【禁闻】谷开来庭审承认杀人 诸谜团待解开

【新唐人2012年8月10日讯】备受外界瞩目的薄谷开来涉嫌谋杀案,庭审一天后宣告结束,谷开来没有对检控方指控她的故意杀人罪提出反对,她的家人也没有出现审判现场。外界指出,这个案子的审理像事先安排好了的,背后还有很多谜团需要揭开。

8月9号,安徽省合肥市中级法院一审公开开庭,审理了被告人薄谷开来、张晓军故意杀害英国人尼尔•伍德一案。合肥市人民检察院认为,被告人薄谷开来、张晓军采取投毒手段杀人,应当以故意杀人罪追究其刑事责任,薄谷开来是主犯。

审判下午结束,法庭宣布择期宣判。

据媒体报导,谷开来没有对检控方指控她的故意杀人罪提出反对,她的辩护人为她辩护声称,薄谷开来在作案时控制能力弱于正常人,但她有检举他人的重大立功表现,请求法庭判决综合考虑。

被告人薄谷开来、张晓军及被害人尼尔•伍德的部分亲友、英国驻华使领馆官员、人大代表、政协委员及各界群众140多人旁听了庭审。但是,美联社、BBC、合众国际社、欧洲时报等数十家外媒记者,被挡在法院大门外而形成庭审时外面的围观者,一半是记者,一半是便衣。

大陆安徽人士:“实际对薄谷开来开庭审判我个人不是太感兴趣,因为她是共产党体制内狗咬狗的结果。我个人来说,杀人偿命。无缘无故的剥夺别人的生命,应该是判死刑的。”

不过,香港《开放》杂志总编辑金钟表示,这种法律的审判和真正的司法独立,以公平、公正、公开的原则审判是完全不一样的,给人的感觉是“结果早就定好了,只是走过场。”只是对外面有一个交代。

金钟:“从辩护律师可以看得出来,谷开来不会有死刑。当然他要走一走这个过程,把这个过程走得像那么回事一样,然后最后宣判。”

南京律师张赞宁也表示,这个案子只是表面按着法律规定的程序在走。只让事先安排好的人参加,拒绝海外媒体旁听,违反公开审理原则。

江苏维权律师张赞宁:“因为审理像这样一类重大案子,包括对四人帮的审批,都是事先安排好了的,调子都已经订好了。这是我所知的。”

大陆民权律师唐吉田认为,从事前披露委托辩护人的情况,以及参加旁听人员来看,只能说是部分公开审理。是当局从如何有利于掌控局面、引导舆论,这些角度去做的安排。

大陆民权律师唐吉田: “不管它是一个所谓普通刑事案件也好,还是在案件之外有其他因素,但是最关键的一点,要满足公众的知情权。并且最大限度的让法官、法院在法定的职权内发挥作用,才能够确保这个案件真正发挥它的法律乃至于社会积极作用。”

美国“乔治梅森大学”教授章天亮认为,从媒体公布谷开来是杀人主犯来看,谷开来可能会被判死刑。但这背后还有很多问题需要澄清,比如,谷开来与英国人到底有什么样的经济冲突,她当时杀人的动机是什么?薄熙来与此案有什么关系等等。这些问题不解开,只处理谷开来,大家很难满意。

美“乔治梅森大学”教授章天亮:“薄熙来对谷开来这个事情是不是知情不报,当时王立军为什么跟薄熙来翻脸?为什么他没有向周永康去求救,而是跑到美国领事馆。”

不过,有消息显示,谷开来的罪行还涉及将被迫害致死的法轮功学员遗体非法贩卖给外国公司,并从中牟利。而这些遗体被制作成人体标本,已在世界各地公开展出。

看来,谷开来案子的水到底有多深,还需要时间来揭开。

采访/朱智善 编辑/宋风 后制/肖颜

Gu’s Murder Trial: The Doubts Remain

On her murder trial, Gu Kailai did not object
the charges of her intentional homicide.
None of her immediate family members
attended the hearing.
Commentators say the trial seemed to have been
well pre-arranged, leaving great many mysteries uncovered.

On August 9, Hefei Intermediate People’s Court tried
Gu Kailai and Zhang Xiaojun for killing UK’s Neil Heywood.
The court claimed the accused should be prosecuted
for criminal culpability in intentional homicide.
Gu Kailai was the principal offender
in this joint offence.

The trial ended in the afternoon.
The verdict will be delivered at a later date.

Media reported that Gu Kailai did not raise objections
to the accusations of intentional homicide.
Gu’s government-appointed lawyer claimed Gu’s capacity
for self-control was “weaker” when committing the crime.
And that Gu had made major contributions
by reporting offences of others.
Gu’s defender asked the court to take into account
all these factors for the formal verdict.

Over 140 people attended the hearing, including relatives
of Gu Kailai, Zhang Xiaojun and Neil Heywood.
The British Embassy’ and Consulate officials
were present too.
Journalists from over dozen foreign media, including
AP, BBC, UPI, was not allowed to enter the courthouse.

Citizen (Anhui Province): “I’m not interested in Gu’s trial.
It’s just like a dog being bitten by another dog within the Chinese Communist Party (CCP).
I personally believe in ‘life for a life.’ Arbitrary depriving
someone of his life should get the death sentence."

Jin Zhong, Hong Kong’s Open magazine’ chief editor,
didn’t see an independent judiciary in this hearing.
The result seemed to have been “decided well in advance,
but just going through the motions,” said Jin Zhong.

Jin Zhong: “Gu’s defense lawyer’s remarks showed
that Gu wouldn’t be given the death penalty.
Of course, they had to go through the motions,
and then wait for the court verdict."

Nanjing-based lawyer Zhang Zanning agreed
that the trial of Gu Kailai was a mere formality.
Only pre-arranged people were allowed to be present
at the hearing, which rejected foreign media to attend.
This is against the principle of public trial,
Zhang remarked.

Zhang Zanning: “All major cases similar to this, such as
the trial of the Gang of Four, were pre-arranged.
The official tone was all set in advance,
I know that.”

China’s human rights lawyer Tang Jitian said,
the trial could only be viewed as partially public.
The CCP authorities disclosed the defense lawyer,
and prearranged who will be in the public at the trial.
This was intentionally done by them to keep control
over the situation and guide the public opinion.

Tang Jitian: “It makes no difference whether it’s
an ordinary criminal case or a more complicated one.
The most important point is that the public
should have the right to know.
And maximum freedom should be given to the judges
and the court to play their statutory role in the case.
Only by doing this,
could the trial’s positive role be ensured.”

Zhang Tianliang, professor at George Mason University,
thinks that Gu Kailai may face a death sentence, as Gu was reportedly identified as the “main perpetrator.”
But a lot of problems behind-the-scene
need to be clarified, Zhang said.
For example, what kind of economic conflicts have aroused
between Gu Kailai and Briton Neil Heywood?
What were Gu’s motives for the murder?
How was Bo Xilai linked to this case?
Without addressing these suspicions, only giving verdict
to Gu Kailai will not possibly satisfy the public.

Zhang Tianliang:"Bo Xilai knew about Gu Kailai’s crime,
but didn’t report it.
Why did Wang Lijun fell out
of Bo Xilai’s good books at that time?
Why didn’t Wang Lijun go for help to Zhou Yongkang,
but choose to flee to the U.S. Consulate?"

Sources revealed that Gu was also implicated in illegal sale
of bodies of persecuted Falun Gong practitioners to foreign companies for profit.
These Falun Gong practitioners’ bodies were turned
into human specimens for public display around the world.

This is just the tip of Gu Kailai’s case.
How deep is this iceberg under the water?
The world is waiting for some time now
for more truths to be unveiled.

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