I thought I should share this here because I feel it really does help in terms of the absolute bullshit I have been the brunt of for far far far too long. If nothing else, I hope it is testimony to just how much I truly love Taiwan.
Reasons for my second Appeal:
-
Necessity and Duress as a Defense:
- The core argument for the appeal is that the actions taken, specifically the brief publication of the rental contract, were done under a state of duress and necessity. This defense is supported by the continuous harassment and unresolved safety hazards in the rental property, which created a genuine and reasonable fear for personal safety. Under Taiwanese law, actions taken out of necessity to prevent imminent harm or danger should be exempt from criminal liability. The lower courts failed to properly consider the application of this defense, leading to an unjust conviction.
-
Failure to Consider Key Witness Testimonies:
- The lower courts did not adequately consider the testimonies of five key witnesses who could have corroborated the claims of harassment, safety issues, and the state of duress under which the actions were taken. These witnesses are essential in providing a complete and fair assessment of the circumstances that led to the necessity defense. The absence of their testimonies significantly undermines the fairness and completeness of the judicial process, necessitating a reconsideration by the higher court.
-
Disproportionate Sentencing:
- The penalties imposed, including nearly NT$750,000 in fines and a six-month jail sentence, are grossly disproportionate to the alleged offense of briefly publishing a rental contract. This punishment does not reflect the nature of the act, especially given that it was done out of necessity and was rectified immediately. The sentence does not align with the principles of proportionality that should guide judicial decisions, particularly when the actions were driven by a need to protect personal safety.
- Concerns of Judicial Impartiality and Potential Corruption:
- There are serious concerns regarding the impartiality of the judicial process, evidenced by the conduct of certain court personnel and the suspicious absence of the official translator during a crucial hearing. Moreover, the involvement of the landlord as a self-appointed translator during court proceedings raises questions about the fairness and integrity of the process. These irregularities suggest potential external influences that may have compromised the impartiality of the judicial proceedings.
-
Ongoing Legal Harassment:
- The continuous legal actions initiated by the landlord appear to be part of a deliberate strategy to financially and emotionally devastate the appellant. This pattern of legal harassment should be recognized by the court as an abuse of the legal process, further justifying the need for a higher court to intervene and provide relief.
-
Failure to Address the Original Appeal's Merits:
- The previous appeal was dismissed without a thorough examination of the merits of the arguments presented, particularly the necessity defense and the key witness testimonies. This procedural oversight must be corrected to ensure that justice is properly administered.
Final Thoughts
In addition to the aforementioned legal arguments, I would like to bring to the court's attention the broader context of the past two years of relentless legal actions initiated by my landlord, which I believe are not only unjust but potentially criminal in themselves. The continuous barrage of legal threats, combined with the frightening and often incomprehensible legal documents I have received, has left me in a state of constant fear and anxiety. As an immigrant who has called Taiwan home since 2009, I have found myself without the financial means to secure legal representation, further compounding the distress of this situation.
It is my firm belief that the penalties and criminal charges imposed on me are entirely unwarranted given the circumstances. Instead, it is the landlord who should be facing scrutiny for her actions, which appear to be part of a calculated effort to remove me from my home, driven by a clear awareness of her own guilt. Her continuous legal harassment has only deepened her culpability, creating a situation where justice demands that she, rather than I, be held accountable for her actions.
Given these factors, I respectfully urge the court to reconsider my case with a full understanding of the context and the severe emotional and financial toll it has taken on me. I trust that the court will see the injustice in this matter and provide the relief that is so desperately needed.
Video Evidence
I later discovered that it was her husband who made that very scary phone call when it was revealed to me that his wife stated this in the police report. But wait, there’s more! Her husband inadvertently admitted to making the call in the farcical mediation video when he responded to overhearing me say, "That's the guy," by placing eight cell phones on the table and claiming it wasn’t him who called me. How did he know I was talking about a phone call just from hearing, "That's the guy"? As proof, this dimwit asked me to call the number from which I received the phone call, as if that would prove he was not the person who called. This makes no logical sense and suggests this guy could actually be dangerously stupid—wouldn't anyone think so? Maybe he is stupid, or maybe he is very sloppy or careless due to an expectation of impunity or protection from a corrupt justice system. I can't think of any other way to interpret this information, but at this point, both seem very likely, and I mean this with all due respect.