270 Monday's Court Hearing - Part 7

Monday, continued …

Alister continued "I have been instructed that despite these concerns, both CEO and Madam Hou have indicated they will be guided by the court's view on the matter.They simply wanted their concerns noted on the court record.Further, they have indicated if the decision is to sentence both to Home detention to have a term indicating the term of imprisonment that both would immediately be sentenced to should the breach the terms of their home detention."

Finally, the Lu's lawyer stood up "Sir, you have a specialist report, and the opinion is valid.Both Madam Lu and Mr Lu's sentences should be via home detention.Sixteen weeks for Mr Lu is highly excessive.However, we would suggest that 10 weeks should be the longest period of home detention for Mr Lu."

"I have heard what each of you have said.It appears that you all have different views as to whether Mr Lu should serve a term of imprisonment or a period of home detention.What I am going to suggest that the agreement needs to be further amended to indicate that both Mr Lu and Madam Lu will serve their term of imprisonment by home detention.It is not a perfect position, but I must be guided by the limited medical evidence that we have."

"The public, given the medical evidence will not be released, will question if justice has been served in this matter.It will be, because Mr Nang's suggestion about there being a provision in the agreement that if there is a breach of the home detention terms, there will be immediate imprisonment for the remaining length of the period of home detention is reasonable.However, before I finalise the sentence, I do need to hear from the National Prosecutor's office, and then each parties representatives."

The national prosecutor immediately stood up "Sir that seems reasonable.We would suggest 8 weeks home detention for Madam Lu and sixteen weeks for Mr Lu as the minimum sentences to be imposed."

The Lu's lawyer said "Yes, subject to there being no default term of imprisonment for a breach.Any breach should come back to you sir, you hear the circumstances and then decide the circumstances."

Alister looked to Hou Yi and Anna, and both leaned in and quietly spoke to each other then turned and said quietly to Alister "Yes"

Alister then turned back and said "Sir, it would be acceptable to my clients, however the consequences need to involve imprisonment for a breach of the terms of home detention.Simply coming back to the court, and discussing the matter further is not appropriate as there will be a delay between the action and coming back to court.My clients do not want to have to return to court to deal with ongoing breaches, as they suspect that it will be used to harass Madam Lu in breach of the order of protection."

"Gentleman, please make that change to the agreement, and I require it signed by all parties, and that will provide me with sufficient time to prepare the conditions for home detention."

With that the judge went quiet and started typing on his computer.While this was happening, the national prosecutor made the changes as required by the judge, and he signed.The agreement was handed to Alister, and he, Hou Yi and Anna confirmed the changes, and then signed.

Alister walked over and handed it to the lawyer for Lu Jihnu and Yang Lin, who seemed to do the same.As it was handed back to the national prosecutor who double checked everything was correct and signed, it was clear that the judge was ready to proceed.

The National Prosecutor's lawyer indicated "Sir the agreement has been signed," and handed it up.

The judge took a couple of minutes and double checked the agreement was as he required.It was."Gentleman, I am happy the agreement is as I required.What I am about to indicate as the sentence, which will come after my comments, my assistant about to make copies of my signed version and the agreement signed by everyone, so you will have copies."

"There will be parts of the agreement that I will be releasing as it will be required by monitoring authorities and the press.Saying that, I have heard everything that has been said in relation to the medical report.I have some concerns, as Ms Jones expressed that there is no psychological or psychiatric evidence to back up the concerns about increasing stress to Madam Lu should Mr Lu be sentenced to a term of imprisonment."