"Mr. Zhang, what do you do?" Prosecutor Sun Yuqing began to guide witnesses to testify.

"Oh, you all know, I'm the caretaker of the Liyou Hotel. ”

"According to the police investigation, Liyou Hotel often has guests opening rooms, looking for 'beauties', and engaging in immoral sex trafficking, isn't it?"

"Hey, you're knowingly asking, which hotel in Mong Kok doesn't do this?"

"That's it?" Sun Yuqing said with a smile: "So as the administrator of the Liyou Hotel, do you know the deceased who has been a 'groom' for many years?"

"Of course I know, he often brings 'Beauty' here. ”

"In the early morning of March 13, 2013, the deceased Huang Guangming brought a few beauties?"

"Oh, he brought two of them one after the other. One is a little girl named Meimei, and the other is an adult, called Shui Mei. ”

"Oh, Sister Shui, is she in court now?" Sun Yuqing said, "Can you identify it?"

"Now, that's her. Zhang Shui pointed to Qin Shuimei, who was standing in the prisoner's pen.

"What did you see before the deceased fell from the window of room 801 of the Liyou Hotel?" Sun Yuqing pointed at Qin Shuimei and said loudly: "Did you see that the defendant and the deceased had a fierce quarrel, and then the two walked into room 801 one after another?"

"yes, I saw it very clearly. Zhang Shui nodded.

"Then can you recall how long after the defendant and the deceased entered room 801, the deceased fell from the building?"

"About five or six minutes," Zhang Shui recalled: "Then I heard screams coming from room 801, I pushed the door to look, and found that the deceased was gone, and the defendant was standing in front of the window in a very panic." ”

"Very alarmed?" Sun Yuqing smiled: "Why do you want to describe Qin Shuimei like this, can you tell me why?"

"Needless to say, there was only her and the deceased in the room at the time, as well as one of the 'beauties' under the other groom, but that befriend had taken a lot of drugs, and I am afraid she couldn't stand steadily. Apparently she pushed the deceased downstairs, the deceased Huang Guangming, I know, that guy doesn't know how afraid of death, he will never commit suicide. Obviously, Qin Shuimei pushed him downstairs, and they quarreled before they entered the room. She killed someone, of course she would have panicked. ”

"I'm against it!" Yang Cai raised his hand to oppose it, but it was Zhou Yi who stood up. In the Heung Kong court, only formal barristers have the right to raise their hands to object, but when stating the reasons for their objections, they can be made by trainee barristers, and of course any consequences will be borne by formal barristers.

Zhou Yi stood up and said, "I oppose the chief prosecutor guiding witnesses to make too subjective judgments!"

"The opposition is valid. The presiding judge nodded slightly. said to the jury: "The subjective judgment of the prosecution witness Zhang Shui just now does not need to be used as the basis for the jury to decide the case, and you do not need to memorize or record it. ”

"Mr. Zhang, how old are you this year?" When it was the turn of the defense to cross-examine the witnesses, it was Zhou Yi who stood up and asked again, and the presiding judge frowned slightly, looked at Yang Cai twice, but did not say anything.

"I'm 46 years old. Uh, isn't there any witness information?"

"Of course. I've read the information, but I'm just asking you to check again. Zhou Yi smiled: "May I ask if in your 46-year-old life, have you encountered something very terrifying or difficult to deal with, which makes you panic?"

"Of course there is?" Zhang Shui was stunned. I didn't understand why Zhou Yi asked like this.

"Oh, yes, did you kill someone at the time?"

"No, I haven't killed anyone! What nonsense are you talking about! I'm against it. ”

"Oh, since your panic is not the same as killing someone, then why do you think that the defendant showed a panicked expression at the time of the crime? Could it be that she panicked when she saw Huang Guangming jumping off the stairs and committed suicide, or panicked when she saw a third person pushing the deceased down the stairs? You just saw her look of panic at that time, and you judged that she had killed someone. Isn't that too arbitrary?"

Zhang Shui lowered his head: "Yes, I'm a little arbitrary." ”

"Thanks, I have no further questions. Zhou Yi smiled at the jury. Sometimes the jury is influenced by the prosecution and defense or by witnesses, and this influence cannot be dispelled by a single word of guidance from the judge, so he must ask Zhang Shui to admit his error in judgment in person in order to be completely relieved.

This is also why in the courts in Hong Kong, some prosecutors or lawyers know that the questions they raise will be objected to by the other party and will be declared 'valid by the judge', but they still insist on asking questions, and even finish the questions quickly after the other party raises objections, which is a technique to influence the jury. In magistrates' offices and district courts, where juries are not required, no lawyer will do that.

The second prosecution witness is the certified public accountant, under the guidance of Sun Yuqing, his testimony compared with the transcript provided by the police, there is no contradiction, and it is more detailed, such as when the deceased Huang Guangming fell from the building, he saw very clearly that Qin Shuimei leaned out of the window at that time, and his right hand was stretched forward.

Although the time of the crime was early in the morning, Mong Kok is the famous 'Kowloon City That Never Sleeps', the lights at night are as bright as day, he can definitely see all this, and Zhou Yi has probed with his mental power to make sure that he is not lying. However, not lying does not mean that his judgment is correct, and it is the responsibility of the defense lawyer to find out the error in his judgment.

If combined with his testimony, there is a high probability that the jury will find that Qin Xiangling's murder of Huang Guangming is convicted. After all, jurors are people who have nothing to do with the legal circle, and they cannot be expected to make precise judgments like judges or lawyers. This is also the most interesting part of the common law system, where the jurors are all blank sheets, and it depends on how the lawyers portray them.

"Mr. Lin, you are a certified public accountant and a professional, and you usually have a lot of pressure at work, so you often lose sleep, right?"

"Yes. The witness, Mr. Lin, nodded.

"How long have you been suffering from insomnia?"

"About three years. Speaking of this, Accountant Lin shook his head.

"It's been three years?" Zhou Yi nodded: "In these three years, you have to work during the day, but you have insomnia at night, that is to say, your rest cannot be guaranteed, and you have been in a situation of lack of energy and serious reduction in judgment for a long time. Isn't it?"

"Of course not, I have taken my pills and I've been professional. ”

"Perhaps, within your area of expertise, you may still have a way to keep working as normal, but what about outside of your field of expertise?"

Zhou Yi took a stack of materials from Ma Ming's hand: "Your Excellency, I have here a copy of the police dispatch records of the Mong Kok Branch and the Fire Department, which prove that it was at about 12 o'clock in the evening on July 7, 2012, that is, two weeks before the occurrence of this case. The witness, Mr. Lin Hui, had been getting up in the middle of the night to cook noodles because of insomnia, and he was about to eat something. Sleep better without the help of sleeping pills. However, when he boiled the noodles, he completely forgot about it, and as a result, the noodles were scorched and smoked out. Mr. Lin actually called the police at that time, saying that there was a fire in the building where he was located, which caused the police and firefighters to run in vain, wasting police resources. Mr. Lin, is there such a thing?"

"Yes. But"

"Nothing!"

Zhou Yi interrupted him and said, "Ordinary people often forget that they have boiled water and cooked noodles, but when the water dries and the noodles are burnt, they will definitely make accurate judgments. They will not make a mistake in judgment like a witness and call the police! This can only show that the witness is in a bad state of mind because of long-term insomnia. So much so that it seriously affected his judgment. Obviously, the witness, Mr. Lin, is not fit to testify at all!"

"I'm against it!"

Sun Yu knew early in the morning that Zhou Yi would make a big fuss about this matter, how could he not be prepared? He immediately got up and retorted: "The witness is a professional. Although he suffered from long-term insomnia, he was able to do his job properly during his illness. In fact, just a year ago, the witness also participated in the bankruptcy liquidation case of Shunxing Company, and there were no mistakes or omissions, and the subjective speculation of the defense lawyer not only lacked factual and scientific basis, but was also unfair to the witness. ”

"Your Excellency, I have here a copy of the medical history of the witness Lin Hui in the past two years, and it is clearly written in the doctor's diagnosis column that 'the witness has suffered from long-term insomnia, which has led to a decline in spirit and health index, and it is recommended to recuperate.'"

Zhou Yi again submitted a document to the court: "Unfortunately, the witness has never accepted the doctor's advice, not only did he not go to recuperate and rest, but his work has become more and more heavy. Yes, at present, the defender has not found any mistakes or omissions in the field of work, but please do not forget that the judge and the jurors should not forget that the witness is already a senior accountant, not only has a lot of experience, but also has the help of a team behind him. In other words, the witness in his own field of work is relying on his long-term work experience and team strength to offset the adverse effects of his long-term insomnia, but when he wants to judge things outside the field of work, or even testify against others to commit crimes, his work experience and team can no longer help him. Therefore, I request the court to disqualify Mr. Lin as a witness, otherwise it will be the greatest injustice to the defendant!"

After carefully reading the materials submitted by Zhou Yi, the presiding judge said: "I believe that although the witness Lin Hui suffered from long-term insomnia, it did not affect his work. Accounting work, on the other hand, is a highly specialized mental work, and since a witness is competent for this kind of professional work, we have no reason to doubt his judgment. Therefore, this table rejects the request of the defence counsel. However, I would like to remind all jurors that in view of the fact that the witness Lin Hui did suffer from severe insomnia and made an erroneous judgment as a result, you should take this situation into account when hearing the testimony of the witness and strictly grasp it in order to ensure a fair trial for the defendant. ”

"Defense lawyer, I now ask you to continue to cross-examine witnesses, otherwise you will be deemed to have waived your right to cross-examine witnesses. ”

"Mr. Lin, you said that you saw two people scuffling in the window at that time, so did you see the faces of these two people clearly?"

Zhou Yi said with a smile: "You live in the apartment opposite the Liyou Hotel, but you are on the seventh floor, and the case happened on the eighth floor. So I guess you didn't see these two guys, did you?"

"Yes. Lin Hui thought for a while and said, "But I'm still sure that one of these two people is the deceased Huang Guangming, and the other is the defendant!"

"Oh, what are your reasons?"

"The deceased later fell from the building, and of course there is no problem with his identity, so one of them is him. ”

Lin Hui thought for a while and said, "As for the defendant, although I didn't see her face clearly when she and Huang Guangming scuffled, she was standing in front of the window at the same time that Huang Guangming fell from the building; She is clearly the murderer who pushed Huang Guangliang downstairs!"

In order to show that he was not mistaken, Lin Hui also stretched out his arm, which was quite like Ultraman Superman, a bit silly.

"Are you sure you saw the defendant pushing the deceased downstairs?" Zhou Yi suddenly sped up his speech: "Or let me ask like this, at the moment when the deceased fell from the building, did you see the defendant's hand in contact with the deceased's body!"

"I" Lin Hui was stunned.

"You didn't see the defendant pushing the deceased downstairs at all! You just saw the defendant stretch out her arm out of the window, but you didn't see her hand making contact with the deceased's body, didn't you?"

"Yes! But I clearly saw two men wrestling in the window, and then I saw the deceased fall out of the window, and then I saw the defendant appear in front of the window. Her hand is still pushing outward!"

Lin Hui argued: "Isn't this series of facts sufficient to prove that it was the defendant who pushed out the deceased? Even if I didn't see the defendant's hand in contact with the deceased at the moment when the deceased fell from the building, there must have been contact, otherwise how could the deceased fall out?"

"So, did Mr. Lin deduce that the defendant's hand had contact with the deceased at the moment when the deceased fell from the building?" said Zhou Yiyi with a smile.

"Yes, but I think it's a fact. ”

"Huh?

Zhou Yi motioned for Ma Ming to stand up, and then stretched out his right hand and put it on Ma Ming's chest. Then he asked Lin Hui with a smile: "Since Mr. Lin likes reasoning and judgment so much, then I want to ask you, am I going to push Lawyer Ma out now, or am I going to pull him over?"

"This"

Lin Hui was speechless. That's what this question is used to cheat my father. If he answered pulling, Zhou Yi would push, and if he said pushed, Zhou Yi would pull. It was all his fault anyway, and he couldn't answer at all.

"Mr. Lin, now we are less than five meters apart. The courtroom is brightly lit again, and you can't make an accurate judgment even when you're in a calm mood. On the day of the crime, it was in the early hours of the morning, the apartment you were staying in was at least 20 meters away from the Liyou Hotel, and you were in a state of insomnia at that time, and you were extremely frightened when you saw the murder, how can you judge that the defendant was pushing the deceased out, rather than trying to pull the deceased back?"

"I don't know, I don't know," Lin Hui shook his head repeatedly.

"Good. Your Excellency, I have no problem. ”

Sun Yuqing raised his head in surprise and looked at Zhou Yi at this time. Of course he knew about Zhou Yi's very awesome graduation dinner, but he also knew that this was Zhou Yi's first time really taking on the case, so he didn't pay attention to it at all. But after these two rounds of fighting, he found that this kid seemed to be very prickly?

To be honest, this case is not 100% convictable, Sun Yuqing was full of confidence before, and he also thought that Yang Caikong had a name, a bastard among barristers, and Zhou Yi was a newcomer, and he could definitely make the defendant guilty of murder. But now that he has seen Zhou Yi's performance, his confidence has begun to shake a little, maybe, it's time to get in touch with this newcomer?

"The trial will now be adjourned and the trial will resume at 2.15 p.m." ”

Seeing that the time was almost up, the presiding judge announced the end of the morning hearing. This situation is very common in Xiangjiang, and a complicated case can have as many as dozens of eyewitnesses and expert witnesses, and the prosecution and defense can be cross-examined one by one, and it can take a week or even half a month.

This is because in the eyes of people in areas governed by the rule of law, the outcome of a criminal case involves a person's freedom and life, and it is absolutely impossible to be careless. In contrast, all the judges of the mainland's criminal tribunals are 'model workers', because the courts in some areas have even created a 'miracle' in which three or four criminal cases are tried in one morning, and such miracles are still appearing for no other reason: First, because the mainland's criminal trials are not at all a defense in the true sense; second, because the mainland's judges' performance evaluation is based on the 'mediation rate' in civil cases and the 'number of cases handled' in criminal cases. Just by rushing to this number of cases, it can throw the US federal justices out of ten streets. It is 'the mainland trial case, only fast and undefeated, only fast and not broken'!

PS: Thanks to the 'thief' brother for the tip :) (To be continued......)