OPINION> FROM THE CHINESE PRESS
Driver case needs independent probe
(China Daily)
Updated: 2009-07-31 07:55

The judicial authority needs to investigate into Hu Bin's case again while ensuring the convict's family doesn't try to influence it, says an article on Justice Web. Excerpt:

The Xihu district court in Hangzhou recently announced that it was indeed Hu Bin who appeared as defendant and was sentenced for running over pedestrian Tan Zhuo while speeding in car. But the victim's father said the announcement was "meaningless" because the court hadn't provided ample evidence to prove the identity of the person.

Tan's father hoped higher-level courts would take the identity issue seriously and adopt transparent measures to investigate the scandal and clear the doubts in his and hundreds of thousands of other people's minds.

There's little doubt that the court's announcement doesn't prove anything. It doesn't explain why the defendant on the fateful day looked different from Hu Bin, either.

Hu Bin has a powerful family background, and could have got someone to replace him and serve the sentence in exchange for money.

After people, especially netizens, raised doubts over the defendant's identity, the local court did nothing except denying the charges. But such a denial can't remove the doubts in the public mind.

If a dummy was indeed used for Hu Bin, it would make the case one of the most notorious judicial scandals in China's history. And if the court knew about the swap, money and power might have been in play.

Court officials were guilty of dereliction of duty even if the court didn't know about the swap, but chose to ignore it after doubts were raised.

Either way, court officials have been exposed - at worst for connivance, and at best for inaction.

This case has passed through many judiciary procedures, which means the public security bureau, the procurator and the court were all part of it at some point or the other. So these departments should be excluded from any further investigation.

Since Hu Bin comes from a powerful family, Hangzhou government departments, too, should be kept away from the case. Instead, outside experts and organizations should be used to recheck the identity of the person who appeared in court and received the sentence.

(China Daily 07/31/2009 page9)