Zain Dean Reported to Have Fled Taiwan: Part 2 of the Zain Dean Saga

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Re: A Message From Zain Dean (February 1, 2013)

Postby supersupau » Fri Feb 01, 2013 17:21

maoman wrote:It will never happen. Acceptance of Dean's terms would discredit the integrity of the legal system and the police department. Because it will never happen on his terms, his conditional willingness to return voluntarily is meaningless. :twocents:

You guessed right, maoman. The Taipei Prosecutors Office just came out to say such negotiation is "out of the question" and that he should follow the proper procedures and lodge an appeal.

http://udn.com/NEWS/SOCIETY/SOC1/7677254.shtml
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Re: A Message From Zain Dean (February 1, 2013)

Postby tsukinodeynatsu » Fri Feb 01, 2013 21:03

I hope there's a full version of that in Chinese online somewhere, because ATM the medias just going off on the 'how dare he set conditions' vein.
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Re: A Message From Zain Dean (February 1, 2013)

Postby feiren » Fri Feb 01, 2013 21:25

Perhaps. But plenty of professionals in Taiwan's media have excellent English. The important points of the statement have been accurately summarized including the admission that he stole the passport.
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Re: A Message From Zain Dean (February 1, 2013)

Postby HeadhonchoII » Fri Feb 01, 2013 21:48

Definitely should have been translated into Chinese. Still who knows where fact and fiction collide. I wish the media here would look at the trial details properly but they are just rubbish.
But you got to ask yourself the question....what would astronaut Chris Hatfield do?
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Re: A Message From Zain Dean (February 1, 2013)

Postby tsukinodeynatsu » Fri Feb 01, 2013 21:54

More so that his whole story gets out among the online locals than e media.
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Re: A Message From Zain Dean (February 1, 2013)

Postby Kal El » Sat Feb 02, 2013 09:37

maoman wrote:
Kal El wrote:
Zain Dean wrote:My voluntary return would be predicated upon certain conditions:
1) That an international impartial, trusted third-party human rights organisation act as an observer to my retrial.
2) That the court proceedings be jointly monitored by this international organisation, and one of the several Taiwanese legal and human rights organisations that concern themselves with judicial fairness.
3) That an investigation be conducted on the missing traffic-camera videos—the videos that will, if they still exist, demonstrate to all exactly what transpired that night beyond a shadow of a doubt.
4) That judges can be appointed who will look first at the evidence and relevant laws first, and not hold the colour of my skin against me.

Personally, this is exactly what I would like to see.

It will never happen. Acceptance of Dean's terms would discredit the integrity of the legal system and the police department. Because it will never happen on his terms, his conditional willingness to return voluntarily is meaningless. :twocents:

Exactly.
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Re: A Message From Zain Dean (February 1, 2013)

Postby maoman » Sat Feb 02, 2013 10:14

Central News Agency wrote:Shen Lyu-shun, Taiwan's representative to the UK, told CNA that it has contacted Britain's foreign office regarding Dean's case.

According to a mutual recognition of civil court judgments signed between the both sides, Taiwan's judicial court needs to present relevant documentation to the UK's foreign ministry before the British judicial system will look into the case.

Shen said despite the existence of mutual recognition of civil court judgments, Taiwan still needs to respect the decision of the UK's judicial courts on the case.

In terms of Dean's criminal offenses, since Taiwan and the UK do not have an extradition agreement, it will be hard for Dean to be extradited back to Taiwan, Shen said.

And that's the money quote right there. Yes, there will be a flurry of indignant remarks for a few days, but this case is going to die a VERY quiet death.
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Re: A Message From Zain Dean (February 1, 2013)

Postby Kal El » Sat Feb 02, 2013 10:21

maoman wrote:
Central News Agency wrote:Shen Lyu-shun, Taiwan's representative to the UK, told CNA that it has contacted Britain's foreign office regarding Dean's case.

According to a mutual recognition of civil court judgments signed between the both sides, Taiwan's judicial court needs to present relevant documentation to the UK's foreign ministry before the British judicial system will look into the case.

Shen said despite the existence of mutual recognition of civil court judgments, Taiwan still needs to respect the decision of the UK's judicial courts on the case.

In terms of Dean's criminal offenses, since Taiwan and the UK do not have an extradition agreement, it will be hard for Dean to be extradited back to Taiwan, Shen said.

And that's the money quote right there. Yes, there will be a flurry of indignant remarks for a few days, but this case is going to die a VERY quiet death.

Would be interesting if he could be tried in a British court.
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Re: A Message From Zain Dean (February 1, 2013)

Postby maoman » Sat Feb 02, 2013 10:47

Kal El wrote:Would be interesting if he could be tried in a British court.

On what charge? :idunno:
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Re: A Message From Zain Dean (February 1, 2013)

Postby chung » Sat Feb 02, 2013 11:10

Identity theft/ passport fraud ?
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Re: A Message From Zain Dean (February 1, 2013)

Postby maoman » Sat Feb 02, 2013 11:14

chung wrote:Identity theft/ passport fraud ?

I don't believe he entered any country on a fake passport. And identity theft would have to be reported over there, right?
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Re: A Message From Zain Dean (February 1, 2013)

Postby HeadhonchoII » Sat Feb 02, 2013 11:34

chung wrote:Identity theft/ passport fraud ?


Doesn't work like that. Should Chinese citizens be charged for Chinese crimes in the UK too? Or French or German?
But you got to ask yourself the question....what would astronaut Chris Hatfield do?
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Re: A Message From Zain Dean (February 1, 2013)

Postby chung » Sat Feb 02, 2013 11:36

Maybe it doesn't work that way, but he used stolen government property to depart from Taiwan. Not sure about the UK, but a quick google search reveals the Australians define passport fraud as:

- making or giving false statements in a passport application
- presenting false or misleading documents in a passport application
- improper use or possession of an Australian passport
- selling, damaging, altering or dishonestly obtaining an Australian passport
- failure to report a lost or stolen Australian passport.
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Re: A Message From Zain Dean (February 1, 2013)

Postby Omniloquacious » Sat Feb 02, 2013 13:10

British passports are the property of the British government. Hence, Dean has admitted to stealing property belonging to the British government, and the Crown Prosecution Service should at least consider prosecuting him for that.

If he used the passport to enter the UK (which I highly doubt he did, since UK border control officers would hardly be likely to miss that), he'd be committing a serious offence that carries a maximum sentence of 10 years in jail.
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Re: A Message From Zain Dean (February 1, 2013)

Postby Zain Dean » Sun Feb 03, 2013 08:40

I've just found a few minutes to take time to review the past few days, and my searching online brought me back to the discussion here. After going through the recent pages, I felt the need to say something, that maybe helpful to others who work or live in Taiwan.

It has occurred to me that my experience of the legal process in Taiwan has been of being caught between two different approaches to applying law.

The one I am most familiar with is the one adopted by US and UK; where a trial is based on case law / strict interpretation of the law, actual evidence presented, due process, and where the media is strictly bound by rules of ethics / reporting.

The system in Taiwan is not that, it is based on a different approach; where the judge is both acting as lead investigator, jury and sentencing judge. The judge becomes the focal point. Importantly, the media is also unrestrained here, libel action is not something they fear and often the judges here feel pressure to comply with public opinion, which is being driven by a fairly homogeneous group of reporters.

My mistake was to (in hindsight rather naively) believe that I was in a system where laws and facts would be most important.

Having spent the past 15 or so years working WITH government agencies to promote Taiwan's "great social and legal infrastructure", I was quickly brought down to earth after the first day's court hearing in March 2010, where my g/f and I were hit and pushed to the ground by a mob of (primarily reporters), looking to get a rise out of me. When we finally make it back inside the courthouse, the cops on duty told me I couldn't stay, that I had to go back out. They smiled 'apologetically' as they told my g/f that the reason the mob were so excited was they hardly ever get a 'black man'.

I've been saying, from the beginning; can we have evidence, a bit of law, some mild curtailing of wild accusations in media and by prosecutors? (after all, it was the prosecutors themselves that stated erroneously at the start of the trial that they had footage of me driving the car during the accident).

I'm not perfect and I am not claiming to be. But I am not here to be tried on my entire life. That's surely a job for someone placed higher up?

Surely, the facts should speak for themselves; let the prosecutor develop a case, show the evidence. After 26 months, the police say there were no cameras working the entire length of the route to my house ... so where has the evidence gone?

2:
After 26 months, the Da'an police finally release a 'report' stating all cameras en route were missing. I have that report. I also have the screen captures taken using Google of the relevant intersections that clearly contradicts that report. (Either Google is up to something or the nice chaps at Da'an police station are.) Crucially, I also have the scan of a handwritten note written by CID police, that clearly shows that the video of the corner where I was dropped off near my house was successfully retrieved and copied to USB. This was taken from the prosecutions own file.

All this was presented in court, by my lawyer, at the end of the trial, and the judges were NOT happy to hear this line of argument ... what? that there has been some malfeasance at the Da'an police station? I then presented the newspaper article, written a week after my arrest, showing the same CID team themselves being charged with taking bribes from illegal establishments. The judges were even less happy now. But I was thinking, well I've been quiet for the past 2+ years, it's time for me to say something.

I had been quiet on advice from my Taiwanese lawyers, who kept saying, don't anger the judges by creating more media attention, etc. My foreign friends all said the opposite - get on a table, shout about this, tell the world, do a daily blog, etc.

Anyway, I'm just sharing this to get this off my chest. I've been humbled, humiliated and robbed. But I am not down, I am not out.

The poor family of the deceased motorcyclist Hwang have also been robbed and abused. They were robbed of their son, and abused by politicians looking for exposure (Lin Rui-tu / 林瑞圖). At one point, what was that being said in the media? They said that; "Zain Dean stated in private conversation with Lin Rui-tu that he would not compensate Hwang's family for more than the price of a cow in India" (!?). Fact checking anyone? It's no wonder the whole country was up in arms.

There have been no winners here.

Anyway to this day, I am not 'angry' at anyone in Taiwan. It was unfortunate the way my life ended in Taiwan, but I am not bitter; on the whole, the time I spent there was excellent, and I met a lot of really good people, both Taiwanese and foreign. When I look back I focus on the good healthy memories, and there were lots of those.
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