【新唐人2014年04月08日訊】在中國,到底是權大還是法大?最近香港媒體報導說,廣東「科龍電器」原董事長顧雛軍的七年冤獄,跟原中共政治局常委周永康、和現任最高檢察院院長曹建明的黑手干預有關。顧雛軍案很可能出現戲劇性轉折。
香港《亞洲週刊》最新一期的封面專題報導,在近十多年的中國經濟改革歷程中,顧雛軍案、蘭世立案,兩大冤案都是具有標誌意義的經濟案件。炮製顧雛軍冤案的是「老虎」級貪官,就是當時擔任中央政治局委員、和中央政法委副書記、及公安部長的周永康,以及廣東省、中國證監會、和中石油監事會等高層官員。
報導說,「格林柯爾集團」創辦人、廣東「科龍電器」前董事長顧雛軍,被指控侵佔公司資產,坐牢七年出獄。顧雛軍案獲受理重審,有望平反。
顧雛軍今年1月18號在北京舉行案情通報會,他提出不服二審判決的申訴,已經被廣東省高院受理。
顧雛軍代理律師陳有西對大陸媒體透露,「有比最高法的更高的領導在關心這個案子」,他透露:「在有關領導的關心、關注和督促下,最高法對案件進行督辦。」
2009年3月,廣東省高院二審維持佛山中院一審判決,顧雛軍因虛假出資等三項罪名,被判處有期徒刑十年。2012年9月6號,顧雛軍獲得減刑後提前出獄,隨即開始喊冤並向最高法進行申訴。
陳有西認為,只要法院不受干擾真正獨立辦案,這個案子本身應該是無罪。但是他表示,無法確認廣東法院是否會受到壓力,所以結果不好說。他們也做好準備,如果維持原判,他們就把官司打到最高法。
《新唐人》致電顧雛軍,他的一位朋友接聽電話,表示他們目前不願意就案件接受採訪。
顧雛軍2012年出獄後召開新聞發佈會指控:原順德區委書記、現任廣東省副省長陳雲賢、和原廣東證監局局長劉興強等人,合夥偽造了一份「科龍」給「格林柯爾」公司擔保 2.76億美元的擔保函,並賄賂原證監會副主席、現任中石油監事會監事範福春,用這份偽造的擔保函,對「科龍」進行非法的立案調查。
範福春、陳雲賢、劉興強還用巨款,賄賂原公安部部長助理鄭少東,逮捕了顧雛軍,其後又逮捕了他的八名高管同事。從此顧雛軍在生死線上苦熬了七年多的牢獄之災。
今年1月16號,《澳洲日報》揭露,顧雛軍的冤獄不止涉及三位廣東省官員,還涉及原中共政治局常委周永康,和現任最高檢察院院長曹建明。
《澳洲日報》報導說,在2006年,顧雛軍案被移交檢察院後,由於檢察院認為本案的立案動機不純,應做不起訴處理。於是廣東公安啟動了對顧雛軍等人的取保候審程序。就在顧雛軍即將出獄前幾小時,周永康直接打電話給廣東公安,強行阻止了顧雛軍的取保候審。
文章還披露,顧雛軍庭審之後,陳雲賢對佛山法院施加巨大的壓力,佛山法院向最高法院求助,而範福春此時已賣身投靠了周永康,並一直為周永康利益集團鯨吞國企財產保駕護航,這種賣身投靠當然會得到周永康的保護,結果時任最高法院常務副院長,也是周永康的死黨曹建明逼迫佛山法院,佛山法院只能判顧雛軍十年徒刑。
河北「大午農牧集團」公司原董事長孫大午,也曾蒙冤入獄。他鼓勵顧雛軍把真相揭露出來。
河北大午農牧集團原董事長孫大午:「我就不知道為甚麼周永康會直接插手這樣的事情。只能說這是上上下下盤根錯節的一個官僚體系集團。下麵人在做這些事情的時候,是一個體制性的問題在作怪,在做壞事,一件小事情很可能就觸動一個體系的神經。當時披露出來的信息來看,當時對顧雛軍的處理就是不公的。大家看的很清楚。」
孫大午表示,其實很多企業家的遭遇,都存在枉法不公。
顧雛軍對大陸媒體表示,現在的大環境已經不是當年的環境可比,但也要祈禱,他祈禱「陽光能阻擋住邪惡之徒的反撲」。
採訪編輯/秦雪 後製/鍾元
Zhou Yongkang and Cao Jianming Behind Gu Chujun Miscarriage of Justice.
In China, is political power above the law?
Recently, Hong Kong media published a
story about Gu Chujun, former Chairman
of Guangdong ‘Kelon Electrical Holdings’.
Gu Chujun was involved in a miscarriage
of justice, facing seven in prison.
This is related to Zhou Yongkang, former
member of the Chinese Communist Party
(CCP) Politburo Standing Committee.
It also involves the black-handed intervention
of Supreme Procuratorate Cao Jianming.
There might now be a dramatic
turning point in Gu Chujun’s case.
The latest cover story of Hong Kong ‘Asia Weekly’
reported on the cases of Gu Chujun and Lan Shili.
During the last ten years of economic reform in China,
these cases of injustice are emblematic economic cases.
Gu Chujun’s case was shaped by
corrupt high-level ‘tiger’ officials.
This was Zhou Yongkang, along with other senior officials
in Guangdong province, China Securities Regulatory
Commission and Petro China board of supervisors.
The report says that Gu Chujun, ‘Greencool Group’
founder, and former Chairman of ‘Kelon Electrical Holdings’,
was accused of embezzlement of corporate assets.
He was imprisoned, and released after seven years.
Gu Chujun’s case has been accepted for
retrial and he is expected to be vindicated.
Gu Chujun held a case briefing in Beijing on January 18. His
appeal was accepted by Guangdong Provincial High Court.
Gu Chujun’s attorney Chen Youxi
spoke to mainland Chinese state media.
“There are leaders who are higher than the
Supreme Court that are concerned about this case."
Mr Chen also commented that,"under the
related leaders’ concern, attention and supervision,
the Supreme Court is supervising this case."
In March 2009, Guangdong Provincial High Court
maintained Foshan Intermediate People’s Court verdict.
Gu Chujun was sentenced to ten years imprisonment for
of three accusations, including false investment charges.
On September 6, 2012, Gu Chujun
was released from prison early.
He had obtained a commuted sentence
and started to appeal to the Supreme Court.
Chen Youxi believes that as long as the court
does not interfere with independent investigators,
this case itself should be acquitted.
However, he also suggests that it is uncertain
if the Guangdong court will suffer pressure.
The outcome is therefore not easy to predict.
They also prepare to continue the lawsuit to
the Supreme Court if it continues to be upheld.
NTD telephoned Gu Chujun. His friend answered the call
and said they are currently unwilling to be interviewed.
After Gu was released from prison
in 2012, he held a press conference.
He made accusations towards a former Secretary of
Shunde District and current Vice Governor of Guangdong
Province Chen Yunxian, and former Secretary of
Guangdong Securities Regulatory Bureau Liu Xingqiang,
Gu said that they jointly forged a 276 million
dollar guarantee from ‘Kelon’ to ‘Greencool’.
They also bribed Fan Fuchun, former Vice Chairman
of the Securities and Futures Commission, who is
currently on the board of supervisors of Petro China.
Fan used the faked guarantee
to conduct an investigation illegally.
Fan Fuchun, Chen Yunxian and Liu Xingqiang
also used a large sum of money to bribe a
former Assistant Minister of Public Security.
This Assistant Minister then arrested Gu Chujun
and his eight senior official colleagues.
It was at this point that Gu was illegally imprisoned.
On January 16 2014, The Australian Journal
revealed that Gu Chujun’s case has not only
involved three Guangdong provincial officials.
It also involved former CCP Poliburo Standing
Committee Zhou Yongkang, and current President
of the Supreme Procuratorate Cao Jianming.
The Australian Journal reported that in 2006, after Gu’s
case was handed to the Procuratorate, it was thought
that it had impure motives and should not be prosecuted.
Thus, Guangdong Public Security began the bail process.
Just a few hours before Gu was about to be
released, Zhou Yongkang called Guangdong
Public Security and forcibly prevented Gu’s bail.
The article also says that after Gu’s trial, Chen Yunxian
placed an enormous pressure on Foshan court.
The Foshan court had to ask Supreme Court’s help.
At that time, Fan Fuchun had been helping Zhou Yongkang’s
faction acquire state-owned property, and Zhou protected him.
Thus, Zhou Yongkang’s associate Cao Jianming, who
was then Vice President of the Supreme Court, forced
Foshan court to sentence Gu to ten years imprisonment.
Sun Dawu, former Chairman Hebei’s Dawu
Farming Group, had also been illegally imprisoned.
He encourages Gu to reveal the truth.
Sun Dawu:"I do not know why Zhou Yongkang
would directly interfere with this.
This is a deeply-rooted bureaucracy,
which infiltrates all levels of the party.
A small thing could touch the nerve of this system.
It is actually the system that is the problem.
At the time when Gu’s treatment was exposed,
it was unjust. Everyone sees this clearly."
Sun Dawu said that actually, many
entrepreneurs’ encounters are unjust.
Gu Chujun said to mainland state-media that the current
environment is not comparable with previous years.
However, has to pray, he prays the light
of day will stop the evil’s counterat
tack.
Interview & Edit/QinXue Post-Production/ZhongYuan