A Nepalese female security guard was charged for accidentally crossing the road five years ago. The case was tried by the then Deputy Special Magistrate He Liming. The trial lasted 20 months and lasted 90 days. The female security guard was finally found not guilty.
However, the female security guard alleged that the police officer in charge of the investigation, the prosecution's barrister, and the Secretary of Justice Zheng Ruohua were all negligent of their duties. She was maliciously prosecuted and filed in the High Court for compensation of at least 6 million yuan.
The Secretary of Justice and others earlier requested the court to remove the relevant claims.
The judge of the High Court today (16th) handed down a verdict on the case, alleging that the female security guard abused the procedure to exclude her claims and ordered her to pay more than 900,000 yuan in legal costs.
The defendants include the chief prosecutor and the secretary of justice
The plaintiff is Thapa Kamala, five defendants: Police Constable Tang Mingqi (transliteration), Police Chief Zhang Zhaohua (transliteration), two barristers Francis Haddon-Cave and Guan Wenwei, and Secretary of Justice Zheng Ruohua.
Think the prosecution is not legal
The plaintiff filed a complaint that when Tang was investigating the case, it was recorded that the plaintiff suddenly rushed out of the road, which was inconsistent with the CCTV footage on the scene.
Zhang Ze failed to properly investigate the case, so he referred the case to the Eastern District Court.
Francis Haddon-Cave and Guan Wenwei, who successively took over, knew that it was not legal to continue the prosecution; the Department of Justice is also legally responsible for this prosecution.
The master has no right to terminate the hearing
In his judgment, the judge stated that the two police officers in the case were not prosecutors, and that it did not affect whether the Department of Justice prosecuted the plaintiff, and Francis Haddon-Cave had no right to terminate the hearing.
The judge also pointed out that it is arguable that Guan Wenwei will continue to prosecute this issue even if he has no grounds, but the loss alleged by the plaintiff is not what Guan could predict.
The accusation against the Department of Justice is also unfounded.
The plaintiff loses the lawsuit and must pay the court fees
The judge then issued an order to remove the plaintiff's claim and ruled that she lost the case.
The judge also issued an order that the plaintiff must pay two police officers and the Secretary of Justice, a total of about 207,000 in legal costs; and Francis Haddon-Cave and Guan Wenwei, a total of 700,000 in legal costs.
Case number: HCA890/2020
[Case of accidentally crossing the road] A full 20 months trial sees why the case can be tried for half a day for more than a year [Case of accidentally crossing the road] 91 days of hearing the defendant is found acquitted and seeks 7-figure costs for accidentally crossing the road The prosecution alleged that the defendant was suspicious and had no evidence to show that he had paid attorney fees [Case of accidentally crossing the road] The acquittal defendant accused of malicious prosecution and required Zheng Ruohua and others to compensate 6 million
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