236 Court - Part 5
Friday, continued …
"The culminating incident that has led us to here was an assault that occurred on Madam Hou in the police station, by two officers, who by the way, have already indicated they will be pleading to charges relating to that assault.Madam Hou was lucky in that she only suffered a concussion, broken leg, cuts, scratches and bruises.However the investigations located evidence to support all the charges."
"In questioning the police officers they admitted to a telephone call with Mr and Madam Lu, in which there was indirect incitement for them to assault Madam Hou and an implication that there would be benefits to both officers for doing this.Added to that Madam Lu made a number of social media posts that support the charges of bribery"
"In respect to the assault charges, CCTV footage exists of the assault on Madam Hou at the Key Plaza Hotel and there are approximately 100 witness statements regarding the events at the theatre.Those would form the basis of the assault charges against Madam Lu."
"However for Mr Lu, he is Madam Hou's former partner in Australia.There has been evidence discovered from police in Australia that evidence four separate incidents of violence against Madam Hou.Madam Hou's employers recorded in their employee records 40 separate occasions where they believe Madam Hou attended her employers business premises with signs of injury they believe were caused by incidents where Mr Lu as violent towards Madam Hou.This history combined with the two assaults is the basis for the aggravated violence towards a former partner."
"In respect to the slander charge, both Mr and Madam Lu have repeatedly accused Madam Hou of lying to obtain Family Law Orders in Australia that revoked orders, they claimed Mr Lu had legitimately obtained.The content of these orders required a forensic analysis of what is alleged to be Madam Hou's signature on the document."
"Madam Hou's employers who act for her in the family law proceedings provided a copy with the forensic analysis of what is claimed to be Madam Hou's signature.Its conclusion is that it was not Madam Hou's signature.The report and the process contained in it has been verified through the National Prosecutors Office as a correct and legitimate report. Those two things combined, supported by the ongoing verbal abuse of Madam Hou, sustain the slander charge.
"In respect of the corporate espionage charge, Hou Enterprises have been conducting an internal investigation of leaking of corporate and personal information.The result of the investigation over the last three weeks have determined that both Mr and Madam Lu have co-opted now former employees of Hou Enterprises to pass information about CEO Hou and the activities of Hou Enterprises.The police reviewed all that evidence and the statements obtained and there is the view that it supports the charge."
"Additionally, in speaking to the National Prosecutors Office, it has been made clear if Mr and Madam Lu will not plead to the charges that are acceptable to both them and my clients, they will take over the prosecution and it will be shifted to the capital to link in with that prosecution on the basis that it will be the best use of the court's time."
"Further, if the matters do not resolve fully today, my clients would find it acceptable for both Mr and Madam Lu being out of jail, but on very specific conditions to protect Madam Hou and prevent them fleeing the jurisdiction.These conditions would be requiring Mr and Madam Lu to surrender to the court all passports, including Mr Lu's Australian Passport, that other than in the court precincts they do not come within or remain within100 meters of Madam Hou,"
"That distance, would be able to shrink to 5 metres if they are at the same societal event, as if this matter ends up in the capital it may be months from a resolution and Madam Hou, in particular believes there are events that they should be able to attend.The final provision would prevent Mr and Madam Lu commenting on this case to the media or using social media platforms for any reason."
"We would request a breach of these provisions automatically the arrest and immediate jailing of them until the next court date.My clients would also be agreeable to a restriction on them discussing the case.However there would need to be an exemption in that for dealing with the Australian Court Proceedings."
Turning to Lu Jinhu and Yang Lin's lawyer the judge asked "You have heard what has been said, what is your client's position?"
"Sir I will need to consult me clients.Please give me ten minutes."
The judge paused."Gentleman I have a number of other matters needing court time this morning.I will adjourn this matter until 2pm.Both parties need to discuss the matter to see is a mutually acceptable plea agreement can be reached.Both Lawyers need to be ready to address me on where you see this matter going if there is no agreement today.I also will require, Mr Nang, confirmation in writing from the National Prosecutors Office of their intention to take this matter to the capital to align with that of the police officers who assaulted Madam Hou.If I suspect, by the time you come back today that no agreement will be reached quickly, I will have this matter shifted to the capital for the national prosecutors office to deal with directly.And To all parties, absolutely no posting about this matter on social media OR talking to the media."
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