【新唐人2013年06月17日訊】近來,作為輿論熱點的大陸前鐵道部部長「劉志軍案」消息不斷。劉志軍的辯護律師錢列陽,對外否認劉志軍涉嫌的兩筆賄賂,他還提出:受凍結的巨額財產與劉志軍無關。但這一說法受到各界批駁,被認為是在為劉志軍免死進行狡辯。
大陸媒體報導指稱,前鐵道部部長劉志軍涉嫌濫用職權,幫助山西商人丁羽心(丁書苗)、及她的親屬獲利近40億元,其中包括:劉志軍指使地方鐵路系統負責人為丁羽心安排鐵路貨運計劃,以及非法干涉鐵路工程招標等。同時,劉志軍涉嫌受賄罪,從1986年起共收受賄賂6460多萬元。
據了解,2008年到2010年,劉志軍曾指使丁羽心,為原鐵道部政治部主任何洪達開脫罪責、並為一名下屬陞遷打點關係。丁羽心為此分別支付了4400萬元和500萬元。
6月13號,劉志軍的辯護律師錢列陽,向《21世紀經濟報導》否認收受上述兩筆賄賂。
對此,北京時政觀察人華頗分析指出,這些財產也許表面名義上不屬於劉志軍,但劉志軍是實際的操控者和擁有者。
北京時政觀察人士華頗:「比如說用好些錢買官等,他讓丁書苗(丁羽心)出錢,丁書苗就出錢了。但是這是通過劉志軍的指令,那這筆錢實際還是屬於劉志軍的,還是讓劉志軍控制的。」
華頗認為,目前對於劉志軍案,關鍵就是判不判死刑的問題。辯護律師的這番言論,也是試圖幫助劉志軍免死。
華頗:「其實所做一切都是在保命,我想任何人都看到,關鍵就是劉志軍這顆人頭保住保不住。劉志軍本人也非常清楚,就是他的項上人頭非常危險了。」
此外,劉志軍辯護律師還辯稱,案件中受到扣押、凍結的374套房產、近8億元人民幣、以及酒店會所股份、股權等,與劉志軍沒有關係,而是丁羽心及她的親友名下財產。
中國東南大學法學教授張讚寧:「這些房子說不是他的,這個不可能的。是以他的名義貪污下來的,當然這些房子他不可能全部占有,為甚麼呢?他還要『孝敬』他的上級。」
中國「東南大學」法學教授張讚寧指出,劉志軍上面肯定還有更大的「老虎」,他貪污的巨額財產,也要與他的保護傘和關係網「分贓」。
在6月9號的庭審中,劉志軍泣不成聲,說自己本應該為「中國夢」做貢獻。北京檢方也當庭認定劉志軍坦白徹底,提出對他從輕處罰。但事實上,替嫌疑人要求從輕處罰的應當是辯方而不是檢方。
因此,這類「司法表演」,遭到人們的普遍質疑。大陸網絡上很多民眾發表看法和批駁。網友嘲諷:直接把劉志軍放了吧,省得浪費公款來做戲了!
中國「政法大學」法學院副院長何兵在微博上,表達自己的擔憂,他表示:「劉志軍如果不判死刑立即執行,貪污受賄罪的死刑,實際上就被廢止。」
在美的「中國社會民主黨」中央委員會主持人劉因全也對《新唐人》表示,劉志軍能夠爬到如此高位,一定和更高層官員有勾結。
美國「中國社會民主黨」中央委員會主持人劉因全:「因為中共官官相護,肯定與劉志軍同一個線上的人會千方百計的保他。包括收買律師來保他,包括動用關係來施加壓力來保他。」
劉因全分析,這些人很可能和劉志軍達成私下交易,來減輕劉志軍的罪責,從而換取劉志軍不揭發他們的罪行。
劉因全同時指出,實際上,劉志軍的貪污受賄都是有據可查的,他的辯護律師的說法不會被採納,而劉志軍一定會被判重刑。
採訪/易如 編輯/李謙 後製/蕭宇
Liu Zhijun’s defense attorney denies Liu accepted bribes
Former Railways Minister Liu Zhijun’s case is receiving
much public attention these days.
His attorney, Qian Lieyang, openly denied the two
alleged briberies Liu is charged with.
He also claimed Liu had nothing to do with the frozen assets.
His statement is criticized as sophistry to get Liu Zhijun
out of the death penalty.
Former Railways Minister, Liu Zhijun, is charged with abuse
of power for assisting a Shanxi merchant, Ding Yuxin,
(also known as Ding Shumiao), and her relatives to profit
nearly 4 trillion RMB.
He instructed the local railway department to arrange
rail freight assistance for Ding Yuxin.
He unlawfully interfered in railway construction bidding.
He is suspected of accepting bribes totaling more than
64.6 million RMB since 1986.
Liu Zhijun is said to have instructed Ding Yuxin to pay to have
former Railway director He Hongda exonerated from
a charge, and helped promote a subordinate between 2008 and 2010.
Ding Yuxin paid 40 million and 5 million yuan, respectively.
On June 13, to the 21st Century Business Herald, Liu Zhijun’s
defense attorney, Qian Lieyang, denied Liu accepted two bribes.
Hua Po, Beijing political observer, analyzes that the money
might not belong to Liu Zhijun nominally, but Liu actually handled it as if it was his.
Beijing politics watcher, Hua Po:
“He had Ding Yuxin pay for an official’s position. Ding paid.
It was done because of his instruction.
It was like he in fact owned and controlled the money."
Hua Po believes Liu Zhijun’s case is a matter
of the death penalty.
The defense attorney was trying to get him out
of the death penalty.
Hua Po: “In fact, I believe everyone understands that it will
be hard for Liu Zhijun to escape the death penalty."
Liu Zhijun’s defense attorney also argued that none
of the assets seized or frozen had anything to do with Liu Zhijun,
including 374 properties, 800 million yuan, and stock shares.
They were claimed to belong to Ding Yuxin and her relatives.
Southeast University law professor Zhang Zanning:
“There is no way none of those houses belonged to him.
He obtained them through bribery. Of course he won’t
own all of them because he had to honor his superiors."
Professor Zhang Zanning indicates
there are surely tigers above Liu Zhijun.
Liu was required to share with his protectors
and his connections.
At the June 9 trial, Liu Zhijun broke down in tears of regret
for not contributing to the China Dream.
Beijing prosecutor proposed to the court a lighter punishment
for Liu Zhijun because of his thorough confession,
even though it should have been the defense,
not the prosecution, pleading for extenuation.
This act in court was widely questioned on the Internet.
Many netizens expressed their views and criticisms.
A netizen ridiculed, “Set Liu Zhijun free to save
the public fund. Stop the show!”
Professor at China University, Political Science and Law,
He Bing, expressed his concern via his microblog.
He stated, “If Liu Zhijun is not sentenced to death, the death
penalty for corruption and bribery is in fact abolished."
China Social Democratic Party Committee Liu Yinquan
told New Tang Dynasty TV that collusion was a must for Liu Zhijun to have gotten his high official position.
China Social Democratic Party Committee Liu Yinquan:
“Within the layers of protection in the Communist Party,
someone associated with Liu Zhijun will certainly
do everything possible to save him,
such as bribe the lawyer or exert pressure through
a relationship in the regime."
Liu Yinquan analyses that a private transaction might take
place to mitigate Liu Zhijun’s crime in exchange of not exposing others’ crimes.
Liu Yinquan indicates that the corruption and bribery
are surely well documented.
He does not believe the defense attorney’s statement
will exonerate Liu Zhijun from heavy sentencing.