265 Monday's Court Hearing - Part 2
Monday, continued …
"Thank you sir.Please be advised that I will be informing my employers of Mr Lu's recent comnts.
My employers have had suspicions that for at least 12 months he has been using my laptop to access data relating to my employers clients and using that data fraudulently for his own benefit.
While it is my laptop the disappearance of funds from their trust account coincide with periods where I have been absent from our ho resulting him in having exclusive access to it."
"Madam Hou, we do not appreciate stunts like this."
"Sir, I apologise to the court, but it was not ant as a stunt.According to my employers, there have been around $50,000 Australian that can be linked to these actions, but they stopped another five million Australian dollars attempted to be transferred in similar circumstances.These actions, are not linked to the matters before the court and are cris only able to be prosecuted in Australia."
The national prosecutor's lawyer stood up "We were made aware of the suspicions as to Mr LU's actions, and consulted with her employers and the police in Australia.His actions, appears to corroborate the suspicion of his actions, particularity given the demand for Madam Hou's new laptop, rather than the laptop he wanted on Friday.:
"We cannot prosecute this here, as the only evidence of any cris relates to actions in Australia.As determined in the capital the potential if we did nothing to prevent ongoing criminal actions in Australia, the ultimate result would be tarnishing our Legal System as we provided the ability for the actions to continue."
The Judge paused for a minute and thought about what had just been said, before responding "In those circumstance, I will forgive you."
After another pause, the judge turned to all the lawyers, asking "It is agreed, given the dical report and the limited ti to address it that it is appropriate for Mr Lu to serve his sentence by way of ho detention?"
Imdiately all three lawyers said "Yes."
The lawyer from the national prosecutors office then continued "Sir and our proposal is that Mr Lu would serve 18 weeks by way of ho detention, and in addition to the sa restrictions on Madam Lu which would also apply to him, the only other ti that he would be able to leave the premises would be to accompany Madam Lu to dical appointnts."
"OK gentleman, I need to read the report and the agreent again to confirm that I am happy with it for everyone to sign.I will start here on the bench until we have the hearing established with Australia, and then recomnce after that."
With that the technicians ca in and established the video link, and while this was happening, Anna, with Alister's help set herself up on a lawyers table, while Lu Jinhu moved to the table his lawyer was sitting on.
Within five minutes, the video link was established with the court in lbourne, and the matter was called [all proceedings conducted in English]
"I see the respondent's representatives here in court, who is appearing for the Appellant in this matter today."
Anna maneuvered herself to her foot wedging the crutches under her arm."Your Honour I am.As you can see I am on crutches and if it pleases the court, rather than remaining on my feet, can I address you sitting down?"
"Ms Jones, a pleasure to see you.I did not realise you were in Country X?And Yes, I have no issue with you sitting down."
"Actually, your honour, while my firm is the firm on record, due to the inability of any lawyer to present in court there today with this hastily arranged video link, I technically am self-representing in these proceedings."
"Apologies, I did not realise the change in na."
"Not an issue your honour, I can see in the rush you did not make the connection.However for work related purposes I am still, at present using my maiden na."
"Ms Jones, can you confirm who is present in the court with you there in City T?"
"Mr Lu along with his wife, and their lawyer representing them in Criminal matters here in Country X, My husband and sister-in-law Rosemary Jones, the lawyer representing out interests in the criminal proceedings, a lawyer from the national prosecuting office in Country X, the presiding Judge, and court staff."
"Ms Jones, why are we video linking into a criminal court?"
"Your Honour the criminal justice system here is different to that in Australia.Effectively the system allows for the victim and the accused to agree to the facts and a proposed penalty, which has not only to be approved by the national prosecuting service and the court."
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