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发帖数: 100 | 1 By Tom Phillips, Shanghai
2:28PM BST 06 Aug 2012
Speaking to the Daily Telegraph on Monday, Mr Zhang's family lawyer denied
the butler had instigated the poisoning of the British businessman.
"Zhang didn't know Heywood. He held no personal grudge or hatred against
Heywood. Zhang couldn't possibly [have] initiated it," said Li Xiaolin, a
respected criminal lawyer from Beijing.
Mr Li was hired by Mr Zhang's family earlier this year after he and Mrs Gu
were arrested but will not be allowed to defend Mr Zhang at this week's
trial and said he had not been given access to the case files or his client.
But Mr Li has spent significant time with Mr Zhang's father and wife and had
been preparing a defense of Mrs Gu's assistant until he was told last month
that both defendants would be represented by court-appointed lawyers.
Mr Li denied that Mr Zhang, who he said was a former bodyguard of Mrs Gu's
father, general Gu Jingsheng, had plotted Mr Heywood's murder but stopped
short of declaring his total innocence.
"I can only say he might be innocent of premeditated murder," he said,
adding that, "Zhang strikes me as an honest person" and had a 2-year-old son.
Referring to a government announcement that the evidence against Mr Zhang
and Mrs Gu was "irrefutable and substantial", Mr Li added: "You can't say he
is innocent - look at the official statement." "Judging from the public
files, Zhang's offence is pretty much a fact. Yet there were cases before
where the government said someone was guilty but he [or] she was proved
innocent in the end," he added.
Legal experts and analysts have questioned whether Mrs Gu and Mr Zhang can
receive a fair trial without being able to appoint their own legal teams and
many see the verdict as a foregone conclusion.
"There are limits on what the Gu-side, the defendants, can do to defend
themselves in terms of having access to a good legal team," said Dali L Yang
, a China expert from the University of Chicago.
"The great irony is that she [Mrs Gu] can't hire her own lawyers or legal
team and it's extremely ironic that the people bringing the charges are not
doing things in the most proper way." Mr Li, the family lawyer, said he had
been refused access to Mr Zhang despite travelling to Hefei, where he is
being held, last month.
"I went to Hefei and submitted the application to the prosecutor to meet
Zhang but they declined in the name of Zhang. They had Zhang write a letter
saying he is happy with the local lawyer and there is no need to hire other
lawyer. The family wants me to defend Zhang all the way." "It is
unreasonable," he said of the decision not to allow him to defend Mr Zhang.
"The family is very concerned for sure. They are worried."
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“每日电讯报”周一表示，张先生的家庭律师否认张毒杀了英国商人。
李晓林（张晓军家人聘请的律师）说“张不认识海伍德。他认为，对海伍德没有个人恩
怨或仇恨。张根本不可能去做这件事。”，李是来自北京的一位受人尊敬的刑事辩护律
师。
李先生今年早些时候张和谷被逮捕后，李被聘为张晓军的律师，，但张先生没有被允许
在本周举行的庭审中辩护，他尚未获得案卷或他见到他的当事人。
但李晓林与张晓军的父亲和妻子花了重要的时间和谷开来的助手已做了准备辩护，直到
上个月有人告诉他，被告由法院指定的律师。
李律师说张晓军以前曾经是谷开来的父亲谷景生的保镖，说张曾参与谋杀谋海伍德的谋
杀没有证据，他也并不认识海伍德，他应该是清白的。
李晓林表示：“关于谋杀说法，我只能说张可能是无辜的”，“张晓军是一个诚实的人
”，他现在有一个2岁的儿子。
谈到中共政府的宣布的“无可辩驳的和实质性的”问题，李先生说：“仅从官方的声明
，好像看不出他是无辜的。” “从官方公开的文件看，张的罪行是相当多的事实，但
通常情况下，经常是中共政府说有人有罪，往往事后却证明他或她都是无辜的”他补充
说。
法律专家和政治评论员纷纷质疑谷开来和张晓军是否可以得到公平审判
，因为他们不能够任命自己的法律团队，许多人认为判决已成定局。
美国芝加哥大学的中国问题专家杨大力说：“如果谷开来没有自己的辩护律师，她做为
被告的权利不会得到保证。”
李晓林律师上个月被拒绝前往合肥为他的委托人进行辩护，他说：“具有极大讽刺意味
的是，谷开来不能聘请自己的律师或法律团队，这是非常具有讽刺意味
的事，（在中国）大多数犯罪嫌疑犯都不能得到好的辩护。”
“我去合肥向检察官提交的申请，被他们拒绝。他们出示张晓军写的一封信，说他很高
兴愿意聘请当地的律师进行辩护，不需要其他律师。而张的家属却希望让我做全权律师
。”李晓林说，不让我做为张的辩护律师的决定，不能保证张晓军的权利，起码张的家
属是这样看的。
“张的家属十分关注这个案子，他们很为张晓军担心。” |
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