Moving On

22 November 2008

What Comes After the Jury Finding

Run . . . by Face it, with Creative Commons licenceOne of the more difficult, but sometimes comforting, aspects of being involved in a cause is that there’s always a new case to pursue, another direction in which to channel energy. I met with fellow members of the Justice for Vicky Flores concern group last night and we decided to move on after the jury finding that put her death down to suicide. None of us could possibly draw the same conclusion given the evidence available, but we accept that the finding brings us to the end of our campaign to ensure that justice was done for the woman and her family. Procedural justice will just have to be enough this time around.

But even as we spoke of how we felt, how we failed and how we succeeded, we were aware that other people need our help as well. Some things we can’t change, but some we can. Tomorrow we’ll sort through the Labour Tribunal case of a domestic helper who was used as free labour for a month, sacked and then shifted over to the apartment of the owner of the employment agency through which she was recruited for ‘extra training’ – a clear breach of contract, amongst a few others. It just so happens that the owner of the employment agency is the sister-in-law of the employer, who has filed a counterclaim with the Labour Tribunal. Pure maliciousness is an epidemic amongst employers of foreign domestic helpers in Hong Kong.

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Vicky Flores Inquest Finding

20 November 2008

Death by Suicide

Cemetery, by Comrade_S, with Creative Commons licence The jury has given its finding at Vicky Flores’ inquest here in Hong Kong. After accepting directions from the Coroner to weigh the overall evidence and consider the reliability of the witness whose evidence I called into question in my last post, in a 4-1 majority decision they found that Vicky committed suicide. This is obviously a blow to her family, who now cannot draw from an insurance payout to cover the costs of Vicky’s funeral. It also leaves the suspicion that the jury failed to understand a wide range of Filipino cultural references, which were not explained in court.

The Coroner did direct the jury to ignore any evidence they found insubstantial, but the standard rules of hearsay clearly do not apply to jury findings in an inquest. Still, and this is a very important point to remember, the group I’ve worked with since April to push the process this far succeeded in having natural, otherwise known as procedural, justice delivered.

Now we’re at the end of the line, which has always been the major goal. Despite the jury’s finding, evidence has been very hard to come by in this case and no revelations were expected at the inquest. We expected either an open finding, meaning that the evidence could not support a substantial decision, or a finding of suicide.

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Same Old

20 November 2008

More Manufactured Scandal from a Directionless Rag

Shock Shock Horror Horror, by Jeremy Brooks, with Creative Commons licenceWhile waiting for the Coroner’s Court to hand down its finding on Vicky Flores’ death this morning I picked up our copy of the South China Morning Post, curious to know what salacious details it might have reported this time around. And it didn’t disappoint. The following post appeared in slightly different form on A Death in Hong Kong earlier this morning. The links to the original SCMP article lead to a PDF file, so everyone can read it.

The South China Morning Post has again reported incorrectly on Vicky’s inquest. Despite the headline on page 3 of the City section today, Vicky did not ‘visit’ a ‘witch doctor’ (otherwise known as a ‘quack’) about her headaches. A friend, supposedly a ‘boyfriend’, did on her behalf, taking a picture of Vicky with him.

So much for attention to detail from the SCMP’s subeditors.

The witness mentioned in the article who made the claim that Vicky was “out of her mind” shifted uneasily in her seat when Irene, Vicky’s sister, questioned her about this, kept looking down and moved her gaze from side to side. She also raised her voice defensively when questioned about how she knew that Vicky didn’t have good relations with her family. Her claim was that Vicky told her so.

In other words, she was presenting hearsay evidence.

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The Colours of Justice

19 November 2008

Observations at an Inquest*

Gavel, by noyava, with Creative Commons licenceBrown and beige are the colour scheme of bureaucracy. They combine to imply formality, procedure – the dull grind of life. Within them lies a nostalgia for fashion since past, a hint of the 1970s almost 40 years on, a sort of resistance to trends, to things of the moment. Bureaucracy resists change, remains outside the flow of happenstance, because it directs the momentum of society, modulates what is acceptable, determines the limits of permissibility. The Coroner’s Court in Hong Kong is brown and beige, with a touch of olive to induce a sense of refrain – nothing too bright, too noticeable, too complicated will happen here. All is sombre. It’s a place where people often cry, because death is a burden for the living.

An inquest is a difficult time – it revives the life of a person past, disgorges detail best left at peace. But the necessity of finding a reason for a previously unexplained death dictates witnesses, questions, counter-questions, a solemn jury, a stern Justice and associated personnel. It has a colour of its own, a sort of grey, a mood that pervades each step of the process. Old friends speak in fits and starts, new friends speculate, lawyers direct recollections toward possible evidence of suicide or its lack; all done subtlety, moving around the subject as though it wasn’t quite there.

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No News Today

18 November 2008

Journalism, Going Cheap

Order & chaos, by mushon, with Creatve Commons licenceMinority language newspapers are rarely the epitome of quality journalism, whether they suffer from under-funding, under-enthusiastic staff or just a simple lack of credibility given a small readership balanced against the necessity to drag in advertising revenue. Hong Kong’s second English daily, the Standard, staggered along as a business paper in recent years, finally devolving into a free 5-day tabloid edition with more advertisements than copy.  Such is the fate of a narrowly focused publication in a shrinking market. But the premier South China Morning Post, an old-school 7-day broadsheet, is having none of that.

Staff members I’ve talked to claim that the SCMP is intent on reinventing itself as publication read by English speaking Chinese and that the subscription data support that claim, although no-one can really say to what extent. The circulation figures seem to be up, which might be a good thing, but it’s hard to tell because free issues are always available at one of the local universities, at least.

Another, and perhaps more substantial, problem with this scenario of expanding the readership is that readers want to read. It might be using a revenue-based business model to determine the success or failure of its circulation drive, but the SCMP needs sufficiently good copy to make that model viable. Unfortunately, and I write this as a subscriber to both the print edition and the online edition (yes, Virginia, some newspapers still charge fees for access), the standard of journalism ranges from the occasionally impressive to more common run-of-the-mill, and bottoms out at irresponsible, which is a polite word for crap.

Allow me to discuss the low end of this scale, because excellence speaks for itself and it’s somewhat difficult to interest readers with repetitions of uninspiring column inches. I’ve mentioned the newspaper’s coverage of Vicky Flores’ disappearance and death in Hong Kong before, with my most negative commentary reserved for sensationalism in reportage about “the ‘occult references’ and ‘weird messages that sounded like mantras'” found on her mobile phone – which were little more than a misinterpreted ongoing conversation with an occasional friend.

That sets the scene for the SCMP‘s coverage of the inquest into Vicky’s death yesterday, the headline of which read “Maid got love letter before death, inquest told”. Hardly exciting news, but the lede increased the tempo:

A maid whose body was found in the sea after she ran screaming from her employers’ home had earlier received a love letter and a text message mentioning biblical “last days” from a man in her home town.

Search Privacy, by mushon, with Creative Commons licenceNow we have an apocryphal message, but the text message in question read, in part: “We are already in the last days. God is offering his holy spirit to us and salvation through the Lord Jesus Christ Bible Society”. Anyone who has spent time with Filipinos or in the Philippines will know that forwarding text messages like that is very common, as are small charismatic Christian churches and the like. A literal belief in the Book of Revelations and the proximity of Christ’s second coming isn’t as widespread, but you don’t have to search far for it.

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Slowly Turn the Wheels of Justice

14 August 2008

Police Report Issued on Vicky Flores Death

Almost four months after Vicenta ‘Vicky’ Flores – a Filipino domestic helper in Discovery Bay, Hong Kong – fled her employers’ home and drowned under mysterious circumstances, the regional police have finalised their investigation. Today’s print edition of the South China Morning Post reports that the North Lantau police issued a report on the case “this week”, without specifying a day or any other details.

Vicky’s disappearance and death have been a very serious issue here in Discovery Bay, not only because the loss of life is tragic and the community has been diminished by her passing, but also because the government reaction to it has revealed a distinct lack of enthusiasm in dealing with people from other cultures, and an inability to communicate meaningfully with minority ethnic communities.

Following standard procedure, the police report has been forwarded to the Coroner, who will consider whether an inquest is necessary. Given that the police refused to investigate the circumstances of Vicky’s employment and focused on ludicrous insinuations of “cult-like” connections, a re-investigation of the situation through the Coroner’s Court will be most welcome.

Around a month ago the Justice for Vicky Flores concern group, of which I’m a member, received independent advice that an inquest would be likely due to the publicity and genuine concern surrounding the case. This was complemented more recently by an indication from the Lantau District Police Commander that “a death inquest is very likely to be held”. Of course, that in no way guarantees an inquest, which will bring much needed transparency to the case in an open court, but it’s promising given the latest news.

Dealing with the police in Hong Kong isn’t an easy task, despite a wealth of propaganda that suggests a mission to serve and protect. For the sake of Vicky’s family – especially her sister Irene, who has struggled through a mountain of difficulty both here in Hong Kong and at home in the Philippines to make sense of the situation – any news of the police finding and a prompt indication of an inquest date will be vital.

In a humane society, people care for people, even foreigners.


Wrong Arm of the Law

14 June 2008

Remedial Reading for a Would-Be Sleuth

Cycle (TC 5), by Irena Kittenclaw, with Creative Commons licenceJustice is a complex issue, covered over with perceptions and shot through with assumptions – many of which are surprisingly wide of the mark. In the move from being just, or morally right, to dispensing justice, an elite intercedes and begins to make decisions on what is usual, what is fair, what seems out of place. Like any apparatus of power, the legal system is a step aside from society, with its own, often fragmented, understanding of how people live, prosper, decline and die.

The new micoreviews in the toolbar at the right are part of my reaction to that disassociation – the hesitant beginning of an inquiry into what makes justice just, and the ways in which it can err.

A crucial element in that inquiry is the disappearance and death of Vicky Flores here in Discovery Bay, Hong Kong. The police inquiry into the case is currently plodding towards a conclusion that the dead woman was irrational, prone to dabbling in the occult and by implication – though never explicitly stated – a likely candidate for suicide. But gathering together the scant documentary evidence of police conduct so far, and keeping in mind what they have said publicly, the investigation seems strangely curtailed. Why focus on the possible activities of a dead woman when her home and work life (she was a live-in domestic helper) are by and large ignored?

Detective_Tales_Dec48, by PopKulture, with Creative Commons licenceWith that sort of oversight in mind I began reading about police investigation and the English legal system, which is the basis for Hong Kong’s own. And where else to turn for a soft introduction but to that perennial super-sleuth Sherlock Holmes?

That decision was a little less whimsical than it might seem, because E. J. Wagner has written an eminently readable history of forensic investigation using Arthur Conan Doyle’s famous character as a foil. Wagner’s Science of Sherlock Holmes picks out episodes in Conan Doyle’s tales of mystery to trace the history of forensic investigation as it emerged in Victorian England, all the while highlighting the benefits and limits of precision detective work.

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