Chapter 362: A Word Prosperous
Lehi was just a precedent, and he knew very well that even if the photographs did not prove the relationship between the two plaintiffs, the point was that as long as the plaintiffs could publish the photographs in a grand manner, it would be their victory. So he choked Ding Li with a word, but his brain was spinning rapidly, and before Ding Li could refute it, he said to the judge: "Dear judge, we know that the technology is very advanced now, and the computer graphics processing technology is changing with each passing day, especially for professionals, it is difficult to distinguish the fraud of graphics. I hereby ask the judge to require the defendant to submit the negative of the photograph or the original digital document for authentication to prove its authenticity. ”
The judge immediately approved, and the defendant was not afraid, of course, there would be no negatives, and now they are carrying digital cameras on their backs, and they immediately submitted the source documents, because the photos and the source documents have dates, so there is no falsification.
The clerk took out the memory card taken out by the defendant, inserted it into the computer, and then used the projector to release it - this memory card is important physical evidence, of course, it will not be easily handed over to the plaintiff, and the document can be released. Lehi used his brain while watching, and halfway through it, he already had an idea, these evidences, no matter what, must be destroyed! The so-called destruction does not mean the destruction of evidence, but the fact that the court does not recognize its legitimacy as evidence.
It is difficult to have an effect by simply questioning, and even if the evidence does not establish the relationship between the two plaintiffs, it is enough to provide support for the defendant's report. So Lehi had only the bottom of the kettle to draw his salary, he got up and said, "May I ask the plaintiff, which reporter took these photos, where and when?" ”
The defendant was prepared for this kind of problem, and reporter Huang immediately stood up, first glared at Li Hai fiercely, and then said: "It was taken by the late reporter Zhao of our magazine, who died in Yunnan a few months ago. ”
Li Hai was even more glad this time, and he decisively asked the judge to drive out all the reporters in the auditorium, and the one who dared to take this photo was the reporter who was killed by Wang Bao's killer in Yunnan last time. If this kind of thing is written by reporters, then it will be another mess.
But now, he didn't care, he calmly expressed regret first, and then said: "In other words, the defendant can no longer provide first-hand evidence to prove the source of the information?" ”
Reporter Huang was indignant and scolded with a halberd: "Lawyer Li, do you still have humanity?" Reporter Zhao unfortunately passed away, you can't escape the blame, and now you can still say such things, you are simply crazy! ”
Ding Li frowned secretly, this kind of thing is very relieving and refreshing, but as long as people who are engaged in law know in their hearts, you can imperceptibly understand such things as emotional factors, but you can't take it out as a reason.
Sure enough, Li Hai continued to express his calmness: "I'm sorry, I don't understand the logic of Reporter Huang, could it be that as a lawyer and agent, my speech in court should be from the heart and emotion, rather than based on facts and the law?" Do you think that we legal workers can just like you reporters and scribble and sensationalize? After the bombardment, seeing that Ding Li jumped up and was about to protest, he immediately turned to the judge and apologized loudly: "I'm sorry, honorable judge, I said the wrong thing, I can only say that we legal workers are legal and rational, as for the reporters' reports are irregular, irrational, this is not something I should comment on, I take back the last sentence I just said." I beg your pardon. ”
"This judge accepts your apology and asks the plaintiff's lawyer to pay attention to his words." The judge accepted it very happily, in fact, even if he had not been greeted beforehand, he still felt the same way for Li Hai to speak just now. In the eyes of a professionally trained lawyer, the current media reports are simply without any legal concept at all, in order to attract attention and increase attention, they can scribble as much as they want, wielding the big stick of the public's right to know and smashing everywhere, but it is rare for a report to calmly reflect the facts and all the facts - the last point is particularly important, most of the time the reporter is not making up nonsense, but just selectively and biasedly reporting, which is enough to mislead the audience and readers.
Ding Li sat down stupidly, with a very ominous feeling in her heart, the rhythm of the trial seemed to have been caught by Li Hai, and the bad thing was that according to the court procedures, the plaintiff was only cross-examining the evidence now, and the initiative to ask questions was in the hands of the plaintiff, and she couldn't take back the initiative. Fortunately, cross-examination is not a debate, and there is limited room to play, Ding Li thought fiercely in her heart, is it possible that you can still sweep this evidence into the garbage heap, when it doesn't exist?
Lehi hit it, and that's the idea! Before, he was just looking for a breakthrough, but now that he heard that the original photographer is dead, he has to use the topic to play. I said sorry to the reporter Zhao who died in Yunnan in vain, in fact, you are shooting the truth, but I can only speak with a clear conscience!
He pointed to the documents on the projector and said, "Honorable judge, as I pointed out, due to the misfortune of the original photographer, the defendant is now unable to provide the source of the first-hand information, and we can see that many of these documents have been edited, which can be proved by the most recent modification date in the document attributes." This is enough to show that the authenticity of these documents is very doubtful. ”
Reporter Huang was even more indignant, and said loudly: "If you don't understand, don't talk nonsense, who is doing news, don't fix the pictures when you get them back?" "Besides, those files have been copied before they were modified, and the source files are still there, so why don't you say it? This is what he wants to say later, and once he says it, Lehi is not easy to refute.
Unlucky, unlucky, he is a reporter, not a lawyer, he didn't get to the point when he opened his mouth, and before he could say the rest of the words, Li Hai had already seized the opportunity to cut in, and for the players of the debate club, forcing the opponent to take words out of context was one of the skills that must be possessed: "Reporter Huang, what do you mean is that you admit that you have edited these photos?" Distinguished judge, according to the provisions of the Civil Procedure Law on evidence, such edited and revised evidence can only be used as a reference, and cannot directly prove the facts of the case. ”
As soon as Ding Li heard it, she knew that it was a bad dish, and reporter Huang was caught by Li Hai and hurt his feet! She hurriedly got up to make amends, but the judges had already been greeted by the Wang family, waiting for an opportunity to award a penalty to the plaintiff, how could she miss this golden opportunity? He immediately nodded and said in a high-sounding manner: "In view of the fact that the defendant has admitted that his evidence has been edited and revised, this court now declares that it is not sufficient to prove the facts of this case, and this court does not recognize its evidentiary effect." ”
Reporter Huang was furious, the reporter lost his temper, pointed at the judge and shouted: "What kind of judge are you, corrupt and bending the law, obviously biased towards the plaintiff!" I'm going to expose your ugly face! "He was not such a reckless person originally, but it was a pity that he had suffered a big loss from Li Hai in Zhijiang and held a grudge, but now he was cheated by Li Hai again, and he still joined hands with the judge to pit him, and this anger was stirred up, and he couldn't hold it back for a while.
The judge immediately changed his face, how could you allow you to make such nonsense in court? His face sank and he shouted: "The defendant deliberately disrupted the order of the court, and this court now warns him once, and if he commits it again, he will be kicked out of the courtroom." As soon as the words fell, the bailiff rushed over very competently, staring at the yellow reporter, and there was a tendency to start picking people off if they didn't agree with each other.
Reporter Huang was so angry that his face turned red, when did the uncrowned king suffer such a bad anger? There is a saying that a gentleman does not suffer immediate losses, and he sat down indignantly and made up his mind to write an article to expose the judge's face. Ding Li gritted her teeth, and said in her heart that she was really not afraid of God's opponents, but afraid of pig teammates! The good situation was ruined by your words! If you don't shut up, we're afraid we won't even be able to speak!
She also regretted a little, she underestimated Li Hai, she thought that this kid was still interning at a young age, and he wouldn't be very powerful, so she didn't come out to grab the right to talk at the first time, so that Reporter Huang was caught by him, which led to a big defeat. If it were herself, even if the judge wanted to be biased, she would not show such a flaw. As for the judge's tendencies, she had been mentally prepared for a long time, but she didn't care much about it, she didn't want to win this lawsuit, but just used this opportunity to expand her influence.
On the plaintiff's side, although there was no celebration due to the order of the court, they were all overjoyed, and no one expected that such a powerful evidence on the plaintiff's side would be rejected by Li Hai in a few words! Even Lan Yingzhen, who was very cool, couldn't be calm, she looked next to Zhu Sha and asked softly: "Lawyer Zhu, why is this evidence obviously true, but the court will not accept it?" ”
Zhu Sha replied with a smile: "That's the case, there is a difference in the effectiveness of the evidence, what the reporter said just now can be understood as they have modified the evidence." Legally, no matter what kind of changes you make, this has changed the original evidence, and its effectiveness will immediately decline, becoming second-hand evidence, according to the law, if there is no surrounding evidence to prove its authenticity, then the court cannot use it as valid and legal evidence alone to prove the facts of the case. To put it simply, only original first-hand evidence can prove the facts of the case alone. ”
Lan Ying nodded as if she didn't understand, and glanced at Li Hai secretly, her heart was sweet, and she couldn't help but smile at Li Hai through Zhu Sha: "Lawyer Li, you are so powerful, I think you are simply a superman in the court!" As he spoke, he gave Lehi a meaningful smile.
Li Hai immediately had a fever in the dantian, the connotation of the word superman is very special! I can't help but think, you are so real, you dare to tease me in public, see that I don't clean you up at night!