Chapter 96 - 75: Sacrificing the Tail to Survive

Lv Guangjun was in no condition for cross-examination. Allowing him to remain in the courtroom would only delay the proceedings.

Things were already chaotic enough thanks to Xu De. If this went on...

Zhang Bingxin was afraid the stress would turn his hair white overnight.

BANG!

The gavel fell.

Several bailiffs came forward, supporting the agitated Lv Guangjun as they led him out.

"Slander! This is slander!"

"I didn’t agree to the recording... I never agreed to it!!!"

His voice faded into the distance.

It finally vanished down the corridor behind the side door, as if he had been dragged off and devoured by a wild beast.

"Counsel, did you bring the recording device to court?"

Zhang Bingxin asked, looking at Xu De while rubbing the bridge of his nose.

"I have it right here. It’s the latest model and complies with all legal statutes."

Xu De immediately produced the camera used for the recording.

There are two key points in determining whether a piece of evidence is admissible.

Whether the party in question was informed, and whether the device itself is legal!

That’s right. Under the law, the specific model of the recording device is also important.

For instance, if you were to use a pinhole camera, the recording would be inadmissible by law, even if it was pointed directly at the subject and both parties had consented.

Of course, most commercially available cameras comply with legal statutes.

The one Xu De used was naturally no exception.

The court clerk inspected it for some time before finally looking to Zhang Bingxin and nodding, acknowledging the device’s legality.

Zhang Bingxin looked like he wanted to say something, but held his tongue.

All at once, the entire courtroom fell silent. The previous clamor and furor were gone, replaced by a profound quiet.

From a legal standpoint, Xu De’s actions... were completely lawful.

He had informed the subject of the method and time of the recording, clearly indicated the camera’s location, and asked objective questions relevant to the case...

Even him leaving midway through the conversation was technically legal!

Correct. In theory, once he left Lv Guangjun alone, the recording should have infringed upon the latter’s expectation of privacy.

But at the beginning of the recording, Xu De had left Lv Guangjun in his office...

His *public* office!

Legally, a private office and a public office have two completely different levels of privacy. Even if a public office is empty, a recording made there does not constitute an "invasion of personal privacy," merely an "infringement on the expectation of privacy."

That small distinction in wording makes a world of difference in determining the legality of the act!

And after Xu De left...

...the things Lv Guangjun said were directly related to the questions Xu De had previously asked, meaning they couldn’t be dismissed as "irrelevant"...

While the validity of the consent agreement couldn’t override statute, when all these factors were combined, the agreement was actually enforceable!

"Was he doing this on purpose?"

On the judicial bench.

Judge Zhao Xing pondered for a long moment before he couldn’t resist glancing at Xu De.

All these "factors" piling up... it was hard to believe someone could orchestrate all this in a normal, unprepared conversation.

"Even if he did it on purpose, it doesn’t matter."

Lu Guowei carefully considered the evidence, then murmured with a grimace.

"His intent may have been deliberate, but objectively speaking, the evidence is perfectly legal!"

"We could cite procedural non-compliance and use the court’s discretionary power to rule the evidence inadmissible, but... you know how it is. You can’t just throw out irrefutable proof."

As he finished speaking, the judicial bench fell silent.

For an evidence ambush during cross-examination, a judge does have the authority to strike it down and penalize the attorney.

But...

It was just as Xu De had said before.

A judge would only ever strike down minor evidence that’s useless to the case and only serves to intentionally delay the trial!

Across the thousands of courts in all of Dongguo, not a single judge would dare to throw out irrefutable evidence. Not even if it was submitted as an ambush... not even if the one submitting it was audacious enough to argue with the judge in open court!

The evidence still couldn’t be thrown out.

The reason was simple.

First, a court’s purpose is to adjudicate cases. Its goal is to conclude the trial reasonably and in accordance with the law. It makes no sense to pick a fight with solid evidence.

Second... if you dared to reject the evidence...

...then after the verdict, that same evidence would be used by someone else to strike *you* down.

Homicide cases are extremely likely to be appealed. If the opposing party simply resubmits the rejected evidence to a higher court during the appeal... the initial verdict would be overturned and the case sent back for retrial, one hundred percent of the time.

And that wasn’t all. In addition to the retrial, the original presiding judge would absolutely face disciplinary action!

So...

...unless Xu De decided to jump up and dance in the middle of the courtroom, they could afford to turn a blind eye to his less egregious actions.

After a long moment of thought, Zhang Bingxin’s gaze snapped to the defendant’s dock and then to Liu Jingqi’s family.

"Defendant!"

"Family of the defendant!"

"Regarding the recording we just heard, was what Lv Guangjun said true?"

At his question, the three of them reacted differently.

Liu Jingqi, sitting in her chair, was visibly furious. Her hands were clenched into tight fists as she glared at Xu De, her eyes dark and her teeth grinding with rage.

Her parents, Liu Hao and Cai Fei...

...both had faces contorted with fury. Now that they had been addressed by name, they couldn’t stop themselves from blurting out:

"It’s fake!"

"It’s all fake!"

"I didn’t make that call! I never called Lv Guangjun!"

Cai Fei’s voice was shrill enough to hurt one’s ears.

She had never imagined that a casual phone call she made on the 2nd would end up being recorded.

’But it’s fine,’ she thought. ’Xu De didn’t record *my* voice!’

Liu Hao added:

"Your Honor, that’s fabricated evidence!"

"They got Lv Guangjun to put on an act for them! We never called him. He’s making it all up!"

As he spoke, Zhang Wei and Sun Bing, who were sitting nearby, suddenly sighed.

’There’s no getting out of this...’

’The phone records can’t be deleted, and Cai Fei’s voice was clearly captured on the recording. The court can perform a voice analysis to confirm it’s hers.’

Of course, they could delay the current proceedings and bluff their way through this round of questioning, no problem.

But... someone else was not about to let this opportunity slip by.

In that moment, a voice came from the prosecution’s table.

"Cai Fei, family of the defendant, did you bring your mobile phone to court today?"

Huang Shi’s gaze was sharp as he pressed Cai Fei.

Cai Fei’s face fell. She knew instantly that he wanted to examine her call history right then and there.

"I lent my phone to someone on the 2nd. I don’t know if there’s a record of it or not..."

But Huang Shi cut her off, giving her no room to maneuver.

"Who did you lend it to?"

"What’s their phone number? The court can contact this person right now!"

’This...’

’...sounds awfully familiar.’

Zhang Wei’s expression darkened. He felt this line of questioning was eerily similar to when Xu De had made Liu Jingqi and Lv Guangjun write down the "amount."

’Damn it!’

’That Huang Shi isn’t even angry... Xu De ambushed him with this evidence, clearly using him as a pawn...’

He cursed inwardly.

But even as he cursed, his mind was racing.

As things stood...

The moment Xu De produced that evidence for cross-examination, the trajectory of the case had been all but decided.

What if they could get it ruled inadmissible, you ask?

Useless!

You have to remember that a judge isn’t a cold, unfeeling machine. They’re human, a living, breathing person!

Evidence introduced via ambush, even if it’s technically inadmissible due to a lack of legal standing and has to be officially rejected...

...only disappears on the surface!

It still exists in the judge’s mind.

The judge knows full well whether a piece of procedurally flawed evidence is genuine or not.

So, he might reject the evidence... but when it comes time for sentencing, while he won’t cite it as the official basis for his decision, he will sentence you based on it in his mind!

In other words, it sways the judge’s discretionary sentencing power!

Exactly.

The reason Zhang Wei had been so frantic, to the point of completely losing his composure a moment ago, was because it didn’t matter whether the evidence was real or not. Even if it were thrown out on a technicality...

...the judge would shift from a cautious, hesitant neutrality and become biased toward Xu De!

The move was simply diabolical...

’Diabolical!!!’

Zhang Wei cursed inwardly again.

You didn’t even need to cross-examine it. Just revealing its existence increased your odds of winning... Calling such a tactic monstrous wouldn’t be an exaggeration.

But this wasn’t the time for cursing...

At the defendant’s table.

Gold Medal Lawyer Sun Bing took a deep breath, leaned over, and whispered in his ear:

"The trial is still going on!"

Zhang Wei took a deep breath, forcing himself to calm down.

’That’s right, the trial’s not over. Fixating on that piece of evidence is a mistake.’

Since the damage was already done...

’We have to abandon the self-defense argument.’

The decision formed instantly in Zhang Wei’s mind.

’We’ll leverage the defendant’s own ’advantage’ and focus everything on getting a reduced sentence!’

Liu Jingqi had a major advantage.

An advantage that was a ’legal red line’—one that not even irrefutable evidence, be it made of steel or gold, could breach in the slightest.

If they cut their losses and regrouped...

...and built their case around this ’unbeatable’ advantage...

...they might still be able to win!

At this thought, both Zhang Wei and Sun Bing’s expressions shifted, and they were instantly back in the game. Zhang Wei immediately cut in, speaking over Huang Shi:

"Mr. Prosecutor, the events of the 2nd were too long ago. My client’s relative is of an advanced age, and her memory is weak. She has forgotten."

"You are asking the impossible!"

With that said, Zhang Wei turned to Chief Judge Zhang Bingxin and continued:

"Your Honor."

"The defendant, Liu Jingqi, is sixteen years and eleven and a half months old. She has not yet reached the age of eighteen!"

"In accordance with Article 113 of the Law on the Protection of Minors, Article 17 of the Criminal Law, and Article 78 of the Criminal Law..."

"The defense..."

Zhang Wei paused, his voice low and solemn as he declared:

"...requests that she be given a lighter, more lenient, and reduced sentence!!!"