【撤回刑事案件上訴 爭取議會及早復職】

【撤回刑事案件上訴 爭取議會及早復職】
Statement: Sulu Sou will withdraw the criminal appeal in order to have the suspension ceased

關於非法集會的刑事案件,6月25日是雙方上訴期限。昨天(26日)辯方得悉控方未有提出上訴,雖然本人在期限前提出了上訴,然而,有關上訴屬於防衛性質,即避免因控方上訴可能加重刑罰而令本人權益受損。

經與律師團隊商討,由於控方並無提出上訴,本人將按原計劃撤回有關上訴,並繳交相關罰金,爭取及早恢復議員職務,繼續在更廣闊的監察平台,盡力為居民伸張公義、為公共利益發聲。

同案另一被告鄭明軒則已向法院聲請分開處理刑事程序中與其有關的部分,以便繼續進行已提起的上訴程序,使此一涉及集會及示威基本權利之行使的關鍵問題,能透過上級法院的審理予以釐清,有關聲請正等候法院批准。

經深思公眾普遍期望,並權衡輕重利弊後,這是一個漫長且非常艱難的決定。對不利於自己的判決提起上訴,絕對是被告的一項基本權利,然而,在這事件上,法律正義與公眾利益實為魚與熊掌,難以兩者兼得,也總會與一些期望存有出入。本人堅持並無觸犯非法集會罪,並將以其他途徑詳細闡述論據。

在此,本人誠意感激一直不離不棄的李奕豪大律師及何睿智大律師團隊,他們在整個司法程序中展現了崇高的勇氣及專業精神,為使我們能作出最理智的決定而提供各種可行方案,也要感謝新澳門學社的伙伴與支持者,及持續關注事件的傳媒和各界人士。最後,特別要向為本人撤回上訴決定感到失望的人士表示歉意,衷心希望取得他們的理解與支持。

June 25 was the appeal deadline of my unlawful assembly case. Yesterday (the 26th), we the defendants have learned that there was no appeal from the MP. Although we have made an appeal to the upper court before the deadline, the appeal is merely defensive. Specifically, it was to prevent an enhanced sentencing which might result from the MP’s appeal.

Since there was no appeal from the MP, after a discussion with my lawyers, I will withdraw my appeal as planned and pay the fine as the judgment demands. It is an effort to have my suspension ceased so that I could perform my duties to strive for justice and public interest on a much broader platform, just as the Macau people have mandated.

The first defendant Scott Chiang, on the other hand, has applied to separate his parts from our case so that his appeal may proceed. Fundamental questions about exercising our basic right to peaceful assembly and demonstration are at stake. We would like these questions to be clarified by the upper court. However, it is up to the Court to approve the application.

Public expectation and the pros and cons of an appeal were all taken into consideration in this difficult decision. Appealing a guilty verdict is a fundamental right. However, legal justice and serving public interest as lawmaker are both important objectives. And in this instance, I simply cannot have things both ways. Either way, someone will be disappointed. Despite the withdrawal, I still insist of my guiltlessness and I will elaborate this argument elsewhere.

I would like to sincerely express my gratitude to our lawyers Dr. Pedro Leal and Dr. Jorge Menezes, who have shown utmost courage and professionalism and have fought assiduously in this legal battle. Without their advices and proposal, we could not have made the most appropriate decision. I also want to thank our friends and supporters of the New Macau Association, the press and the citizens for their continuing care and attention to our case. Finally, I would like to apologize to those disappointed by my appeal withdrawal and I hope they will understand and support us.

蘇嘉豪 Sulu Sou
27/06/2018

Photo/ Hoje Macau