Again innocent : The High Court Kaohsiung Branch Court has sentenced Lin Jingui for a second time, finding Lin Jingui innocent again! (2022.08.30)
【Post – meeting press release】
（2022.08.30）
Lin Jingui was convicted of shooting and murder of a taxi driver on May 9, 2007, in Fengshan, Kaohsiung, and was sentenced to life. The Taiwan Innocence Project took his case in 2016. The retrial of Lin Jingui’s case began on April 19, 2017 and the High Court Kaohsiung Branch Court acquitted him on August 7, 2018. The prosecutor appealed and the Supreme Court remanded the case on December 26, 2018. The High Court Kaohsiung Branch Court issued a verdict on December 3, 2020, finding Lin Jingui guilty. This guilty verdict was revoked by the Supreme Court on November 3, 2021.
After a ten-month trial, at 9:30 am today (August 30, 2022), the High Court Kaohsiung Branch Court acquitted Lin Jingui for a second time.
Lin Jingui has finally received the verdict of innocence that he deserves.
After the court issued its ruling, Lin Jingui, his family, the Taiwan Innocence Project, the Lin Jingui Volunteer Lawyers Group, and many of his supporters gathered to hold a brief press conference on the court’s front steps.
Lin Yufang—Lin Jingui’s sister, who never stopped believing in his innocence—was the first to speak. It was Lin Yufang who found key evidence that helped to lead to each of the retrials: a photo of him taken two months before his arrest. The photo showed that he and the man in the video monitor could not be the same person. Lin Yufang said that after more than ten years of hard work, the verdict was a relief. She has always believed that brother did not kill or hurt anybody. “Innocence is innocence,” she said. Lin Yufang hopes today’s acquittal will allow her and her brother to return to a peaceful and ordinary life.
▍Lin Jingui : I always believe that the court would clear my innocence
Lin Jingui, who was overcome with emotion, said that he has been anxiously awaiting the verdict. When he heard it, he had no words. This nightmare has now trapped him for fifteen years. It was 2007 when he was first accused of shooting and killing a taxi driver. Today he has been found to be “really innocent.” He said that the support of the group, from his family to the volunteers, made it possible for him to be free today.
▍Ko Yunching, Campaign Director : Thanks to the court for allowing Lin Jingui and his family to wake up from this nightmare
Ko Yunching, the Campaign Director of the Taiwan Innocence Project, described the staggering absence of evidence against Lin Jingui. He did not have a gun, did not know the victim, and there was no physical evidence that linked him to the crime. He passed a lie detector test and had an alibi. From beginning to end, his testimony never changed. Those who claim that Lin Jingui committed the crime have flawed identification documents, witnesses who were never at the scene, and informants in prison who know more about the crime than he does.
It has been five years since the retrial opened in 2017. During these years, myriad experts provided testimony in support of Lin Jingui that drew upon their scientific and professional experience. Among them are Mr. Lin Baoan, the owner of Huadiao Photo Studio; Dr. Jiang Dongliang and Dr. Lin Songran, who provided professional opinions on hair growth rate; and Dr. Wang Yuqiang, who provided scientific opinions regarding 3D face recognition technology. Ko Yunching thanked the court for finding Lin Jingui innocent and expressed her hope that he and his family can finally wake up from this nightmare.
Finally, Ko stressed that the real murderer is still missing and at large. She called on the prosecution not to appeal, but to “put its strength in the right place, restart the investigation, and discover the truth.”
▍Wang Chiting, Social Worker: I have worked hard to accompany and protect Agui’s family along the way
Wang Chiting, a social worker from the Taiwan Innocence Project, emphasized that Lin Jingui’s case has dragged on for fifteen years. During this extended period of time, his family members were vital and dogged. Even when the news from the court was devastating, Lin Jingui’s sister and brother-in-law never stopped standing by his side. They accompanied him to court, gave him work, and provided financial and transportation support. Today’s verdict is an opportunity for everyone to celebrate his family’s hard work.
Wang observed that Lin Jingui is not the sort of person who can speak with ease or confidence in a courtroom setting. Yet in spite of this, he worked tirelessly to read legal texts, wanting to discuss with lawyers how he can help. She also said that from the moment he was accused, he has repeated these words: “I did not kill anybody,” “I did not commit a crime,” and “I am innocent.” These words have never changed.
Last, Wang mentioned that there are many exonerees who have come to support Agui and accompany him through his journey. She believes that Agui, like the exonerees who appeared alongside him today, will support those in the future who have been wrongfully convicted.
▍Yang Ziting, Paralegal: No one should be wronged or oppressed in the judicial system
Yang Ziting, the paralegal of the Southern Office of the Taiwan Association for Human Rights, also showed up on the day of Lin’s sentencing. She said that the Taiwan Association for Human Rights has long been concerned about human rights issues in Taiwan. Those who have been wrongly convicted and persecuted by the judicial system are of deep concern to the Association.
Yang, who has been following the Lin Jingui case since 2016, was relieved to see Lin Jingui’s acquittal today. This was such good news after years of hard work. She sent greetings and congratulations to Agui’s family.
▍A chorus of blessings from those who have been rehabilitated
The exonerees of the Innocence Project, including Chen Longqi, Chen Yanfei, Xie Zhihong, and Lin Jinlong, also came to court to express their solidarity and bless Lin Jingui.
Chen Longqi, the first person exonerated by DNA evidence by the Taiwan Innocence Project, said that Lin Jingui has already served ten years in prison and had been charged with a life sentence.
Chen Yanfei, an exoneree in his 70s, congratulated Lin Jingui on his acquittal. He said he knew how much the judiciary had dragged down his life. Too many people, he said, have been wrongly accused and convicted. He hopes that the judiciary can reform itself to cease the suffering it has caused.
Lin Jinlong, an exoneree who was falsely accused of drug trafficking, said that the road to vindication is always difficult. Many people help along the way. He encouraged Lin Jingui to “walk forward bravely” and “forward together.”
Finally, Xie Zhihong, the seventh person in Taiwan to be exonerated from an unjust death sentence, called on the prosecutor to “let go” and forgo an appeal. Focus on finding the real culprit, Xie urged, instead of wasting judicial resources on prosecuting innocent people. He expressed his hope that Lin Jingui can return to the life he had before and avoid the torture of being unjustly prosecuted.
【Timeline of Lin Jingui’s Wrongful Conviction and Imprisonment】
Timeline
2007.01.05 Lin Jingui went to Kaohsiung Daliao Household Registration Office to apply for an ID card
2007.01.25 Lin Jingui went to the Household Registration Office to change his ID card because he had changed his address
2007.03.05 Lin Jingui went to Huadiao Digital Image Studio to take a photo
2007.05 .09 At 9:35 p.m., a taxi driver in Fengshan, Kaohsiung Fengshan was shot
2007.05.09 At 10:40 p.m., Lin Jingui’s mobile phone contact showed that the address was in Jiali, Tainan
2007.10.10 Lin Jingui was arrested, and the witness at the scene identified Lin Jingui as the perpetrator. Lin Jingui stated he was innocent.
2007.11.29 Lin Jingui passed a polygraph test.
2008.01.30 Kaohsiung District Prosecutor’s Office prosecuted Lin Jingui for homicide.
2008.03.25 The district court heard that the fingerprints in the car did not match Lin Jingui.
2008.04.29 Kaohsiung District The court convicted Lin Jingui of homicide and sentenced him to life imprisonment. (Chongwu Zi No. 11 in 1997) 2008.12.22 The Kaohsiung High Court rejected Lin Jingui’s appeal. (Shang Zhongfu Zi No. 12 in 1997)
2009.03.26 The Supreme Court revoked and remanded the case (Tai Shang Zi No. 1669 in 1998)
2010.06.17 Kaohsiung High Court convicted Lin Jingui of murder (Tai Shang Zi No. 5482 in 1999)
2015.02.04 Criminal Procedure Law Retrial Amendment to New Law Announced.
2015.02.05 The defense team applied for retrial with “Google driving route map.”
2015.02.26 Kaohsiung High Court rejected the application for retrial.
2015.06.25 Supreme Court rejected the defense team’s appeal.
2016.03.17 The defense team applied for a retrial with the newly-found headshot photo and the expert opinions on the speed of hair-growing and on 3D facial recognition analysis
2016.07.25 The Kaohsiung High Court rejected the application for a retrial for the first time.
2016.09.22 The Supreme Court revoked the finding for the first time and remanded.
2016.11.30 The Kaohsiung High Court rejected the retrial for the second time.
2017.01.25 The Supreme Court revoked the finding for the second time and remanded.
2017.04.18 The Kaohsiung High Court ruled in favor of a retrial and stopped the execution.
2017.04.21 Lin Jingui was released.
2018.08.07 The Kaohsiung High Court announced the retrial and found Lin Jingui not guilty (No. 1 in 106 Years)
2018.08.27 Kaohsiung High Branch Office appealed.
2018.12.26 The Supreme Court revoked the original judgment and remanded it for revision (107 Years Taishang Zi No. 4034)
2020.12.03 The Kaohsiung High Court convicted Lin Jingui of murder (No. 1, Zai Geng, Year 108)
2021.11.03 The Supreme Court revoked the original judgment and remanded it for retrial (Tai Shang Zi No. 1899, Year 110)
2022.03.31 The Kaohsiung High Court summoned police to court to testify.
2022.07.28 The retrial at the Kaohsiung High Court ended.
2022.08.30 The Kaohsiung High Court acquitted Lin Jingui.
