Offer To The CEO

Friday, continued …

Alister, could see his words had already started to sink in to the judge. "Dismissing his opinion as to the risks to Madam Hou and her unborn child regardless of the stage of her pregnancy cannot be dismissed as it seems to be by Miss Gang and the balance of Mr Lu's team.  Any risks with a pregnancy have to be treated the same, otherwise it not only creates a differentiation between women at different stages but treats some of them as less important than others."

"That medical evidence would say that the case needs to have a date set for its final hearing. It is not dismissing the psychiatrist report.   In setting the matter for the final hearing the court can establish a series of administrative hearings in the matter.  Updated psychiatric evidence as to Mr Lu can be provided and if that necessitates a delay in the final hearing the court can do that administratively."

"Further it would allow the court to simply deal with any additional settlement agreements reached in the matter.  None of that should require the attendance of anyone other than legal representatives, and the victims and Mr Lu can be exempted for attending.  In doing that it does not prevent them attending court if they wish.  The benefit of moving to administrative mentions in the absence of the victims and Mr Lu is that it will eliminate much of the press circus we see outside the court each time the matter comes before it, impacting the justice other people are here to seek in matters."

"Finally, given the psychiatric evidence Mr Lu should be required before the final hearing to undertake an independent psychiatric assessment by a court appointed psychiatrist.  While we are not questioning the skills of the psychiatrist employed by his legal representatives, given the high profiled nature of these matters, such an independent assessment will reduce any questions about the outcome in this matter, as both assessments should reach similar conclusions."

After Alister sat down, the representatives for all the other victims confirmed their support for everything he had to say.

Having heard angry mutterings from behind her, Jane turned and quietly said "Calm down and let me do my job.  This was a predictable argument, and I will have one final say about what happens.  But we can deal with it so do not worry."

"This is so damn unfair; they are controlling the situation and you know…"

"I know your frustration, but we have to occasionally pick the battles to get the outcome we want.  I will fight but it may be a case we have to fold to achieve the final goal in the case."

"No way will I cave."

"Let me do my job.  You know I know the final goal and I am determined to achieve that."

The National Prosecution representative stood up "Sir, I would agree with the further independent psychiatric assessment of Mr Lu. It makes sense, as the nature of this matter is that the final contested hearing will occur either in the capital or alternatively with a number of visiting judges."

Seeing that the judge was ready to say something, Jane quickly stood up.  "Sir, the accusation that we are dismissing Madam Hou's situation is abhorrent to our client.  This situation is about balancing all factors in the case, minimising the number of so-called victims to be present at court.  The issue is there are two competing situations here, and the court has to balance them."

Pausing, and looking at Anna, Jane continued "As a woman, who in the future hopes to have her own child, I hate to use this terminology but the risks to Madam Hou are temporary.  When she gives birth, they will disappear.  As the report on our client makes it clear his situation continues to deteriorate, and the situation with his mental health is not temporary nor is it stable."

"The interest of justice for everyone must outweigh the interest of justice for one person.  It is harsh reality that the court must accept.  Pushing to manage Madam Hou's situation will potentially lead to the outcome that our client's mental health deteriorates to the position that no one gets justice because his situation is so unstable that the matter cannot proceed."

When Jane finished speaking and sat down, there was a few moments of silence in the court room.  The judge then started to speak "Miss Gang, gentleman.  I have heard what you have to say, and read the reports filed.  It has changed my position as to what I am about to order.  As Miss Gang has pointed out it is a real balancing act that I have to engage in, the victims, Mr Lu and the interests of justice."