The Shilin District Court’s ruling in the case of Taipei resident Ho Po-han (何柏翰), who was on Tuesday found guilty of using excessive force in an act of self-defense which resulted in the death of an alleged burglar, has prompted heated debate and discussion among legal professionals.
Some lawyers yesterday said that they have contacted Ho to offer pro bono services in appealing the case, while others deliberated what constitutes excessive use of force and proper self-defense.
Ho was found guilty of using excessive force in self-defense on charges of negligence resulting in death after he put a choke hold on an alleged burglar, surnamed Chang (張). The court handed Chang a suspended three-month prison sentence which can be commuted to a fine of NT$90,000 (US$2,763).
The incident occurred at Ho’s home in October last year, after Ho and his pregnant wife returned at night to find Chang hiding in their bathroom.
Chang allegedly told the couple, “I will not hurt you, I am just here to steal things,” but in the ensuing fight, Ho managed to put a choke hold on Chang.
Throughout the trial hearing, Ho maintained he was acting in self-defense to protect his pregnant wife from harm.
It was the first ruling on the case, and Ho decried the court’s decision as “unjustified and unreasonable,” and vowed to appeal.
“It was an urgent situation at the time. I had to protect the lives of my wife and my baby,” Ho said yesterday after learning of the ruling.
“If the same thing happened again, I would do the same, in order to protect my family,” he added.
Ho put the burglar in a choke hold and held him down firmly until police arrived.
At the time, Chang had lost consciousness, but was still alive. However, he died the next day in hospital.
According to the medical report, Chang died from brain trauma and multiple organ failure due to a lack of oxygen, and he had struggled while under the choke hold, which could be seen from signs of internal bleeding in his trachea and neck region.
In the court’s statement, the judges wrote that although Ho had reasons to act in self-defense, he should have known that the choke hold could result in asphyxia, and as it led to the victim’s death, he was deemed guilty of using excessive force in self-defense.
Chang had previous criminal records, including possession of narcotic drugs, robbery and burglary associated.
In addition to the public prosecution proceeding, Ho is also facing a civil lawsuit for NT$3 million in compensation filed by Chang’s father, who was quoted as saying: “We know he was a burglar, but why was it necessary to kill him?”
When speaking to reporters yesterday, Ho said: “This man broke into my house, and I had to protect my family.”
“He died later on, but he was a burglar and he was there to steal,” he said. “I accidentally killed him in self-defense, now I am being sued to pay for compensation. To me, this is a very strange kind of justice system.”
Some people expressed support and asked the judiciary not to prosecute Ho, saying that what he did was an act of bravery, while a number of lawyers said Ho had legitimate reasons for self-defense in the circumstance, and offered to defend him for free in the civil lawsuit and in appealing the first ruling.
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