User:Hanzmacomber/sandbox

Zain Dean
Zain Taj Dean (Chinese: 林克穎) born November 16, 1971. is Scottish citizen, businessman and international fugitive. While living as an expat in Taiwan, Zain was found guilty for the 2010 DUI hit and run manslaughter of Taiwanese motor scooter delivery driver Huang Chun-teh (黃俊德 ). In August 2012, to avoid serving his prison sentence, Zain triggered an international incident by secretly fleeingTaiwan back to his home nation of Scotland. In 2013, authorities in the Republic of China (Taiwan) unsuccessfully attempted to extradite Mr. Dean back to Taiwan. As of 2019, Zain Dean remains a free citizen in the UK.

Businessman
Zain Dean lived as an expat in Taiwan starting in 1993. He was the CEO of NCL Media Ltd.. Zain speaks both English and Mandarin Chinese.

DUI Hit and Run Manslaughter
Just past midnight, in the early morning of Thursday, March 25th 2010, Zain Dean met up with a business client at the Mingheng Business Club (名亨酒店) on Songjiang Road in Taipei City. Zain had driven his Black 1994 Mercedes E320 sedan to the club. After hours of heavy drinking, one of the club's valets was hired to chauffeur a heavily intoxicated Zain Dean (and  his car) home.

A security camera at the Mingheng Club (名亨酒店) later showed that sometime after 4am on March 25th, a visibly intoxicated Zain was helped into the passenger seat of his Mercedes and a Taiwanese male drove the car in the direction of Zain's apartment, about 6 km away. Soon after, between the KTV bar and Zain's home, the black Mercedes struck a motor scooter. The scooter driver, Huang Chun-teh (黃俊德), died from head injuries soon after. The Mercedes did not stop. Within 48 hours, Zain Dean was arrested and charged with DUI hit and run manslaughter.

First 48 hours
The police were able to identify the hit and run car as a 1990s black Mercedes sedan. The story was covered by multiple Taiwan media outlets.

The following day,  Friday, March 26th, a retired police officer, Yang Sheng-hung (楊盛), reported that he had seen a car matching the description of a black Mercedes with front end damage outside of a Taipei auto body shop. This tip led police to Zain Dean. Zain, by his own story, awoke on Thursday, March 25th, unaware of the accident, but discovered his car had significant front end damage. He promptly brought it to a local auto shop for repairs. The following day, Friday, March 26th, Zain chose to sell the wrecked car to a second hand shop. By this time, Zain was made aware of the news coverage. He was convinced that his car was likely the hit and run Mercedes. Since Zain knew he was not the driver, he thought it best to voluntarily go to the local police precinct to make a statement.

However, due to the tip by Yang Sheng-hung (楊盛) earlier in the day, the police were already waiting at Zain's residence and met him as he exited his elevator.This encounter led numerous Chinese and English language news agencies to report that Zain had tried to 'destroy the car' and 'flee the country'.

After a very brief period of questioning and investigation, Zain Dean was arrested and charged with hit and run manslaughter in the early morning hours of Saturday, March 27th. He was transfered to the courthouse where an angry mob, consisting of media, stringers, friends and family members of Huang Chun-teh (黃俊德 ) had formed outside. After his booking, he was released on US$5,000 bail and forfeited his passport. As Zain exited the courthouse, he was attacked verbally and physically by the angry mob. This incident resulted in no major injuries nor arrests, but it was used later on in the extradition defense by Zain's lawyers to show the physical danger he faces in Taiwan.

The Driver
The case against Zain Dean by the Taipei City prosecutor was centered on who was driving the car that hit and killed Huang Chun-teh (黃俊德). The only undisputed evidence was that the Mingheng Club's valet drove Zain's Mercedes away from the bar. At trial, the prosecution submitted no video evidence of the car's route nor the accident. The Mingheng Club (名亨酒店) claimed that, although their valet did drive Zain Dean away from the bar, that the driver soon pulled over and let Mr. Dean drive the rest of the way home himself. The prosecutor submitted evidence in court, supplied by the Mingheng Club, showing a man they claimed was the valet returning on foot just six minutes after the black Mercedes departed. The clarity of this evidence was challenged by the defense, and it was never clarified at trial, nor in appeal, why the hired valet driver chose not to drive the intoxicated Mr. Dean the full distance to his home. By this account, the prosecution argued Mr. Dean drove his own car home and could only have been the driver who struck and killed Huang Chun-teh (黃俊德).

Zain Dean told a story quite different from the prosecution. He remembers going to the Mingheng Club (名亨酒店)  to meet a business associate. Because he had consumed so much liquor, he did not remember much about leaving the club nor any car accident. His official story is that he awakened as the valet was parking his car on the street very close to his residence. At this point, he entered the drivers seat and drove the short distance to his underground garage. It wasn't until the next morning that he discovered the damage to his car's front end.

Media Response
The case received extensive media coverage in Taiwan. As is common for Taiwan's media industry, criminal cases involving foreigners are very newsworthy. Disposal of the damaged car at the auto body shop and the police account that Zain was attempting to flee the country when he was arrested made for outlandish headlines in the papers, online and on TV. In addition, a local politician publicly villianized Zain for being unwilling to accept responsibility for the accident and for showing no remorse.

First Public Statement
In May 2010, in an effort to tell his side of the story, Zain Dean publicly released a lengthy statement giving his full account and timeline of events from the evening of March 24th through him being charged with hit and run manslaughter a few days later on March 27th. The statement accuses the Taipei Police of willfully and openly  colluding with KTV bar staff and ownership to concoct an alibi for the valet whom originally drove Zain's Mercedes away from the KTV. Zain adamantly claimed his innocence and that the police, through corruption or incompetent policeman-ship, essentially framed him as the driver by allowing the valet and his employer to gather false witnesses to corroborate an alibi.

However damning, his statement stressed confidence in the courts and judiciary of Taiwan. He was preparing for his day in court.

Cameras
Taipei city in 2010 was heavily monitored by a vast government owned street level CCTV surveillance network. However, at trial, the police claimed that no camera footage was available. Zain and his lawyers requested, but were never shown any footage from either government CCTV traffic cameras, private dashboard cameras nor any other street level private security camera. Later, Zain and his lawyers cast great doubt on this. Photographic evidence suggested no less than 40 Taipei City CCTV cameras were installed along the suspected route Zain's Mercedes drove the morning of March 25th, yet no footage existed for use at trial.

Trial and Conviction
Zain was found guilty of manslaughter, DUI, and hit and run. He was given a 30 month prison sentence. He appealed his conviction but ultimately lost in July 2012. His sentence was increased by the Taipei High Court to 48 months. His prison term was to begin in September 2012.

Fugitive
One month following his sentencing, in August of 2012, Zain, with the help of his Taiwanese girlfriend Tung Yu-Chi, donned heavy makeup and a disguise, borrowed a UK passport from his friend Christopher David Churcher, and slipped through  immigration at Taoyuan International Airport and out of Taiwan.

When Zain failed to report to prison on September 21st, Taiwan authorities soon discovered Mr. Dean's flight. It was not long before Zain's residence back in his home country of Scotland was discovered.

In August 2013, the Taipei High Court sentenced both Tung Yu-Chi and Christopher David Churcher to 5 and 7 months, respectively, for their assistance in Zain Dean's escape.

Manhunt
It wasn't until January of 2013 that Taiwanese authorities first made public that Zain had absconded and had been found living back in Scotland. Days later, on February 1st, 2013 Zain, with support from human rights activist Linda Gail Arrigo, released his second public statement, strongly denouncing the fairness of his first trial and volunteering his return to Taiwan if a new trial would be granted. In his retrial, he insisted various international observers and human rights watchdogs to be present. Within hours, the Taipei prosecutors office dismissed all of Zain's demands for a new trial.

Extradition

 * In October 2013, because of the absence of an extradition treaty, a memorandum of understanding was instead signed between the UK and Taiwan to allow for extradition proceedings to begin in the Scottish courts. Because Zain was deemed a flight risk, he was immediately incarcerated and held without bail by Scottish authorities.
 * In May 2014 the High Court of Justice in London ruled in support of Taiwan, recognizing the validity of the prosecution and conviction  of Zain Dean.
 * In June 2014, the Edinburgh Sheriff Court ruled that Zain Dean should be extradited back to Taiwan to serve his sentence.
 * In August 2014, Zain appealed the decision to the Scottish High Court of Justiciary.
 * In September 2016, the High Court of Justiciary in Scotland, after a long and lengthy review of Taiwan's prison conditions, Mr. Dean's safety, and Article 3 of the European Convention on Human Rights, overruled the Sherif's Court decision. In a 2 to 1 decision, Dean would not be extradited back to Taiwan.
 * In October 2016, Taiwan appealed the ruling by the Scottish High Court of Justiciary to the High Court of Justice in London. Also in October 2016, Zain was paroled and set free.  He had been imprisoned without bail for 3 years. In addition, it was revealed that Zain Taj Dean had legally changed his name to Callum Rafael Scott.
 * In June 2017,  the High Court in London denied Zain Dean's appeal of Taiwan's appeal of the High Court of Justiciary in Scotland decision to deny the extradition of Zain Dean back to Taiwan. A win for Taiwan. The London court sent the case back to the Scottish courts. This decision received an in-depth analysis by Marcus Cleaver on his UK Law Weekly podcast.
 * In October 2017, the appeals court in Edinburgh sided with Zain Dean, denying Taiwan's bid for extradition on grounds that his safety and human rights would be jeopardized if subjected to the subpar Republic of China (Taiwan) prison conditions in accordance with the European Convention on Human Rights.

Civil Case Judgement
In addition to the criminal conviction, the Taiwan Courts also awarded a civil settlement of US$300,000 to be paid by Zain Dean to the family of Huang Chun-teh (黃俊德 ). Zain Dean had no assets in Taiwan and at the time of his departure in August 2012, he had made no payments to the family.

During extradition proceedings in Scotland, Taiwan was granted an inquiry into Zain Dean's personal finances in the UK. However, it was determined that Mr. Dean had no assets or cash of significance. As of 2019, no payments have been made by Zain Dean regarding this civil judgement.

Police Corruption
Zain Dean put the entire Republic of China (Taiwan) justice system on notice through his actions. He publicly called the Taipei police 'corrupt' and the judiciary 'a fraud'. Unlike the UK, criminal trials in Taiwan are resided over by judges, not juries. This tribunal approach to criminal justice gives public outcry, media influence and political climate a compromising thumb on the scales of justice. Zain Dean, through his public statements, blasted what he saw as a failure. He had initially believed in the system, only to see it for the public spectacle it became.

In 2010, just 2 months following his arrest, the Daan District police precinct, the same precinct where Zain was ultimately booked, arrested 6 of its own officers for taking bribes and payments from neighborhood bars, clubs and restaurants.

In June 2018, the same Daan police precinct arrested another 12 officers for taking money from nightlife and other questionable businesses.

International incident
As far as politics is concerned, the Zain Dean extradition case was bitter sweet for Taiwan. The UK has dealt with thousands of extradition cases between dozens of countries on the world stage. In contrast, the Republic of China (Taiwan), since its emergence from totalitarian martial law in 1988 and its first democratic elections in 1996, has seen its judiciary in a constant state of reform. On a whole, Taiwan has experienced almost no success outside of regional anti-crime agreements.

Taiwan was pleased that the UK recognized the legitimacy of their criminal prosecution of Zain Dean. This was the first time any western country had recognized a criminal conviction from Taiwan. Taiwan was also pleased that the UK courts recognized the Republic of China's legal sovereignty by entering into the memorandum of understanding for extradition.Zain's lawyers angered Taiwanese authorities early on when, in the UK courts, they called into question the legitimacy of the Republic of China's authority on Taiwan. A clear reference to the ambiguous Two Chinas policy.

Aftermath
In the shadow of a tumultuous 2017 Trump administration trade war with China and Brexit in the UK, little media attention has been paid to the Zain Dean extradition case. The Scottish appeals court decision in 2017, combined with the 36 months Zain Dean served while denied bail may have satisfied the Taiwan authorities enough to allow the entire saga to sunset. However, the precedent is of a Taiwanese jurisprudence that may, in the future, allow for more civil and criminal international cooperation with the UK and other strong legal bodied western nations.