presiding judge’s brows furrowed. While listening to the recording, he glanced at the dumbfounded Liu Chu, clearly very displeased with the witness he had brought.
Toward the second half of the recording, Gu Yao even gave Xiao Yunxia a brief psychological counseling session. Xiao Yunxia discovered that Zhang Lichun was hiding in the room, and loudly called for Zhang Lichun to commit perjury, saying that since Zhang Lichun had taken the money, she had to go to court and tell everyone that Lian Qiyun was not a pervert.
Gu Yao stopped her, but Xiao Yunxia still said, “As long as I don’t say anything and she doesn’t say anything, how would anyone know I’m forcing her?”
What followed was the confrontation between Gu Yao and Xiao Yunxia.
Only after Xu Shuo stopped the recording did he say, “Presiding judge, based on the content of this recording, which is completely contrary to the witness’s earlier testimony, it is enough to prove that Zhang Lichun is not an honest witness.”
Liu Chu said, “Objection, the authenticity of this recording has not yet been verified. It cannot be used directly to negate the witness’s testimony.”
Xu Shuo said, “Then please have the court admit this audio evidence and make a judgment during deliberation after the hearing.”
The presiding judge glanced at Liu Chu again, then asked Zhang Lichun, “Witness Zhang Lichun, do you acknowledge the recording just now?”
Zhang Lichun lowered her head and said nothing for a long time.
The presiding judge said again, “If the recording proves to be authentic, then your testimony just now would constitute obstruction of justice and you would have to bear legal responsibility. Do you understand this?”
Zhang Lichun’s body trembled. She finally lifted her head. “I… I understand… I just misspoke earlier… I… can I say it again?”
At the sound of this, Liu Chu let out a silent wail in his heart, turned his head away, and closed his eyes, unwilling to face reality.
Zhang Lichun quickly recanted in court, and her testimony no longer had any reference value. It could no longer serve as the basis for the so-called conviction and sentencing in this case.
Immediately after, Xu Shuo requested that witness Zhu Shengxi be allowed to testify in court.
Zhu Shengxi, dressed in a sharp suit, came to the witness stand. Tian Fang lifted her head as well, her gaze fixed straight on him.
Xu Shuo noticed this, but his expression did not change. He stepped forward and began questioning him.
Xu Shuo said, “Witness, please briefly evaluate the victim Lian Qiyun in this case.”
Zhu Shengxi lowered his brows and said, “At work, he was once a very outstanding employee. He relied on his own efforts to rise to a management position, and that was something everyone at ‘Jiangcheng Gene’ knew.”
Xu Shuo said, “You mean he was once, which is to say, later he wasn’t?”
Zhu Shengxi said, “Later, people in my company discovered that Lian Qiyun was suspected of stealing trade secrets and selling them to competitors. Internal investigation confirmed it, so a month ago I had the HR department send him a dismissal letter. That has already been confirmed and carried out.”
Liu Chu said at this point, “Objection, the victim Lian Qiyun’s performance at work has no direct relation to this case!”
The presiding judge said, “Defense counsel, please pay attention to the way you question the witness.”
Xu Shuo said, “Presiding judge, I can quickly prove that the victim Lian Qiyun’s performance at the company is directly related to this case. Please allow me to continue questioning the witness.”
The presiding judge said, “Defense counsel should get to the key point as soon as possible.”
Xu Shuo continued, “Witness, during the period when the victim Lian Qiyun was employed at ‘Jiangcheng Gene,’ was he involved in any private emotional disputes?”
Zhu Shengxi nodded. “Yes.”
Xu Shuo said, “Please describe it.”
Zhu Shengxi said, “According to the company’s internal investigation, during his employment, Lian Qiyun sexually assaulted his female subordinate Zhang Lichun and left behind a video. It was later discovered by an employee of my company. In addition, Lian Qiyun also used his position to develop a sexual relationship in the same way with Tian Fang, the legal assistant from Zhaoyang Law Office. All of this is absolutely prohibited by my company.”
Comments (0)
Be the first to comment!