Why was Gao Yunxiang imprisoned?

At noon on June 29, Beijing time, after two bail trials in Gao Yunxiang’s suspected sexual assault case, the judge finally approved Gao Yunxiang’s bail application. According to media reports, Gao Yunxiang’s bail is 3 million Australian dollars (approximately 14.65 million yuan). In addition, Gao Yunxiang still needs to live in the house rented by Dong Xuan in Macao, report to the police station twice a day, hand over the passports of himself, his mother and daughter, not go near the airport, not come into contact with the victim, and also need to wear an electronic Monitoring equipment. At the same time, Gao Yunxiang's studio also issued a statement at noon on the 29th. The statement denied the previously circulated rumors that "Gao Yunxiang was bullied in the detention center" and announced the judge's latest review of the case, which mentioned that "the victim Zhang A certain person changed his testimony many times and produced four versions; the victim did not want to report the crime, but her husband took her to the police station.”

I interviewed Australian Chinese law firm AHL for the first time. Lawyer Shen Hanbing interprets the details of this case and analyzes what Gao Yunxiang will face next in this case. Lawyer Shen said that Gao Yunxiang will leave the Australian prison on a different date when the bail money is in place and the legal procedures are completed. However, except for reporting to the police station twice a day, he can only stay in his rented residence in Australia for the rest of the time. Once he exceeds the legal limit, he may be arrested by the police again.

After being released on bail

Gao Yunxiang needs to report to the police station twice a day

After Gao Yunxiang is released on bail, can he return to his residence in Australia immediately?

Shen Hanbing: It depends on the length of the procedure. One of the bailors provided a house mortgage, so he had to communicate with the bank first and wait for the money or check to be presented to the court before Gao Yunxiang could be released on bail. The exact time depends entirely on the speed of the bank. And even the simplest bail, for example, when the judge holds court and announces the bail decision before lunch break at 1 o'clock, you only need to pay a bail of 20 Australian dollars, but from the time the bailor takes the 20 Australian dollars to the registration office, and then waits for the staff to come out, you will probably have to wait. 4 hours, and then there are many procedures to go through before the defendant can finally go home. So although Gao Yunxiang can definitely be released after being released on bail, it will still take some time.

Can Gao Yunxiang move freely after being released on bail?

Shen Hanbing: Gao Yunxiang can only live in a place of residence designated by law, and cannot go outside the legal limit 24 hours a day (a few hundred meters around the place of residence). He can only go out except to report to the police station twice a day. , nothing more. Gao Yunxiang will wear an electronic ring, which costs about 20,000 Australian dollars a pair, and put it on his feet. Once Gao Yunxiang leaves the designated area of ??the electronic alarm, he will be arrested. But he can do anything legal at home without any restrictions.

What is the specific procedure for reporting to the police station twice a day?

Shen Hanbing: There will be a very small machine installed at the door of the Australian police station, just like a clock-in machine for work. The defendant would press it once in the morning and again in the afternoon.

Reason for release

The decisive factor was not "Dong Xuan moved to Australia with his family"

Dong Xuan, his parents and daughter decided to move to Australia. Was it Gao Yunxiang? The decisive factor in successfully applying for bail?

Shen Hanbing: I think this is actually not very flattering, because if something is proposed in court that cannot be done in practice, it can easily cause counter-effects. Gao Yunxiang's lawyer suggested that Dong Xuan may have been living temporarily in Australia with Gao Yunxiang's parents and daughter. In fact, this possibility is unlikely because they are not permanent residents or citizens of Australia, and it is impossible for the parents to stay permanently without reason. And this judge has very rich experience in handling immigration cases before, so I think this was not handled well. But no matter what, it doesn't matter if the bail is successful.

Did the new video evidence of the intimacy between the victim and one of the defendants Wang Jing (transliteration) provided by Gao Yunxiang’s lawyer the day before help him?

Shen Hanbing: This evidence will undoubtedly help Gao Yunxiang. According to the court hearing on the 29th, we know that the victim provided four versions of testimony, but these four versions of testimony are actually conflicting.

Next, the judge watched the videos from the hotel and the karaoke room, and both sides provided the same testimony. In the video, the victim and the defendant at least seemed to be getting along very comfortably together, and they also had close contact with Wang that went beyond friends. And she actually had the opportunity to leave, and it was not rude to leave, but she did not use these opportunities. The judge may therefore conclude that the victim did not show any reluctance. Moreover, when she went home that day, she didn’t want to tell her husband what happened. She just wanted to sleep. It was her husband who took her to the police station to report the crime. So these videos did partially help Gao Yunxiang.

In addition to this video evidence, in your opinion, what other factors made the judge decide to grant bail?

Shen Hanbing: First of all, the judge also made it clear that the victim had actually revised her testimony several times. In this case, the case is not a case with conclusive evidence. Secondly, Gao Yunxiang is famous, and escaping will have a great impact on his reputation, so it is absolutely impossible for him to escape. Therefore, there is actually no need to use taxpayers' money to support him.

The bail amount proposed by the bailiff on the 28th was about 1.4 million Australian dollars. Why did it double to 3 million Australian dollars on the 29th?

Shen Hanbing: Because the judge mentioned that someone had tried to settle out of court, I personally think that the bail may be increased as a result.

At 12:00 on June 28, the second bail appeal hearing in Gao Yunxiang’s case opened. According to the media at the scene, Gao Yunxiang appeared in court via video wearing a dark green prison uniform. Gao Yunxiang's lawyer submitted a video material as new evidence in court. The lawyer said orally that the video was a video of the wedding banquet on March 26. In the video, Wang Jing ( Transliteration) and the victim had multiple kisses, hugs and other intimate contacts in the KTV. Gao Yunxiang's wife Dong Xuan also attended the scene with her daughter "Little Dimples" and expressed through her lawyer that she is willing to move to Australia with her daughter until the case is heard. She hopes that this move will allow the court to alleviate doubts about Gao Yunxiang's return to China and win for her. Bail successfully.

From the Beijing News