Following the arrest of executives from the Hebei Dawu Group, news recently broke that Zhang Dewu, chairman of the Hubei Xiangda Agricultural and Animal Husbandry Group, was again jailed and his daughter was forced to surrender her business. However, the case is full of doubts, as Zhang Dewu’s 17-year old case was reopened and retried, and Xiangda Group also accused the local government of colluding with each other on the 7th, which was decided before the trial.
On June 1, Xiangda Group issued a microblog to protest the illegal freezing of 154 million production and operation funds by the Public Security Bureau of Zhuxi County, which had made the company unable to turn around, and Zhang Guoxiang, the general manager of the company, was detained on the same day.
On June 2, Zhang Jianhang, Zhang Dewu’s daughter, wrote to Secretary Ying Yong and Governor Wang Zhonglin of Hubei Province that his father, Zhang Dewu, had been under criminal investigation for 19 months, and that the case officers had violated the law by forcing evidence, threatening employees, illegally seizing 154 million production self-help funds and falsifying evidence transcripts.
“But China’s private entrepreneurs are just too bitter and too difficult to persist. Request to donate all assets of Xiangda (Group) to the government for free, and implore our government to immediately send a working group to take over Xiangda Group in full ……”
Zhang Jianhang wrote that now everyone in the company is at risk and afraid to do anything, and she herself has been branded as a misappropriator of funds by Zhuxi County Public Security and warned that she will be arrested on charges as soon as she meddles with the business.
Mr. Xiao, a Hubei entrepreneur who wishes to remain anonymous for security reasons, told the station, “If she doesn’t donate, she may be arrested (as a member of the triad) and her property confiscated as usual. First, the black sweep is for (Xi Jinping’s) re-election, causing terror. Second, the looting of private assets is used to maintain stability. Third, the political campaign to remove the antagonists by sweeping the black. Just like the land reform and landlord fighting first made up stories, Huang Shiren ah, Zhou Pai Pi ah, catering to the poor people’s hatred of the rich and robbing blatantly.”
Old case resurfaced 17 years ago
It is reported that the Xiangda Group, mobilized by the local government, spent 700 million to acquire a state-owned enterprise on the verge of bankruptcy to restructure the former chemical plant. In order to resolve the debt, the company’s basic account was frozen by the court in 2016, unable to pay pensions and other employee benefits on time, some employees petitioned for this, suspected of “gathering the crowd to storm state organs”, which became the trigger for Zhang Dewu’s gang-related case in 2019.
The 14 defendants, in addition to Zhang Dewu, were charged last December with organizing, leading and participating in a triad organization, as well as forcing trade, mobbing state organs and picking quarrels and provoking trouble. What is particularly controversial is that the Xiangyang City Procuratorate filed an indictment against him for the crimes of obstruction of public office and illegal detention that he was charged with 17 years ago, a case in which he was already acquitted in 2003. The case was heard in the Zhangwan District Court in Shiyan City on March 30 this year, and no verdict was pronounced in court.
Zhang Jianhang specifically accused the Zhuxi County Task Force of deceiving the top and concealing the bottom, bringing up a retrial of an incident that was concluded years ago in order to package the case.
According to the mainland media China News Weekly, it is very rare in the judicial field to file a protest against an old case that was corrected 17 years ago. Yi Yanyou, director of the Evidence Law Research Center at Tsinghua University School of Law, said, “Academically speaking, it is not in favor of filing a retrial in order to convict the defendant, especially if it has already been retried once. If the person is guilty of a great crime, such as murder, it is only good to understand if a retrial is brought up after so long.”
“The current charges are not valid: the 17-year-old case is past the period of recourse; the 2016 petition is not a big deal. He is very much like Sun Dawu, who does not buy officials, deals with farmers, and is a real person who does things.” Traveling U.S. political and economic analyst Qin Peng said Zhang Dewu is a straightforward person, and Legal & Social reported that he once accused a leader to his face that he would become a sinner of the people of Yicheng, and that he fell from the Standing Committee of the Chinese People’s Political Consultative Conference to a black villain in 2001.
“Who exactly has he offended this time? To run him in the name of the triad. The national agricultural top 100 that level, in the political and business community has a lot of resources, will not be the local county to run his case. And this is a case of off-site detention and trial, in fact, from top to bottom down.”
Xiangda Group was founded in 2001, with assets of 7.6 billion, more than 6,000 employees and more than 10,000 associated farming families. Before the case, the company ranked first in Hubei and eighth in the country in pig farming, and was selected as one of the top 500 private enterprises in the country for many years, and recorded in the Yicheng City government work report.
The three chiefs signed off on the case before the trial?
On June 7, the “Xiangda Group case” tweeted, “[Three chiefs will sign, before trial] Shiyan Zhuxi County task force in three steps: 1. pre-determined charges; 2. the whole community to collect clues; 3. use all means to convict.”
The public number “Criminal Defense Society”, which focuses on Chinese criminal cases, explained in an article that as early as October 24, 2018, the Hubei Provincial Public Security Department’s Office of Anti-Triad issued a notice to the Shiyan City Public Security Bureau’s Anti-Triad Office “regarding the referral of suspected criminal clues of Zhang Dewu and others in Xiangyang City “The Office of the Public Security Bureau of Hubei Province issued a notice to the Shiyan City Public Security Bureau on October 24, requesting “immediate reporting to the main leaders of the Municipal Bureau, quickly set up a special team to carry out verification work, form a written report on the work situation in accordance with the provisions of the implementation of the ‘three long countersignature’ requirements, and reported to the Provincial Office before a certain date in a certain month.”
The article pointed out that the “three long countersignature” generally refers to the Secretary of Public Security, the Procurator General, the President of the Court in a document signed together to form a common will. Shiyan City’s “three chiefs” signed a “construction drawing” for the Xiangda Group case – a triad, the next is to follow the map “Construction”, investigation, review and prosecution, trial (including the second trial):
“I also noticed the notice inside the ‘in accordance with the provisions …… implementation of the three long countersignature requirements’, it turns out that there are provisions it, what provisions? This probably belongs to the state secrets. Just do not know this provision, and the Criminal Procedure Law is a relationship?”
Qin Peng: “The black hand behind the three long countersignatures, theoretically the secretary of the (Hubei) Political and Legal Committee, either directly offended, or the leaders above put the word out that the following to get this person.”
The station called the Zhuxi Public Security Bureau to combat the black and evil task force case officer to inquire about the situation, the other side said “no comment”.
Mr. Xiao, a Hubei entrepreneur, said that it is not uncommon for the Chinese Communist Party to frame private entrepreneurs in the form of three long countersignatures, especially those with historical legacy problems, and the case officer even “investigates” and “scrapes” black-related evidence under the professional guidance of the court.
“The prosecutor’s office and the court intervene in advance, is one of the characteristics of this fight against the black. The first conviction, hat, and then the evidence, make up the crime. I can say with certainty that from 18 years of fighting crime to now, none of the triads (accusations) are true, they are all unfounded. No lawyer can participate in the defense. The biggest triad in China is the Communist Party.”
At the end of May, the General Office of the Central Committee of the Communist Party of China made arrangements and arrangements for the normalization of the fight against black and evil, and Hubei Province said it would punish black and evil forces with a heavy hand and crack down on provocation, extortion and other illegal and criminal acts committed against enterprises and entrepreneurs.
In the face of the flood of the fight against black and evil, too many business owners have broken their homes and are unable to protect themselves with the law. In addition to the Xianda Group case, recently, Chen Jianlin from Guiyang, Zhang Wei from Shenzhen, and Huang Hongfa from Hainan have fallen victim. The former mainland media, criminal lawyer Shi Caique issued an article for them to appeal not to engage in strains, not to expand, not to engage in exaltation, wrongly put on the “black and evil hat” than the year the rightist hat is more terrible.