Chapter 647: Who is the Defendant (2)
I don't know if Boss Li is really guilty for failing to send his old father to the end of his filial piety, or if he uses this matter to deliberately make trouble, but in either case, his wish is difficult to achieve.
As soon as Boss Li's voice fell, before the presiding judge could speak, Lawyer Zhao immediately took it, " Logically speaking, this question is meaningless, because the previous human and physical evidence has clearly shown that the only contact information you left in the elderly service center is your brother's phone number, and your brother's phone has been turned off, my client has tried to contact him many times, but he can't get through to his phone, and he also admitted in court that he didn't dare to turn on his mobile phone for a long time because of a personal dispute with the outside world, isn't this causal relationship not clear enough?"
"If I can't get in touch by phone, can I take other measures? What does the elderly service center do?" Boss Li still did not give up.
"In the case of unsuccessful phone calls, of course, my client took other measures, and they did their best!"
"Lawyer Zhao, tell me what kind of methods the elderly service center has taken to contact the families of the elderly, and what efforts they have made?" said the presiding judge.
"Because the phone has not been able to get through, the elderly service center found the house number according to the home address left by the contact person on the agreement, but no matter what the action, there was no response from the house, they asked the neighbors on the same floor, and the neighbors had not seen the contact person for a long time. Nevertheless, my client made a final effort to ask the old man to recall the contact information of his two sons and daughters in the field, and the old man said a few numbers, but none of them could get through. This is the communication record that we have found from the telecommunications department, and we ask the judge to look at it. After speaking, Lawyer Zhao handed over another piece of physical evidence to the presiding judge.
"Second child, are you really not living at home, why can't the people in the elderly service center find you?" Boss Li didn't seem to believe that this was true.
Mr. Zhao added, "According to the requirements of the settlement agreement of the elderly service center, the family members of the caregivers should take the initiative to inform the service center after changing their contact information and residential address, but unfortunately, my client did not receive any information. ”
In the face of the eldest brother's questioning, Li Lao Er was obviously a little disgusted: "Do you have to say some things here?
The presiding judge did not think so, and he emphasized again: "As long as it is related to the facts of the case, even if it involves your **, you must make it clear in court, otherwise it is to hide the evidence, I hope everyone respects the court and abides by the law." In addition, after verification, the time of the call shown by the physical evidence is consistent with the time when the old man's condition worsened, and this evidence can be admissible. ”
"Second brother, don't hide anything! "The eldest sister of the Li family doesn't want her brother to set himself on fire.
The second child of the Li family was heartbroken, "Hey, it's not a grudge with those fox friends and dog friends in the society, they looked for me everywhere, and I was forced to be helpless, during that time I had to hide in Tibet, and I didn't dare to live at home for a long time, so the neighbors didn't see me for more than half a year." ”
"No wonder, when your old father was seriously ill, my client came to look for you, but there was no sign of you, but it is beyond reproach that they insisted on fulfilling their agreement and doing their duty, and did not delay your old father's treatment. As for the three of you sisters who failed to fulfill their filial piety to my old father when he was dying, with my client
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It doesn't matter, you can only find the reason within yourself. Lawyer Zhao interjected in time.
"The facts are very clear, the Li siblings are obviously unreasonable to sue the elderly service center for failing to send their old father to the end of their filial piety, and the court does not support this accusation. The presiding judge announced again.
Here's a detail, from the beginning of the trial to the present, the judge has hardly used the title of plaintiff and defendant, because he felt that there was no obvious difference between the plaintiff and the defendant in this case.
"Mr. Judge, I don't want to accuse the elderly service center of any negligence, but I have doubts about the appropriateness of the old father's handling procedures from the aggravation of the elderly service center to the transfer to the hospital for treatment.
"This issue is not within the jurisdiction of this court, you have to ask the agent of the service center to see if he is willing. "The principle of judges is also that more is better than less.
Lawyer Zhao directly refused: "From a legal point of view, this issue is not under the jurisdiction of the court, as the agent of the elderly service center, we are not obliged to answer such a question, because medical treatment is not the service content of the elderly service center, if the Li family brothers and sisters have questions about the medical treatment process, they can only go to the relevant medical institutions to ask, if you have evidence of improper medical treatment, you can sue the medical institution separately, your problem has nothing to do with the elderly service center." ”
At this point in the trial, none of the accusations of the three brothers and sisters of the Li family were supported by the court, and they were very disappointed, especially the second child of the Li family, who wanted to take advantage of this opportunity to knock a sum from the elderly service center, but found nothing, and was extremely depressed.
The presiding judge declared the first phase of the trial closed, and after a 10-minute adjournment, the trial resumed. Faced with such a scene, the Li family brothers and sisters wondered, hadn't the case they sued had already been tried?
When the judge began to read out the counterclaim of the elderly service center, the Li siblings realized that the three of them had now become the real defendants.
After the court read out the counterclaim, lawyer Zhao went on to state the basic facts, but when it came time for the defendant to make a statement, the Li brothers and sisters bowed their heads and remained silent, and the judge asked, "What's the matter with you? Who is speaking on behalf of the defendant?"
The eldest brother and sister of the Li family looked at each other and looked at their brother at the same time, but the second brother Li tried his best to avoid the gaze of the eldest brother and sister. I couldn't help it, the eldest sister of the Li family did not make a statement in court, but questioned her brother: "Second brother, your brother and I, our two families pay the old father's living allowance to your account on time and in full every month, and now it's good, not only do you owe more than 30,000 yuan in medical expenses, but also owe 30,000 yuan in living expenses to the elderly service center, you can tell me, what is going on? Where is the money we gave and the old father's pension!"
At this time, except for the three brothers and sisters of the Li family, the others at the scene became bystanders, and the solemn courtroom was so quiet that even the sound of a piece of paper falling on the ground could be heard.
Li Lao Er lowered his head and did not answer the eldest sister's question, and after a stalemate for several minutes, Li Lao Eldest couldn't hold his breath, and he urged: "Second brother, you have to speak! ”
It's really unavoidable, Li Er
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Drooping his head, he said: "I'm really sorry for the big brother and sister, about a year ago, that is, before the old father's illness worsened, because of the debt owed to friends on the road, I called the living allowance you gave to the old father, as well as his pension, all of which were used to pay off the debt." ”
"Oh my God, second brother, do you think we are rich? Our two families are also working families, besides, have you discussed this with us?" The eldest sister of the Li family was so angry that her face turned red.
"My good brother, you have repaid the debts on the road, but it is easy, what should we do? How can I explain to my family when I go back with my eldest sister?" Boss Li's face became even more ugly.
The presiding judge reminded: "You three should get down to business, and think about how to face the problem at hand." ”
It was Boss Li who came to his senses first, "Mr. Judge, the elderly service center countersued us for arrears of living expenses, do they have conclusive evidence? In addition, the arrears of medical fees should be collected from us by the hospital, and it is not their turn!"
Lawyer Zhao took it, "All the fees owed to the elderly service center are well-documented and guaranteed to be correct, and if I need evidence, I can show it now." As for the various expenses incurred by your old father during his hospitalization, all of them were paid in advance by my client, and as we all know, if you do not pay the advance payment, the hospital does not use medicine at all, and after your old father dies of illness, he does not owe a penny to the hospital, because the money has already been paid by the elderly service center! All the credentials are here. Lawyer Zhao has a briefcase next to him.
"There is no basis for the words, the court values the evidence, and asks the plaintiff's agent to submit the evidence. ”
Lao Zhao took out two large envelopes from his bag and presented them to the presiding judge.
The judge took out the bills from the envelope, checked the data to be accurate, and asked, "Does the defendant need to see the bills?"
The second eldest of the Li family sat there indifferent, because he knew that those bills were the expenses that the old father really incurred, and there was nothing to doubt.
It was the eldest brother and sister of the Li family, who took a few bills and checked them repeatedly, as if they were identifying the authenticity of the bills. In fact, they were overly concerned, who would dare to falsify the bills presented by the lawyer to the presiding judge? Isn't that tantamount to perjury?
How can lawyer Zhao, who has been practicing for many years, not have this common sense? In addition, can the evidence that the presiding judge has already used for purpose be fake?
The two of them looked at it endlessly, which made the judge a little impatient, "What are you looking at? Distinguish between truth and falsehood? Don't worry, no one dares to fool the judge when they get the evidence in court." ”
The Li siblings were a little embarrassed, and they returned the bill to the judge and returned to their original seats.
The judge continued to preside over the trial, "The counterclaim of the elderly service center, the facts of the case are actually very simple, as long as the defendant has no other objections, the case can be closed immediately, what else does the defendant have to say?" Because the Li family brothers and sisters themselves serve as defenders, the judge must fully listen to their opinions.
The Li siblings looked at each other, and they knew very well that whether it was the arrears of the fees of the elderly service center, or the medical fees owed by the elderly for medical treatment, these were obvious facts, and there was nothing to quibble, "Mr. Judge, the facts of the case are clear, we admit the accusations of the elderly service center, but we are unable to fulfill the relevant responsibilities. ”
(End of chapter)