Fri, Apr 06, 2012 - Page 2 News List

Lins to appeal Makiyo case to High Court

UPPING THE ANTE:Despite accepting a NT$3 million settlement last month, the Lin family now seems determined to press for more serious charges at the High Court

By Hou Po-ching  /  Staff reporter

The wife of a taxi driver who was severely injured after a physical altercation involving pop star Makiyo and her Japanese male friend Takateru Tomoyori, said she would never forgive the two for assaulting her husband and lying in court, and plans to appeal the case to the High Court.

Makiyo and Tomoyori were caught on video assaulting Lin Yu-chun (林余駿) on Feb. 3 after Tomoyori allegedly refused to buckle his seatbelt.

The Taipei District Court yesterday reviewed all audio and video evidence of the incident prior to making a determination.

Lin Mei-chun (林美君), the taxi driver’s wife, attended the hearing in his place.

At a second hearing on March 15, prosecutors had asked for a suspended sentence of two years for Tomoyori and one year and four months for Makiyo, after the defense compared Tomoyori to the hot-tempered Ming Dynasty general Wu Sanguei (吳三桂) and said Makiyo’s family was in financial difficulties.

Tomoyori pleaded guilty yesterday and said he would leave the country after serving his sentence.

However, he also changed his testimony and said it was only after Lin Yu-chun hit Makiyo and kicked him that he fought back.

The testimony was not well--received by the prosecution and Lin Mei-chun.

After the court hearing, Lin Mei-chun said she would never forgive Makiyo and Tomoyori, adding that the two were “disrespectful” when addressing the court.

Pleading guilty is all well and good, but one must speak the truth before one can honestly plead guilty, she said, adding that she was very sorry to have forgiven the two after they had told blatant lies in court.

Lin’s lawyer, Chou Wu-jung (周武榮), said that they would see Tomoyori and Makiyo at the High Court, an indication that the Lins plan to appeal the verdict.

Although the defendants and the plaintiff settled out of court for NT$3 million (US$101,000) at the March 15 hearing, the plaintiff declined to withdraw the charges out of concern that the defendants might recant their confession.

Normal assault charges can be recanted, but the prosecution can press for the more serious charge of attempted grievous bodily harm, which is by law a criminal offense and cannot be recanted.

The determination of which charges should be brought against Tomoyori and Makiyo were scheduled to be made yesterday.

In concluding statements, the prosecution said that both Makiyo and Tomoyori should be charged with attempted grievous bodily harm, whereas one defense lawyer said that Tomoyori did not have a record of violence and, not understanding Mandarin, could have been unduly influenced by Makiyo when she kicked the door of the taxi.

Translated by Jake Chung, Staff Writer

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