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Waitress assault trial slated to begin

By Cai Ke (chinadaily.com.cn)
Updated: 2009-06-16 00:09

The trial for Deng Yujiao, a waitress who killed one man and injured another, while claiming self-defense from rape, will start early Tuesday, local authorities said Monday.

The incident happened May 10 in Hubei province. The hearing will be in the People's Court of Badong County, Wang Haibo, deputy director of Badong government information office, told China Daily.

Related readings:  Official-killing waitress may avoid prison  Officials sacked in probe into killing by waitress

"The trial will be open to the public and press, but only a selected group of about 100 people are allowed in as there are too many applicants," he said.

The charge is "intentional assault" and Deng's lawyers, Wang Shaopeng and Liu Gang, have said she is innocent, according to the Caijing Magazine.

Wang said the trial could last for three to four hours.

Police believe Deng, 21, conducted "excessive defense" when she allegedly killed Deng Guida and injured Huang Dezhi with a knife after she refused to join them in a bath on May 10. The two men are township officials of Badong county, under the administration of Enshi.

The men pushed, shoved and insulted Deng, according to a police statement from the Enshi Public Security Bureau.

The case has caused huge public uproar as police initially investigated the case as murder.

Before the trial, Deng was diagnosed with a "mental imbalance", which could result in a mitigation of criminal punishments, Caijing reported yesterday.

People who suffer from a "mental imbalance" usually show symptoms of both depression and anxiety, according to the report. According to Criminal Law, the maximum sentence for "intentional assault" is the death penalty. But because Deng turned herself in after the stabbing, she may face a sentence of less than 10 years with suspended sentences, legal experts said.

"No matter whether Deng is diagnosed as mentally imbalanced, she should be released or given a suspended sentence, " said Zhou Ze, a lawyer and professor with China Youth College for Political Science in Beijing. "But such a diagnosis will of course increase the possibility (of the granting of suspended sentences)."

People who are given suspended jail sentences are allowed to remain outside prison for a certain period of time. If during that time they commit no crime, the rest of their jail sentence is waived.