Li Yi-hsiang, Hoa Van Hao Detained for Another Three Months 花蓮地院裁定 李義祥.華文好續押3個月

The Hualien District Court has decided to continue detaining crane truck driver Li Yi-hsiang and Vietnamese migrant worker Hoa Van Hao. Meanwhile, they are not allowed to be visited or receive messages to avoid collusion.

After the first round of investigation, the Hualien District Court is deciding on whether to further detain Li Yi-hsiang, driver of the crane truck and Vietnamese migrant worker Hoa Van Hao. Judges asked Li why he had not notified Taiwan Railways Administration or called the police right away. Li responded he did not know which number to call but he did call the head of construction of Taiwan Railway’s Hualien Department surnamed Hsiung. When further asked why there is contradiction in his statement of confession and the initial reluctance to reveal Hoa’s identity, Li replied saying he was too nervous and did not want to get arrested. The lawyer defending Hoa argued that there is no relationship of cause and effect between the accident and his client, as Hoa only helped to drive the excavator to Li after the truck had fallen onto the track, but judges still decided to continue detention.
Both Li Yi-hsiang and Hoa Van Hao are considered flight risks and acting in collusion. The court has decided on detention for another three months starting April 21, and they are not allowed to be visited or to receive any letters, messages or objects.
Meanwhile, the Executive Yuan is considering to propose harsher penalties for those convicted of negligence causing death of three people or more by adding a provision that extends punishment from 5 years maximum originally to up to 10 years in prison.
According to Taiwan’s criminal code article 2, the law in force of the commission of the offense shall apply, but when the law is amended after the commission, provided that when the amended law is favorable to the offender, the most favorable law shall apply. Therefore, I think we have to see when the amendment is actually made, which law applies more to their situation.
So far, Li admits to the crime but he denies to having tried to escape from the accident. The court considers the two as flight risks and acting in collusion, and has decided on further detaining both of them for another three months. However, Hoa can be allowed to see staff from the Vietnam Economic and Cultural office in Taipei.
花蓮地方法院發言人 黃鴻達表示:「李義祥,還有華文好兩位,都有逃亡還有勾串之虞,所以認定也有羈押的必要性,所以裁定從昨天(21號)開始,羈押三個月,並禁止接見通信還有收受物件。」
花蓮地方法院發言人 黃鴻達表示:「刑法第2條的規定,原則是上適用行為時的法律,但是修正後的法律,有利於被告的話,就是以對他有利的做適用,這是要待何時修法通過公布施行,還有看法規的內容,再加上新舊法比較的適用來決定。」