On October 26, 2023, the trial of Wang Xiaogang’s “self-defense” case in Xianyang was held. The Xianyang authorities sent a large number of police officers to maintain security, and conflicts continued in the court. (Video screenshot/Epoch Times synthesis)
[The Epoch Times, November 4, 2023](Epoch Times reporter Li Xi’s interview and report) The self-defense case of Wang Xiaogang, a citizen of Xianyang, Shaanxi Province, was recently held in a kindergarten in Xianyang City, and the authorities dispatched a large number of police officers to maintain security. According to Wang Xiaogang’s legal representative and sister, Wang Xiaoqin, the judge did not allow relatives to observe, and the lawyers, parties, and legal representatives were once kicked out of the court during the trial.
The Wang Xiaogang self-defense case originated on September 26, 2022. Because Wang Yingqiang and Wang Xiaogang and his son went to Gezhouba No. 3 Company to appeal for injustice, stability maintenance officer Ma Yongkui came to the Wang family with a sharp knife for two consecutive days to cause trouble. On the morning of September 28, Ma Yongkui came to Wang’s yard with a knife to cause trouble, and was injured by Wang Xiaogang with a wooden stick. Later, Ma Jianjun, the son of Ma Yongkui, drove a private car into Wang’s yard. As a result, his father, Ma Yongkui, was crushed under the car and Wang Yingqiang, who was sitting in the yard, was injured, causing him to be seriously injured and paralyzed.
Subsequently, Wang Xiaogang was taken away by the police and placed under residential surveillance.
A large number of police officers prevented the Wang family’s relatives and friends from observing
The case was held on October 26, 2023, on the first floor of the Kindergarten of the Family Court of Xidian No. 4 Company, Qinhan New City, Xianyang District. Police officers were stationed inside and outside the kindergarten to prevent onlookers from approaching, and relatives and friends of the Wang family who came to watch were also blocked outside the iron gate.
The case was split into two and heard in the same court on the same day by the same bench of judges. The two court dates on the court hearing notice are only one and a half hours apart. However, the first court session lasted for eight hours, and the judge did not allow breaks or meals. Li Xinghao, the attorney for the second court, waited outside the court for seven hours.
Ms. Jin, a netizen who was watching outside the court that day, told an Epoch Times reporter, “Not long after the trial started, I saw the bailiff carrying 83-year-old paralyzed Wang Yingqiang out and abandoning him in the kindergarten yard, exposing him to the sun for several hours. He is so old. Just leave it alone.”
Client Wang Yingqiang and lawyer Wang Guiyi were expelled from the court
The first court, “Ma Jianjun Intentional Injury (Wang Yingqiang) Case”, opened at 9 a.m. on October 26, with attorney Wang Guiyi and legal agent Wang Xiaoqin.
Wang Xiaoqin, the legal representative in Wang Yingqiang’s case, told The Epoch Times, “My father heard the presiding judge Liu Yan talking nonsense (about the case) just after the trial started. He protested for a few words, and Liu Yan said that my father was disturbing the order of the court and forcibly took him away. Leave. Let me take my father out. As soon as we got outside, the old man felt dizzy and lay down on the ground. He kept lying there without anyone caring about him.”
“Lawyer Wang Guiyi asked Liu Yan to recuse himself because he suggested that the presiding judge Liu Yan’s procedures were illegal. He did not recuse himself and was not allowed to review the case. Lawyer Wang Guiyi said that recusal was decided by your dean, not you. Then Liu Yan called The bailiff drove the lawyer out, saying they wanted him to go out and calm down.”
She said, “After the lawyer came out, he borrowed a mobile phone from the onlookers because our mobile phones were confiscated. He called the inspection team of the Shaanxi Provincial Party Committee in Weicheng District, Xianyang City. Maybe Liu Yan’s assistant heard him call the inspection team I made a phone call, and not long after, I called the lawyer to come in and continue the trial.”
In the case of Ma Yongkui’s death, according to the appraisal agency contacted by the Xixian Public Security Bureau, the cause of Ma Yongkui’s death was severe craniocerebral injury. In other words, the craniocerebral injury caused by Wang Xiaogang’s blow with the stick accounted for 70% of his death, and the fact that his son Ma Jianjun drove over him accounted for only 30% of his death.
The Wang family could not accept the identification results, so Wang Xiaoqin invited a forensic team with 50 years of experience to make an academic report to prove the cause of Ma Yongkui’s death. The identification results are fundamentally different from the original official identification report. According to Ma Yongkui’s case, he died of massive hemorrhage and traumatic shock caused by multiple pelvic fractures, not due to head injury.
Wang Xiaoqin said, “Lawyer Wang pointed out in court that the original conclusion of the wrong identification was demonstrated by multiple forensic doctors. Liu Yan said, what you said are all medical words, which we can’t understand. If you want to say these words again, I will I’ll kick you out again. I won’t let Lawyer Wang speak or explain.”
“We submitted new evidence proving that Ma Jianjun and his son had committed crimes by visiting the house with knives many times two days before the incident, but Presiding Judge Liu Yan and Prosecutor Bai Yufeng said they would not accept it.
“In addition, the seven or eight witnesses presented by the police are all relatives of Ma Yongkui, and they are all perjury. Lawyer Wang proposed to call these witnesses to testify in court, but Liu Yan disagreed. Since you have witnesses, why don’t you let these witnesses testify in court?” she said.
Since August, lawyers Wang Guiyi and Li Xinghao have submitted applications for webcasting to the Weicheng District Court, but neither has been approved. On the day of the trial, no members of the Wang family were even allowed to attend the hearing. All six seats in the court were given to the Ma family.
Wang Xiaoqin said, “Since it is a fair trial and a fair verdict, why are you afraid of people watching and knowing? Even the onlookers were chased and blocked by them, and they violently drove them away. A large number of police were sent to prevent people from entering the kindergarten.”
“My father’s case was open from 9 a.m. to 5 p.m. At noon, lawyer Wang Guiyi proposed to give everyone a meal time, but the presiding judge Liu Yan disagreed and said: ‘If you want to eat, go out to eat by yourself.’ The court was not allowed to adjourn. But Two of them went out, and two more came in. They just took turns going out, and I don’t know if they were going to eat.”
An 83-year-old paralyzed man participated in the trial for 8 hours without drinking water or eating a morsel of food all day long.
The Epoch Times reporter called lawyer Wang Guiyi and he expressed his unwillingness to be interviewed by the media.
Wang Xiaoqin was removed from the trial of Wang Xiaogang’s intentional injury case
Immediately afterwards at 5:30 pm, the second court “Case of Wang Xiaogang Intentional Injury (Ma Yongkui)” opened. Attorney Li Xinghao, family defender Wang Xiaoqin, and legal representative Wang Yingqiang. Seven hours have passed since the originally notified court date of 10:30 a.m. on October 26.
Wang Xiaoqin asked for a meal for the elderly, and a staff member came over and verbally informed: “Only 15 minutes for eating, and the court will start at 5:30.” Wang Xiaoqin asked for a steamed bun from others at the entrance of the kindergarten and ate half a steamed bun with her father. When they went in, they were a few minutes late, and Liu Yan wouldn’t let them enter the court.
Wang Xiaoqin said, “The collegial bench notified lawyer Li Xinghao that the court session would be at 10:30 in the morning. It had been delayed for seven hours. They didn’t even apologize to the lawyer, and we were only allowed in after a few minutes delay.”
“At that time, lawyer Li Xinghao had already gone in early because he had eaten lunch. After a while, he came out of the court again. I wanted to go over and ask him why. Judge Wang Min asked the bailiff to block me and prevent me from contacting the lawyer. Then they asked me and my father to go in, and told me that my father was not allowed to speak after we went in.”
After entering, Wang Xiaoqin felt very sad when she saw that Wang Xiaogang was wearing prison uniform, his hair was white, his back was hunched like an old man, and he was chained to a chair.
Wang Xiaoqin said that the day before the trial (October 25), lawyer Li Xinghao went to the detention center to meet with Wang Xiaogang. When he came out, he told Wang Xiaoqin: “Wang Xiaogang has become a vegetative state.” He said, “I asked Wang Xiaogang what your name was? Wang Xiaogang didn’t respond. When I asked him what your father’s name was, he didn’t say anything, showed no expression, and had no reaction at all.”
Lawyer Li Xinghao said that Wang Xiaogang has become a vegetative state. He has neither any memory nor the ability to stand trial. There is no value in holding this court again. He is just a prop. Wang Xiaogang no longer has the ability to answer questions. How can I defend him?
“So, I told the lawyer, if you go in and see if Wang Xiaogang really becomes a vegetative state, you can tell the judge that I will fire you. At that time, the lawyer said to me: ‘I have handled cases all over the country, and I have never handled any cases before. A case as dark as the Weicheng District Court.'”
In order to confirm what the lawyer said, Wang Xiaoqin called out: “Wang Xiaogang” in the court. He didn’t respond at all. She didn’t give up and called out again: “Wang Xiaogang”. “Liu Yan scolded me at that time: ‘Don’t speak.'”
“When I called the second time, my brother just tilted his head slightly, his eyes were still straight, and he didn’t respond at all. When I saw this scene, my heart completely collapsed, and I said: ‘Prosecutor Bai Yufeng, Judge Wang Min, I have written to you many times to apply for compulsory changes, but you did not agree and lied that Wang Xiaogang has always been in good health.'”
Wang Xiaoqin was too emotional and was forced out of the court by the bailiffs. She was pressed on a chair outside the court door. Four bailiffs twisted Wang Xiaoqin’s wrists behind her back. Two bailiffs on the left and right grabbed her shoulders. Wang Xiaoqin Seven or eight bailiffs restrained her at the door, unable to move.
Because there was no other defender in Wang Xiaogang’s case, the collegial panel was forced to adjourn the case.
The attorney was noticed by the Justice Bureau
Wang Xiaoqin said that on the afternoon of October 30, lawyer Wang Guiyi informed on the phone that the Shenzhen Justice Bureau had called and might want to interview him. The specific reason was unknown. It was speculated that he had been complained to by the Weicheng District Court. When lawyer Li Xinghao first took on Wang Xiaogang’s case, he was also complained to the Fujian Justice Bureau.
Wang Xiaoqin said, “After the court session on October 26, when Lawyer Wang and I were sorting out the information, Liu Yan walked out to Lawyer Wang and said to Lawyer Wang with a fierce expression: ‘You have made things difficult for me not just twice.’ I don’t If you understand that a lawyer is just adhering to the bottom line of the law, how can you call it difficult for him?”
“When Lawyer Wang came to Liu Yan for the first time to review his papers, Liu Yan made things difficult for him in every possible way. It took him three days to complete the papers that could have been reviewed in one day. Originally (Liu Yan) wouldn’t review the papers, but Lawyer Wang said that if you don’t review the papers for me, I can only expose you on Weibo. In such a strong situation, I transferred the file to the lawyer and made a record for the lawyer. The lawyer is not a criminal, so what right do you have to write a record for the lawyer!”
“The lawyer wants to communicate with the judge about the case. He calls Liu Yan, but he doesn’t answer, or hangs up when he does. If he goes to see him, he doesn’t show up. Who is making things difficult for whom?”
“When I called the judge, he didn’t answer the phone. I didn’t see him when I went to see him. I could see him once in a while, and he asked two bailiffs to search me to see if I had any audio or video recordings. During the conversation, he even called two The bailiff sat in front of me,” she said.
Lawyer asks: What are the problems in this society?
Wang Xiaogang, 47 years old, is a regular employee of Northwest Electric Power Construction No. 3 Engineering Company. In 2007, a labor dispute due to a work-related injury led to Wang Xiaogang suffering from mental illness and requiring medication to control it. Over the years, his salary and other due income have not been repaid, and pension payments have also been suspended. His father, Wang Yingqiang, petitioned for his rights and was beaten to the point of disability in both legs, and his mother died.
Wang Xiaogang’s work-related injury case has not been resolved for 16 years. Wang Xiaoqin said, “The person who pressed the case was a leader named Lei from the provincial department. If there was no behind-the-scenes operation, would the court dare to handle this case so blatantly?”
On September 26, 2022, Wang Xiaogang and his father Wang Yingqiang went to Gezhouba Thermal Power Company No. 3 to petition. The next day (September 27), stability maintenance officer Ma Yongkui came to Wang’s house with a knife to cause trouble. On the same day, he was pulled out by neighbors and the police were dispatched, but the trouble failed. On the morning of September 28, Ma Yongkui came to Wang’s yard again carrying a knife. As a result, he was run over by his son who came to help him and died.
The reason why Ma Yongkui frequently comes to make trouble, Wang Xiaoqin said, “is because the Communist Party of China will hold its 20th National Congress in October, and it is a sensitive period for maintaining stability. This should have a lot to do with it.”
Lawyer Wang Guiyi posted on his Weibo on October 28 with the title “Legitimate defense is difficult to achieve”. When talking about Wang Xiaogang’s case, “legitimate defense” has become so difficult that it cannot be recognized even if he fights back in his own yard.
He said that “legitimate defense” is not only stipulated in the “Criminal Law”, but also has other special provisions. When we sympathize with the deceased, we cannot deny Wang Xiaogang’s legitimate defense. This is a right granted by the law and must be adhered to. There is no way out. It can be said. However, no matter what situation occurs, it is even more difficult to identify “justifiable defense”. What exactly is the problem in this society?
Editor in charge: Lin Yan#