268 Monday's Court Hearing - Part 5
Monday, continued …
"Mr Lu, I will give you one chance to speak, as it appears your Australian Lawyer has not taken account as to why we are here.Is there anything you want to say?" asked the judge in Australia
"She is lying about the fraud, she signed them and decided she did not want them, so she has now manipulated the court.Plus, she was never meant to disclose the proceedings here.They were meant to be kept secret, that was part of the agreement.Why am I, the innocent victim here being punished, she should be the one in jail.This is not fair, and you should not be doing this. …"
"Mr Lu, you are not adding anything here, and you are demonstrating the self-centredness that Ms Jones indicated in her affidavit.You are proving her arguments.In fact, I believe that your level of self-entitlement is such that unless everything is as your demand, you will cause significant problems for whoever you see opposes you."
"That is unfair to say that."
"I do not give a care about your opinion.You will be charged with contempt, so just keep going if you want to get yourself in more trouble than you are already in.You are already looking at a jail sentence in Country X, regardless of whether that is in a prison of via home detention.I will be telling the prosecutors here to get your criminal history from Country X, and it will impact any sentence here, most likely meaning that you will have to serve a term of imprisonment."
"However, I will not be taking up more time of the court there, due to your behaviour.Given the circumstances I will allow the order to be made in the terms that have been submitted.I have concerns given the evidence and believe that you should be charged with fraud, but Ms Jones has requested that the court seriously consider not doing that.In my view she is being over generous to you."
"The orders themselves, are in the realms of what the court might order in situations where there are no children, two highly educated individuals and people that have access to significant funds post-separation.I will, however, publish reasons for allowing the orders to be made and my concerns.If, however, I find out Mr Lu that you have lied about asset values to manipulate an outcome here there are going to be consequences."
"I will be making some technical orders, not contained in the minutes filed, that will contain a provision that voids these orders, if within the next six months it comes to light that you have assets not disclosed, or calculated and indicated by Ms Jones.They will require you to pay to Ms Jones half of their value, plus a penalty of $100,000.Take it as a warning.Ms Jones, thank you for your assistance, and I assume you still have the same work email."
"Yes, your honour."
"I will email sealed orders plus the technical orders and my reasons for decision within 48 hours to both you Ms Jones, and to your Australian Lawyer Mr Lu.I would like on a personal basis, to congratulate both of you on your marriages and while I am reluctant to say so, also congratulate you on reaching a resolution on this matter.Additionally, Ms Jones, please when you are next in Australia, come and see me in chambers."
"Yes, Your honour"
"Now I do have to ask Sir, and the lawyers present there, do you have any questions to ask me about this situation."
Lu Jinhu's lawyer stood up "Your Honour, I represent Mr Lu in the criminal proceedings here.Part of the agreement was that Mr Lu would not have further criminal charges from the orders anywhere in the world.You have indicated he will face charges, which breaches the agreement."
"Sir, and please have Ms Jones email me the correct spelling of your name so that in the records I can have it recorded correctly.Mr Lu is facing charges from his actions in this hearing.Yes, the hearing comes from that agreement, but it is a totally separate proceeding."
"I do not believe the judge, or the other lawyers would disagree with the decision, particularly as I gave him multiple opportunities to cease his behaviour.He could not, and there are consequences for his actions, which he has to deal with." Finished the judge in Australia.
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