Xinhua Details Bogu Kailai Murder Case
Xinhua released a statement in Chinese on Friday (English version on Saturday) detailing the murder trial of Bogu Kailai, wife of former Chongqing Party Chief Bo Xilai. Here are the most relevant parts:
KEY POINTS OF THE CASE
As the court investigation proceeded and the debate thoroughly unfolded, key details of the murder allegedly committed by the two defendants began to surface, based on the testimonies of Bogu Kailai and Zhang Xiaojun during the investigation and throughout the trial as well as evidence presented in court.
— MURDER MOTIVE
Bogu Kailai said in her testimony that “it was in about 2005 when my son was studying in Britain that Neil Heywood wrote us a letter of self-introduction, showing his intent to get to know us.”
Bogu Kailai testified that after she and her son, surnamed Bo, became acquainted with Heywood, she introduced him to serve as a proxy to a company and participate in the planning of a land project, which never got started. Heywood later got into a dispute with Bogu Kailai and her son over payment and other issues, and he threatened her son’s personal safety.
In court, prosecutors presented emails exchanged between Heywood and Bo, showing how the dispute between the two had escalated.
According to the evidence prosecutors brought to court, after Bogu Kailai learned of the escalation of their dispute, she believed Heywood had threatened the personal safety of her son and decided to kill Heywood.
“To me, that was more than a threat. It was real action that was taking place. I must fight to my death to stop the craziness of Neil Heywood,” according to Bogu Kailai’s testimony that prosecutors presented in court.
The defense counsels for Bogu Kailai presented their opinions on the criminal motive, while prosecutors presented a series of evidence to prove Bogu Kailai’s criminal motive.
— CRIMINAL PROCESS
Prosecutors presented Zhang Xiaojun’s testimony as follows: On Nov. 12, 2011, Bogu Kailai asked me to contact Neil Heywood, saying that she wants to meet him and I shall pick him up and bring him to Chongqing. She instructed me repeatedly that I should accompany Heywood to Chongqing. I called Heywood and told him that Bogu Kailai wanted to meet him in Chongqing. Heywood replied that he also wished to see her, but had to check his schedule. Within half an hour, Heywood called me back, telling me he would be available the next day and asking me to book a flight for him.
As shown by documentary evidence that includes the flight tickets and hotel registration form, on Nov. 13, 2011, Zhang escorted Neil Heywood from Beijing to Chongqing. Heywood checked in to Room No. 1605 of the 16th building of the Lucky Holiday Hotel in Nan’an District of Chongqing Municipality, as arranged by Zhang.
According to the testimonies of Bogu Kailai and Zhang, which were presented to the court by prosecutors, that evening, Bogu Kailai had prepared two bottles — a glass bottle of poison that contained cyanide compound and another medicine bottle of capsulated drugs. Bogu Kailai gave the glass bottle to Zhang.
At around 9 p.m. on Nov. 13, 2011, Bogu Kailai and Zhang visited Heywood’s hotel, bringing along the two bottles, as well as wine and tea. After entering Heywood’s hotel room, Bogu Kailai drank wine and tea with him while Zhang waited outside. Later, Heywood became drunk and fell in the hotel bathroom, and then Bogu Kailai called Zhang into the hotel room and took the glass bottle of cyanide compound that Zhang was carrying.
Zhang said in his testimony that he put Heywood on the hotel bed. After Heywood vomited and asked for water, Bogu Kailai put the bottle of cyanide compound she had prepared into Heywood’s mouth. Then she scattered the capsulated drugs on the hotel floor, making it seem as though Heywood had taken the drugs.
According to what Zhang recalled in his testimony, Bogu Kailai poured cyanide compound into a small soy sauce container that she had prepared beforehand, mixed it with water and walked to the left side of the bed. She dripped the toxic mixture into Heywood’s mouth as she was talking to him.
Bogu Kailai and Zhang visited Heywood’s room on the night of the crime, as video footage presented to the court by the prosecutors showed. According to the physical evidence inspection report submitted by China’s Ministry of Public Security, DNA samples from Bogu Kailai and Zhang were found on bottle caps and cup lids at the crime scene.
Bogu Kailai told hotel waiters to leave the guest alone in Room No. 1605, after hanging the “Do Not Disturb” sign on the door when she left, according to the testimony of a hotel waiter.
— CAUSE OF DEATH
Witness testimony provided by prosecutors showed that Bogu Kailai illegally obtained the poison that contained cyanide compound through other people.
During the trial, the Ministry of Public Security’s reports and position papers on the examination of material evidence, as offered by prosecutors, showed that blood extracted from Heywood’s heart and samples of his vomit collected at the crime scene contained cyanide ions, and Heywood’s death was caused by cyanide poisoning. The conclusion was based on renewed examination and identification of trace evidence taken at the crime scene as well as the blood from Heywood’s heart, which was collected and preserved by the Public Security Bureau of Chongqing after his death.
During the trial, defense counsels of Bogu Kailai and Zhang Xiaojun raised questions concerning the transfer and preservation of the blood from Heywood’s heart and other material evidence. Prosecutors pointed out that the blood and other key pieces of evidence were preserved in normal conditions, proving the validity of the material evidence.
Experts with the material evidence identification center under the Ministry of Public Security appeared in court to testify and answered questions raised by the prosecutors and defense counsels.
— EXPERT TESTIMONY
During the examination and prosecution phases of the case, defense counsels entrusted by Bogu Kailai filed an application to the prosecuting body to evaluate Bogu Kailai’s mental state at the time of Heywood’s death through forensic psychiatric expertise.
After examination, the prosecuting body entrusted the forensic examination institute under the Shanghai Mental Health Center to conduct an evaluation of Bogu Kailai’s mental state in accordance with the law.
After studying her medical records and interrogation transcripts, hearing the testimony of witnesses, talking with Bogu Kailai alone and conducting discussion and analysis, the expert group concluded that Bogu Kailai had been treated for chronic insomnia, anxiety and depression, and paranoia in the past.
She used to take anxiolytics, antidepressants and sedative hypnotic drugs, and she also received combined treatment by taking antipsychotic drugs, but the curative effect was not enduring. She developed a certain degree of physical and psychological dependence on sedative hypnotic drugs, which resulted in mental disorders.
However, Bogu Kailai had a clear goal and a practical motive in committing the alleged crime. Preparations were made prior to the alleged criminal act, including, for example, asking for poison from others and storing the poison, planning to take the victim to Chongqing and arranging the location for committing the alleged crime, among others.
She was also able to determine the environment for committing the alleged crime, and she had a relatively strong awareness of protecting herself.
Taking all of the above factors into consideration, Bogu Kailai has an intact ability to identify the nature and consequences of this alleged criminal behavior and a weakened ability to control herself. Therefore, she should be identified as having the capacity to accept full criminal responsibility.
BEFORE AND AFTER TRIAL
Investigatory, procuratorial and judicial authorities have taken the facts as the basis and the law as the criterion, and handled the case strictly in accordance with the law in the process of the investigation, approval of the arrest, prosecution and the court hearing.
During the investigation, the public security department formulated a meticulous investigation plan, conducted 394 interrogations of the witnesses and people involved in the case and put together 212 evidence documents totaling 1,468 pages in 16 volumes. Investigators visited Chongqing, Beijing and other places many times in the course of the investigation, questioning people involved in the case and people who know about the case.
Investigators studied the full process of collecting, examining, storing and transferring important material evidence such as the blood extracted from Neil Heywood’s heart, the poison and the vomit samples. A substantial amount of evidence had been further obtained and confirmed after three months’ of scrupulous investigation efforts.
During the procuratorial process, to ensure the facts of the case are clear, the evidence sufficient and the procedure lawful, judicial staff thoroughly and meticulously examined the evidence collected and put together by investigators. They also provided more than 200 items of suggestion for further investigation.
Judicial staff sent the defendants a letter to inform them of their rights and responsibilities. The defendants were informed that they were entitled to entrust defense counsels to represent them. The victim’s close relatives were informed that they were entitled to obtain legal representatives. The defendants were legally interrogated, and the opinions of the defense counsels were heard.
After the defendants were indicted, the Hefei City Intermediate People’s Court formed a collegial panel, sent duplicates of the indictment to the defendants, informed the defendants and the victim’s family of their litigation rights and gave lawyers access to the case file.
After Bogu Kailai was held by investigators, she once refused to engage a lawyer. In a bid to protect the legitimate rights of a criminal suspect, judicial staff informed her of her right to a lawyer several times.
Bogu Kailai eventually decided on her own to entrust two lawyers to represent her, and Zhang Xiaojun decided to entrust one lawyer to represent him.
After the trial, Jiang Min, a lawyer with Anhui Tianhe Law Firm who serves as one of Bogu Kailai’s defense counsels, said that since he got involved in the case, judicial authorities have protected the lawyer’s rights to meet with the defendant and to have access to the case file. Jiang said more than 10 meetings with the defendant had been arranged, and he fully expressed the opinions of the defense in court as he had planned to do beforehand.