Offer To The CEO

Friday, continued …

The judge looked at all the lawyers and realised that each of them knew he was going to strike a balance that none of they would be completely happy with.  Continuing he said "At present I only have a report on Madam Hou as to the impacts of these proceedings on her.  That is because of her situation, which places her in a different position to most other victims.  But the other victims will be impacted not only by the constant return of these matters to court but the press coverage.  The extent of that is something I cannot gauge as I have no direct evidence on that before me."

"On the other hand, there is the report noting the continued deteriorating of Mr Lu's mental health.  The court system cannot risk, in a case such as this the situation becoming so bad that the cases are delayed so long into the future because his mental health becomes so bad."

"Mr Nang however has given a workable solution to balance matters out.  The earliest any final hearing could occur here or in the capital is three and a half months' time.  About the time Madam Hou will have given birth or be about to give birth.  No court would force a new mother to be involved in proceedings in those circumstances."

"What I will do is set the matter for a final hearing in six months' time unless evidence arises that Madam Hou has developed post-natal depression.  That is subject to updated recommendations from Mr Lu's psychiatrist that should be filed regularly, as justice will not be served for anyone if we force the hearing."

"I will however list the matter for administrative hearings each two to three weeks for administrative hearings to continually assess the situation and for any other agreements reached with victims to be filed.  None of the alleged victims or Mr Lu will be required to be present at these hearings but can do so if they wish."

"Now in preparation for the final hearing Mr Lu will be required to undergo an independent psychiatric assessment.  That should reach a similar conclusion to the reports provided by Mr Lu's team to the court.  It may allow the national prosecutors to put forward a proposal to resolve all outstanding matters.  Additionally, I will ask all lawyers for the victims at some stage to file a psychologist or psychiatrist report on their clients.  Mr Lu and his team have previously claimed that these charges are a result of a vendetta against him and manipulation of the situation.  Miss Gang, you have two weeks to file with the court a summary of the allegations of this vendetta that each victim is required to provide to the psychiatrist or psychologist who provides the report."

Alister at that point jumped up "Sir, to ensure that all reports are prepared by competent people CEO Hou has quietly indicated that he is willing to provide fifteen million to the court for the purposes of the payment for these reports."

Jane jumped up "Well that means CEO Hou is buying the outcome he wants."

"Miss Gang, no.  There are at present over one hundred victims of your client where there are still matters before the court.  The costs of those reports if the court pays for them will ensure very few other cases can have such reports paid for.  Our client is not requiring anything from his offer, it is simply to ensure that your client can receive justice in the matter.  In fact, other than attending for the report to be prepared on him our client want's nothing to do with the reports."

"Miss Gang, before you respond, I think that is a reasonable offer, but to address any concerns each victim will be given an appointment with someone the court appoints for the purpose of the report, directly pay them for the report and only provide a copy of the report to you, the national prosecutors and to the lawyer for the victim.  The victim will not be permitted to read their report, nor can if be provided to anyone else.  That is a reasonable compromise and will address your concerns."

"Now there is one final matter.  I need to vary the orders of protection currently in place to enable Miss Gang or other representatives of Mr Lu's legal team to directly deal with those covered by them.  Mr Lu, that does not allow you to be in contact with them but allows your legal team to put forward offers directly rather than having to go through lawyers, and possibly resolving matters that otherwise would not be resolved."