Social News
Written by: Chen Jiayi
2021-05-04 15:55
Last update date: 2021-05-04 16:01
Liang Zijun, a 14-year-old boy with moderate intellectual disability and autism, fell off the building in a privately-run home for the disabled 5 years ago and died. The Coroner's Court interrogated the boy’s death and revealed the boy’s hospital There is a serious shortage of manpower, and the residents have not been properly taken care of.
Coroner Huang Weiquan led the jury today (4th) to rule out the possibility of illegal homicide and suicide. After deliberation, the five-member jury unanimously ruled that Jun Jun died in an accident.
The deceased Liang Zijun (aged 14) fell off the building on the third floor of Man Shing Building, Wo Tong Tsui Street, Kwai Chung, and died on August 23, 2016.
Zijun's inadequate concept of life and death has little chance of suicide
Coroner Huang Weiquan led a five-person jury and stated that illegal homicide and suicide should be ruled out for illegal homicide, and that illegal homicide must be determined without reasonable doubt. Zijun’s IQ is about 5-6 years old and lacks a concept of life and death. There is little chance of suicide by jumping off a building.
He pointed out that the remaining conclusion is that the death was caused by an accident or the cause of death is doubtful. If the evidence is deemed insufficient and doubtful, the cause of death can be ruled as doubtful.
The jury can make suggestions
He pointed out that the jury can make recommendations to urge those with relevant powers to pay attention to the inadequacies in the work system or methods of the inquiries, such as suggesting to improve the supervision system of the Social Welfare Department, to establish a demerit system or a licensing system, and to regulate the facilities of institutions , Manpower training, etc.
He pointed out that the SWD’s code stipulates that it provides residents with social activities and other great pictures, but "you have to cook the food first, and it is difficult for a clever woman to cook without rice." This is far from reality.
He quoted Chen Weiyan, a barrister representing his family, as saying that he hopes that everyone will take a small step to produce a butterfly effect and avoid the recurrence of the tragedy.
In his statement to the jury yesterday, the barrister representing the family said that this incident was an avoidable misfortune, saying that the cause of death was human negligence and systemic negligence, and that the conditions of the institutions were below reasonable levels, including staff training, staffing arrangements and institutions. facility.
The boy Liang Zijun fell to his death at Cambridge House on August 23, 2016. The hospital was nailed by the Social Welfare Department in October of the same year. (See the picture below for details)
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The stepmother who lives in Kangqiao once saw her son hurt
Zijun's mother earlier confessed that Zijun was diagnosed with autism when she was 6 years old.
As her son grew older, she could not take care of her alone, so she arranged for him to stay in the home, and at the end of 2014, she sent Zijun to the "Cambridge House". She sent her son to the home on Monday, and picked up his son home on Friday, but she found out many times The son's hands, feet, neck and face were red and swollen. In June 2016, it was discovered that his son's face was injured. He took his son to the emergency department for treatment.
She once learned from other inmates that the driver of the hospital had painted her son's face with feces.
The son also refused to ride in the car driven by the driver and said that he was beaten with slippers by the girl from the home.
She had watched the driver push Zijun, and the girl in the courtyard pointed out that her son was naughty and was beaten.
But the mother did not dare to call the police for fear of offending the staff, for fear that her son would have no house to live in.
The dean admits that the closed-circuit television in the house is not working
Liu Jiexin, the director of Cambridge House at the time, confessed earlier that the closed-circuit television in the institution was not operating at the time of the incident. Although closed-circuit television was supposed to cover the hospital environment, there was no recording at the time, and that the system did not have this function.
Liu also said that the staffing arrangements for the residential homes met the requirements of the Social Welfare Department, but there were fewer than 6 people at the time of the incident, because the driver went to drive and sometimes the time for the staff to pick up the residents was very short.
The driver is also an employee, and will stay overnight in the home and be responsible for maintenance works.
She knew that the driver was mentally ill, so she thought he would be more patient to take care of others. When Liu Zuo confessed, she even asked whether the lawyer discriminated against the driver.
The Coroner's Court has no right to pursue criminal responsibility
Huang Guan said when guiding the jury that the Coroner's Court has limited judicial power, and the jury has no right to deal with civil negligence, criminal liability and compensation. It can independently consider the evidence in court and decide to accept all or part of the evidence to find the death of the deceased. Reasons, make a conclusion.
If the family believes that the case is criminally responsible, it can be pursued in a criminal manner.
Huang Guan pointed out that in this case, the cause of death was determined based on the standard of relative possibility, that is, it is considered that existence is more likely than non-existence, and based on evidence that is accepted as fact, a more reasonable inference is proposed, rather than a ruling based on the standard of unreasonable doubt. .
He reminded the jury that when considering the evidence of a witness, it should pay attention to the fact that the witness had forgotten the details of the case five years ago. It is reasonable for the witness to forget the details, and the mood of the witness is only one of the considerations.
He mentioned that the mother of the deceased had a stake in the institution, and she was also a mentally ill patient.
Case number: CCDI-474/201
The dean of the 14-year-old boy Kang Qiao fell off the building and died.
A 14-year-old autistic child fell into a building at Kangqiao’s home and died. The court interrogated his mother that his son had injuries.
[Kangqiao Shady] Mother painfully tells the last years before his son fell: he said he was beaten by staff and wiped his face with feces
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