A SYDNEY Falun Gong practitioner who claims she was tortured in China says her
court case against a former Chinese president has stalled because of the Australian
Government.
Falun Gong practitioner and artist Zhang Cuiying is suing former
Chinese president Jiang Zemin for damages in the New South Wales Supreme Court
after allegedly being tortured in a Chinese prison from March to November 2000.
The
43-year-old claims she still suffers as a result of the torture she says she was
subjected to because of her attachment to spiritual group Falun Gong, which is
outlawed in China.
The court originally requested the Department of Foreign
Affairs and Trade (DFAT) serve the damages claim to Mr Jiang in September 2005,
via the Chinese embassy.
However, she said the request has not been carried
out and today asked the court to compel DFAT to serve the claim without further
delay.
She also asked the court to allow an extra six months for the document
to be served.
Ms Zhang’s lawyer, Bella Zhou, told the court the documents
had been in the hands of DFAT for more than five months.
"There has
been no reasonable explanation about the status of the request or when the documents
will be served," Ms Zhou said.
Registrar Jerry Riznyczok said he could
not compel DFAT to serve the damages claim on Mr Jiang.
He reserved his
judgment about whether to give Ms Zhang the additional six months to have the
documents served.
He will hand down his decision on March 13.
Outside
court, Ms Zhang said she believed DFAT had been pressured by the Chinese Government.
"They
put pressure on DFAT and requested DFAT to use its influence to intervene in the
case," she said.
Falun Gong today produced documents, obtained under
freedom of information legislation by freelance journalist Richard Szabo, which
detail correspondence between DFAT and the Chinese Government.
In an email
dated September 28, 2004 a DFAT official writes: "The Chinese embassy has
made further representations to us on the lawsuit filed against Jiang Zemin in
the NSW Supreme Court by a Falun Gong practitioner.
"The Government
would do everything it could, within the law, to ensure that the case did not
become a problem for the bilateral relationship.
"However, under the
Australian Constitution, a separation of powers between the executive and the
judiciary set clear boundaries on what the Government could do."
Another
email stated: "China understood that Australia’s system was based on the
separation of powers but hoped that government would use its influence, consistent
with Australia’s laws, to express its opinion."
A DFAT spokesperson
said today the department was still attempting to establish details about the
damages claim.
"Following the receipt (of the documents), confirmation
was sought from the plaintiff that the documents are still within the time for
service," the spokesperson said.
"That confirmation has not been
received."
Comment has been sought the Chinese embassy.
Posting
date: 7/Mar/2006
Original article date: 7/Mar/2006
Category: Media Report
