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Justice has been upheld after more than a year’s transnational proceedings
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In deciding cases of our country first instance civil litigation to Zain Taj Dean, the British Royal Court this afternoon (05/23) admitted our court’s fixed civil judgment and made it effective immediately. Mr. Huang Guo-an, a family member of the victim, is gratified with the verdict.
The flight abroad after being sentenced for a drunken driving accident has caused an uproar in the victims' families and among our citizens. Since March, 2013, The Ministry of Foreign Affairs, Ministry of Justice, Association for Victims Support and the lawyer appointed by the family members of the victim have conducted several deliberations on the possibility of UK implementation of the civil judgment on this case. After being authorized by Huang’s family, the above-mentioned authorities have actively appealed for overseas recourse to Zain Taj Dean, with the expectation that U.K. will recognize our judicial sentence and advocate the interests upheld.
The Ministry of Justice stressed that, since the British Court has recognized our fixed civil sentence, the families of the victim shall be able to claim compensation of NTD9.08 million from Zain Taj Dean in the UK. As Britain is a member of EU and has signed the Lugano Convention, such judgment will be automatically applied to the EU and a number of other European countries. Therefore, even after Zain Taj Dean has completed the sentence, he still needs to accept the civil judgment to pay the said compensation payments.
The Ministry of Justice said that, there was a debt inheriting issue during the handling of the recovery due to the death of Ms. Huang Ho-cai (victim's mother), to which the Ministry of Justice had sent personnel to go to south to obtain a document signed by the heir. Meanwhile, the British Court of Justice sent a letter to request the Ministry of Justice to explain the relevant inheritance provisions of our Civil Code. Mr. Zhuang Qian-cheng, the attorney appointed by the victim’s family members, voluntarily replied to the questions put by the lawyer representing the Huang’ family in UK and continued to process the English translation for documents related to derivative obligatory rights.
The Ministry of Justice is pleased and points out that the English court’s recognition of our civil judgments and has established a good example for Taiwan and Britain on mutual legal assistance. Although the follow-up claims process of this case still needs to be studied with the Ministry of Foreign Affairs, this judgment has not only achieved justice, but also show the Government's attention to the protection of victims.