Volume 1 The First Battle of Public Welfare Chapter 26 The Key Evidence of the Decisive Battle
The immature and crisp voice couldn't help but echo in the courtroom, like waves hitting Wu Kaiming's inner defense. Lu Youliang and other members of the collegial panel deliberated for a little bit, and then announced in a loud voice: "The collegial panel agrees with the prosecution's opinion! The defendant's request for suspension is rejected, and the two lawsuits coexist, and this court will now continue to hear the case of the Jingang City People's Procuratorate v. the defendant Jingang City No. 4 Middle School, which damaged the atmosphere and soil environment and infringed on the social and public interests!"
Wu Kaiming's hands were tightened, knowing that it was not easy to arrange for Wu Aimei to file another civil lawsuit, and it was impossible to delay the progress of this public interest lawsuit, President Chen's time is becoming more and more urgent, and there are many media today, this case is fermenting on the Internet, and it is even more difficult for Chen Zhijun's image to be good, he asked himself, is it really only a matter of being soft and mediating with the prosecution?
Wu Kaiming thought firmly: "No, there is still a chance, as long as the appraisal report that the runway meets the national standard is not broken, there is still a chance to turn the tide." β
And Zhang Ruiming in the auditorium breathed a sigh of relief, Zhang Liang performed well, withstood Wu Kaiming's chaotic battle, and the next step was to deal with the appraisal report last time.
Then, returning to the cross-examination procedure, under the auspices of the presiding judge Lu Youliang, Zhang Liang began to cross-examine the appraisal report submitted by the defendant last time: "...... As we all know, polyurethane is the traditional material with the largest market share, and it is also the protagonist of the recent 'toxic runway'. The main sources of the odor of the plastic runway are chloride, residual free diisocyanate (TDI), residue of some solvents (toluene, xylene, etc.), residual organic lead, residual sulfide in black particles, and bromobenzene additives in polyurethane (PU) glue......"
"Wait a minute, you prosecutors don't need to go into too much detail, the specific chemical terms and process flows, etc., can be reflected in the cross-examination opinions submitted. Lu Youliang interrupted Zhang Liang's statement for the sake of the smoothness of the trial.
"Good...... Okay, Presiding Judge, I'm ...... Briefly, "Zhang Liang has not fully adapted to the brutal litigation battle in the trial, and she looked a little nervous after being interrupted by the judge, she opened the information notes, Zhang Ruiming carefully pasted a few random stickers in the footer of the information prepared for her, and gave some small tips, just for fear that she would encounter nervousness in the trial, forget the words, etc., this small piece of paper reminded her to take a deep breath and press 1, 2, 3, and point statement. Seeing this, Zhang Liang looked at Zhang Ruiming in the auditorium gratefully.
Then Zhang Liang calmed down and said: "Once these substances exceed the standard, it will cause dizziness, vomiting, fainting, difficulty breathing, and even cancer and leukemia for people who are active on the runway. In the report on the four poisoning runways put forward by the opposing party's agent in the last trial, the test results of benzene, toluene, xylene and other harmful substances were qualified, but the children still generally showed symptoms, which shows that new harmful substances have been added to the runway. Before our Jingang Municipal Inspection, we found an inspection and appraisal report on the plastic runway of Jingang No. 4 Middle School in Jingang City, which was commissioned by the Jingang Urban Construction Bureau. According to the report, a new hazardous substance, polycyclic aromatic hydrocarbons, was detected in the samples of the plastic runway of Jingang No. 4 Middle School. β
Zhang Liang said while submitting the inspection and appraisal report found by the prosecutor. This thin few pages attracted the attention of most of the audience.
"This is the inspection and identification report of the new harmful substance polycyclic aromatic hydrocarbons. It is an important piece of evidence in this case, which was found by our prosecutor after the adjournment of the first trial of this case, and is a newly discovered evidence, which is very important enough to overturn China's GB/T14833-2011 standard. β
Zhang Liang took out a thick stack of information and introduced: "This is the standard and international standard for synthetic substances such as plastic runways adopted by our prosecutor in various countries in the world, which highlights the strict control of polycyclic aromatic hydrocarbons, which is the biggest difference from China's GB/T14833-2011 standard, these foreign standards are indirect evidence in this case, which can support the toxicity of polycyclic aromatic hydrocarbons, please adopt the collegial panel." We have reason to believe that in the "toxic runway" pollution case of the No. 4 Middle School, the leukemia suffered by Wu Xiaoqin, the most serious victim, was caused by this pollution source called polycyclic aromatic hydrocarbons!"
As Zhang Liang finished speaking, there was an uproar in the auditorium of the trial court, benzene, toluene, and xylene have always assumed the role of "the culprit", and in various reports, people are taking stupid substances as the pollution source of the "toxic runway", because this is the GB/T14833-2011 standard focuses on the detection of objects, that is, the national standard has always been the main test item is this kind of substance, and Zhang Liang provided the new inspection and identification report this time, completely overturning the national standard standard, pointing to a new pollution source.
Wu Kaiming was even more shocked and inexplicable, how could there be a second inspection and appraisal report? This kind of inspection and appraisal of toxic substances on the plastic runway requires a very long time, at least more than three months, and it is because he was prepared in advance that he was able to sneak attack the evidence in the last trial, and how could the prosecution have made it in just one month? If they had prepared as early as themselves, they would have already taken it out at the last trial.
Wu Kaiming did not believe that this report was true, and immediately raised an objection to the collegial panel: "As far as I know, the time required for the inspection and identification of toxic substances on the synthetic plastic runway will take at least three months, and the inspection and appraisal report submitted by the Jingang City Procuratorate is likely to be forged, and it is impossible for the prosecutor to make an inspection and appraisal within a month so quickly." β
Zhang Liang smiled at this time: "Of course we will not make it within a month, this report was half a year ago, but at that time one of the parameters has not attracted people's attention, we compared some international standards, only to find that this parameter exceeds the international standard, this parameter is polycyclic aromatic hydrocarbons." β
"A report half a year ago?!" Wu Kaiming took the inspection and appraisal report handed over by the clerk, and took a closer look, the cover of this report reads "Jingang Construction Engineering Quality Inspection Center on Synthetic Material Toxicity Analysis Report", and it is indeed a subordinate unit of the Urban Construction Bureauββ Jingang Construction Engineering Quality Inspection Center, Wu Kaiming immediately opened it to see, the client is the Jingang City Administration, the inspection object is the plastic runway of the fourth middle school of Jingang City, and the commission time is really more than half a year ago, that is, the inspection and identification of the runway just after the completion of the construction, this is the acceptance inspection report of the Urban Construction Bureau of the runway of Jingang No. 4 Middle School!
Unexpectedly, the report for so long was turned out by the prosecutor, Wu Kaiming finally understood in his heart, and then carefully checked the project parameters, and sure enough, he found a key English parameter PAHP in it- The abbreviation of PolycyclicAromaticHydrocarbonsPAHs, which means polycyclic aromatic hydrocarbons, most of the parameters of the report provided by the prosecution are consistent with the inspection and identification report used to prove the sneak attack in his first trial, except for this PAHP, and then it was used by the prosecutor to make a big fuss, Wu Kaiming hated to think that almost the same thing, different angles of interpretation, can produce such a big difference.
Zhang Liang took advantage of the momentum and continued: "The word 'environmental protection' is not dead, it is development. Some of the problems that have arisen are related to standards, and some are not. Before 2003, we did not limit the environmental indicators of the runway, but there were no 'toxic runways'. Now that there is someone, someone has added new materials. Therefore, our prosecutor believes that the appraisal report submitted by the opposing party's agent last time cannot accurately reflect the true harm of the 'toxic runway', the standards adopted by it can no longer apply the new environmental protection requirements, and cannot prove that the damage that has occurred is not related to the 'toxic runway', and we recommend that the collegial panel reject it!"
Zhang Liang's statement this time was concise and powerful, and Zhang Ruiming also gave her a thumbs up and praised her in the audience.
Wu Kaiming didn't expect that the biggest threat would come from this little girl who seemed to hate immaturity, and he couldn't believe that he, as a big man in the industry, was actually stunned by this little girl. It's no wonder that he missed, in the past month, he stared at Zhang Ruiming's eyeliner report and didn't find that Zhang Ruiming had gone to collect this evidence, he has always been mainly afraid of Zhang Ruiming, and he didn't pay too much attention to the beautiful little girl next to him, in the past month, a lot of eyeliner has been placed around Zhang Ruiming, but he didn't send anyone to keep an eye on this Zhang Liang. I think Zhang Ruiming must know his plans, so he deliberately arranged for her to secretly do this inspection and identification, and used himself as a bait to divert the tiger from the mountain, which attracted most of Wu Kaiming's attention, so that there was the current scene.
"What do the defendants think about the public interest litigation plaintiff's cross-examination opinions and the new evidence submitted?" Lu Youliang turned to Wu Kaiming and asked.
Could it be that the general trend has gone, Wu Kaiming's heart was gloomy, but he still had to fight hard: "My defendant raised an objection, Article 43 of the "Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings" stipulates: If the evidence provided by the parties after the expiration of the time limit for presenting evidence is not new evidence, the people's court will not accept it. As for the new evidence presented by the prosecution, the time limit for presenting evidence has been seriously exceeded, and it is hoped that the collegial panel will not accept it. β
However, Lu Youliang's answer made Wu Kaiming's last hope come to naught, "According to Article 125 of the Civil Procedure Law, this new inspection and appraisal report submitted by the prosecution is new evidence, and the collegial panel accepted it." β
This answer is like a hammer on Wu Kaiming's heart, Wu Kaiming is an old man, today's defeat has been decided, and many media at the scene have also aroused his suspicions, he can't become a joke for others to publicly humiliate, if he is declared defeated in court. It was a complete failure.
Looking at the current situation, there is such a multimedia today, it is estimated that it has received rumors, and it is likely that the verdict will be announced in court, which will be a complete loss, the matter is big, and President Chen's personnel transfer will definitely be affected.
Now there is only one way, that is, no matter how costly it is, it will be taken.
"We hope to apply for mediation. Wu Kaiming slowly stood up and said slowly and heavily to the presiding judge Lu Youliang.