Chapter 202: Who's Responsible
Xiao Yan said, blinking, Sima Qiqi heard Xiao Yan say this, looked back at Xiao Yan, Xiao Yan originally thought that he would see Sima Qiqi's reproachful gaze, but he didn't expect Sima Qiqi's eyes to still have a look of joy, then pretended to cough, pretended to be unhappy and said: "Talk about business, don't talk too far." ”
Xiao Yan stuck out his tongue, Sima Qiqi looked at Xiao Yan and smiled, slowly put away his smile and said: "Xiao Yan, this time I still trouble you to assist me, as for you, please tell me in detail about Lin Yu's death before and after, and go to my office to discuss it in detail!" ”
On the day of the trial, I often go to the court, but I usually sit in the auditorium, at most, I have been a witness in the previous few cases, sitting on the witness seat, this time I followed Sima Qiqi and Xiao Yan into the court from the same place, and I always felt uncomfortable, because this is a civil case, I only need to sit next to Sima Qiqi, but since I sat down, I have been twisting around.
When Sima Qiqi saw the action, he smiled and asked in a low voice, "What are you doing, there are nails on the stool?" ”
Frustrated, he whispered: "Eh, Lawyer Sima, it may be nothing if you are used to sitting here, but it is the first time I have become a defendant and I feel uncomfortable sitting here." ”
Sima Qiqi smiled and said, "Don't worry, sitting in this position, others won't eat you, An, I'm here!" ”
Sima Qiqi said, patted the back of his left hand on the back, and was patted by Sima Qiqi like this, and he really felt a lot calmer in his heart. At the beginning of the formal trial, Luo Ying explained in court the reasons for the prosecution, the facts of the case, and the amount of compensation requested on behalf of Lin Yu's family.
The judge nodded and said, "Plaintiff's lawyer, do you think that it is no longer necessary to determine the nature of the case in this case, and only prosecute the defendant as a civil case?" ”
Luo Ying stood up and nodded, and said in a cold tone: "Yes, Your Excellency, I also asked Lin Yu's family during the investigation, I think that the defendant should not have known that Lin Yu had a heart attack in advance, so the defendant deliberately killed the deceased Lin Yu, we think it is impossible, so we only prosecute in a civil case, although we believe that the defendant has no intention, but the defendant is the last person to contact the deceased, so we think that the defendant may have language inappropriateness when talking to the deceased. caused the deceased Lin Yu to have a heart attack. ”
As soon as Luo Ying finished speaking, the judge nodded and looked at Sima Qiqi, Sima Qiqi smiled, stood up and said: "Your Excellency, I believe that the accusations of the plaintiff's lawyer are completely substantiated accusations, and I only deny the charges on behalf of my client. ”
This time, the judge was a middle-aged man who looked a little old, wearing a pair of glasses and looking polite, and when the judge heard Sima Qiqi deny the charge, he pushed his glasses and said, "Since this is the case, then start questioning witnesses." Plaintiff lawyers, please get started! ”
Luo Ying asked the court to call the first witness, sat next to Sima Qiqi and asked in a low voice, "Who is this person?" ”
Sima
Qi Qi ignored it, and then felt that someone was poking him in the back, and when he looked back, he saw that Xiao Yan was holding a piece of paper and handed it to him, and when he opened it, he found that it was the answer to the question he had just asked, and it turned out that this witness was one of the waiters in the café.
Luo Ying looked at the waiter and asked expressionlessly: "Witness, may I ask you, on the day of the accident, that is, when the deceased Lin Yu had a heart attack in your café and unfortunately died, did you see the defendant?" ”
The waiter looked at it, nodded and told Luo Ying that he had indeed seen it in the café, and Luo Ying asked the waiter why he was so sure that he had seen it, and so much time had passed.
The waiter said slowly: "At that time, the defendant was sitting with the deceased, and the drink they ordered was brought to them by me, and most importantly, the defendant seemed to have been cursing the deceased, so I was very impressed." ”
Luo Ying spread his hands and asked calmly, "Curse, do you remember what the defendant said at the time of the crime?" ”
The waiter thought for a while and said: "It seems to say that the deceased will die if he drinks coffee, well, I don't remember very clearly, but he must be cursing the deceased to die, although I don't know if he did it on purpose, but the deceased must not be very comfortable to listen to." ”
Before the waiter's voice fell, Sima Qiqi stood up and objected: "Your Excellency, the witness has no evidence to prove his testimony just now, he is only subjectively speculating on the psychological feelings of the deceased Lin Yu at that time, which is not an objective testimony. ”
The judge nodded and said slowly: "The objection is valid, the witness only needs to say the situation at the time, your personal feelings should not be said in court, and the staff should not record the personal feelings of the witnesses just now." ”
Luo Ying said that there was no question to ask the waiter, and then Sima Qiqi stood up and asked with a smile: "You said that you brought the drink to my client and the deceased that day, so you heard the conversation between my client and the deceased, so did you keep standing next to my client and the deceased after that?" ”
Luo Ying stood up and said coldly: "Your Excellency, the question of the defense lawyer is irrelevant, it is a waste of court time. ”
Sima Qiqi turned to look at the judge and said very politely: "Your Excellency, the question I just asked is very important, whether the witness has been standing next to my client and the deceased is very important to the reliability of his testimony, please let the witness answer my question just now." ”
The judge thought for a while and nodded, "The objection is invalid, and the witness asks you to answer the question just now." ”
The waiter thought for a moment and said, "Of course not, I put down my drink and went back to the bar, but between the time I served the drink and left, I did hear that the defendant had been cursing the dead to death, and the words used were the same ......"
Sima Qiqi suddenly interrupted the waiter and said slowly: "You don't need to say so much, it is true that you are serving drinks to the time you leave and you hear that my client may be using some bad words, but you are not next to my client and the deceased the whole time, how do you know that my client is still cursing to death after you leave!" ”
Luo Ying slowly raised her eyebrows, but quickly calmed down
。 The judge also looked at Sima Qiqi suspiciously.
"Your Excellency, according to the video of the café, my client and the deceased Lin Yu stayed in the café for nearly half an hour, although the witness proved that my client used some bad words to the deceased, but the witness did not accompany the whole process, the witness could not prove that my client spoke after he left, and I think the plaintiff's lawyer could not prove that in the remaining time, my client was still cursing the deceased, so the deceased was said to have emotional fluctuations due to my client's language, The claim that caused a heart attack does not seem to be true. According to the doubtful interest attributed to the defendant, I request that my client not be held responsible for the death of the deceased Lin Yu. ”
Sima Qiqi said impassionedly, the judge nodded while taking notes, the judge looked up at Sima Qiqi and Luo Ying, both said that there was no question to ask the waiter, and the judge asked the waiter to leave the witness stand.
Sima Qiqi asked the court to summon a defense witness, a cardiologist, Sima Qiqi asked about the factors that may cause heart disease in a heart patient, and the doctor listed the sudden large mood swings, strenuous exercise, excessive temperature difference between indoor and outdoor or uncontrolled diet, eating foods high in oil, high salt and sugar, etc., which will cause heart patients to have a heart attack.
After listening to the doctor's testimony, Sima Qiqi took out a small ticket and put it on the big screen of the court, Sima Qiqi pointed to the small ticket and said slowly: "Your Excellency, this is the drink receipt that Lin Yu and my client bought in the café on the day of the crime, the passion fruit drink was purchased by my client, and the other cup of espresso was drunk by the deceased, which has been recognized by the café owner and relevant waiters, witness, I want to ask, if a person has a heart attack, and then drinking strong coffee, will it lead to a heart attack?" ”
The doctor nodded and said: "Coffee will increase the content of fat and triglycerides in the human blood, thereby increasing the burden on the heart and the consumption of oxygen, and the energy supply of heart muscle cells will not be able to keep up, resulting in insufficient blood transfusion of the heart, and if the heart disease itself is more serious, then it is likely to lead to death." ”
Sima Qiqi nodded, and then took out a case and put it on the big screen of the court, Sima Qiqi pointed to the case and said slowly: "Your Excellency, according to Lin Yu's physical examination report and admission list in the first few years of his life, Lin Yu's heart ability is weaker than that of ordinary people, and the medical records of the deceased over the years have doctors who indicate what not to eat, what to drink, and what not to do, the deceased was a person with full civil capacity before his death, so he should know what to drink and what not to drink, but the deceased still bought coffee, and the deceased was a heart patient, but did not bring a heart-saving pill, this is the deceased is not responsible for himself, and my client just appeared in front of the deceased Lin Yu at the wrong time, if this makes my client responsible, it seems too much. ”
The judge nodded, and then Luo Ying stood up and said, "Your Excellency, wait, just now the defense lawyer tried his best to implicate the deceased Lin Yu's heart attack on Lin Yu himself, but I want to ask the defense witnesses, does drinking a cup of coffee cause a heart attack?" ”
The doctor witness was stunned for a moment when he heard Luo Ying's question, Luo Ying put one hand on the table and waited for the doctor's answer, and then the doctor said slowly: "This, although it is said that heart patients will have heart attacks due to drinking coffee, but this also depends on the personal physical condition and the condition of the heart, such as ......"
Luo Ying interrupted the doctor's words and said coldly: "In other words, Luo Ying's heart attack can't be directly related to drinking coffee, Your Excellency, isn't this a bit far-fetched." ”
The judge nodded, looked at the information and looked at Sima Qiqi and said slowly: "Defense lawyer, judging from the autopsy report, it cannot be confirmed that the deceased Lin Yu's heart attack was caused by taking a cup of strong coffee, so your defense still cannot prove that your client has nothing to do with the death of the deceased." ”
(End of chapter)