Wrong side of the law

By Liang Chen Source:Global Times Published: 2012-12-14 20:50:05

Li Zhuang. Photo: CFP
Li Zhuang. Photo: CFP

 

Former defense lawyer Li Zhuang arrived for a court appearance in Chongqing Municipality on the foggy morning of November 29, having been summoned from Beijing by local authorities - as a defendant.

A judge from the Chongqing No.1 Intermediate People's Court contacted Li on November 22 saying that the court wanted to hear his objections to a sentence that put him in prison over two years ago.

Li, 51, had lodged a complaint with the Supreme People's Procuratorate against Chongqing policemen for allegedly "bending the law for personal benefits" on November 12. His complaint was passed down to the local court.

Li experienced a flood of memories when he set foot in the southwestern city surrounded by mountains, the site of a case that changed the course of this Beijing lawyer's life.

Two years ago, he was sentenced to 18 months in prison for fabricating evidence and encouraging Gong Gangmo, a former client and mobster who was arrested during Chongqing's crackdown on organized crime, to perjure himself in court. Li was also disbarred as a result of the case. Li denies any such wrongdoing.

"To fulfill the task of making a false charge against me as instructed by high-level officials, the Chongqing policemen who took charge of my case have violated the law," Li wrote in the indictment.

After claiming that Li had told him to lie in court, Gong - who was convicted of nine counts including organized crime, murder, possession of illegal weapons and drugs - was sentenced to life imprisonment, while two men who acted under his orders were put to death.

Reclaiming innocence

Clearing his name has become Li's top priority since he was released from prison on June 11.

Li said he has sent pieces of evidence, including minutes from secret meetings in which members of the press were instructed to defame him, to the supreme procurators.

  The former lawyer also submitted video clips of his meetings with Gong, according to the Southern Weekend.

 "These videos can prove I never told Gong to lie and how the police prevented me from visiting him," Li said confidently.

In the past few months, Li's life has changed greatly. Since being freed, he has been invited to give speeches and seminars at universities and law schools. He has also been interviewed extensively in the media, including people.com.cn, the official website of the People's Daily.

Some netizens have accused Li of using media exposure to affect the outcome of his pending case, but he says he is mostly motivated to improve the Chinese judicial system.

"Whether I am innocent or not is not the point. I want to show the public that there were injustices in the [anti-mafia] campaign, and it is important to expose them publicly. This can also help improve the development of the legal system," Li told the Global Times.

After having worked on one high-profile anti-mafia case, Li has special insight into the matter.

 "Most of the convicted criminals were bad guys, gangsters, but that doesn't mean there wasn't any corruption in the handling of these cases. We have to redress the mishandled cases to ensure the justice of the law," Li said.

Li has agreed to look into the cases of at least 40 people, including local policemen, who say they or their relatives were wronged in the anti-mafia campaign in Chongqing.

Most surprisingly, Gong's brothers even approached him for help.

"They apologized for what happened and asked me to be Gong's attorney again," Li said, adding that he accepted.

According to one of his brothers, Gong Gangmo was beaten and tortured by the local police until he agreed to make a false charge against Li, the Southern Weekend reported.

Prison 'break'

Born in Shijiazhuang, Hebei Province, Li earned a reputation as a lawyer who had grown very successful defending clients charged with committing crimes by taking advantage of their positions. Most of his clients were acquitted.

Born into a family full of police officers and judges, Li had a unique presence in the courtroom, where most lawyers behave with a degree of restraint.

"He was eloquent, sometimes boastful. He acted very confidently in court. His brazen words and behavior in front of the police, court and prosecutors easily made them feel challenged," a Bejing lawyer who refused to be named told the Global Times.

Before taking on Gong's case, Li said he was busy with his practice and had no concerns outside of his own career. His only purpose, he said, was to fulfill the needs of his clients.

"I used to take a maximum of four cases at a time, and I worked hard day and night to satisfy my clients," Li said.

However devoted he was to his clients' needs, everything changed in 2009 when he finally became a prisoner himself.

Li referred to his stint in prison as "taking a break." He read all types of books ranging from history, politics, philosophy and religion to love stories.

Prison made him begin to see a bigger picture to the field of law.

"I had been buried in lawsuits and had no time to read before I was put in prison. Books have opened a new door for me," Li said. "I began to consider the orientation of the country's law system. How can we build democracy and a legal system that ensures people's rights in China?"

Spurred on by his newfound vision of a better legal system, Li has assigned several of his assistants to looking into the cases of those who claim to have been wronged in the campaign against organized crime. He even ignores the threats that come along with his new goal.

"People leave me private messages on Weibo saying if I pursue justice for myself and others in Chongqing, they'll hurt me," he told the Global Times. But he claims that nothing scares him. Once he even received a blade via special delivery from an unknown source, and he didn't even bother to look at it.

"I'm getting used to it. Those threats are paper tigers," he said.

Apology demanded

Despite Li's efforts to build a corruption-free justice system, many in his field are not standing behind him, and it's not because they don't share his goal. After being convicted in February 2010, he appealed the decision. As the case had drawn much media attention, fellow lawyers attended the trial with the intention of speaking up for Li. Much to their surprise, the defendant confessed to the crime in front of the court.

It became clear to many that Li had made an about-face in order to get a lighter sentence.

"After claiming to be innocent, when we come to defend you, how can you admit to crimes to benefit yourself?" Zhang Sizhi, China's most eminent lawyer, said in reaction.

However, Li took his confession as a clever tactic. "I just wanted to shorten my prison term, so I could come out of prison as early as possible and collect evidence so I could prove my innocence," Li said.



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