On May 27, lawyer Tran Hong Phong – defending murder–convicted Ho Duy Hai, sent a petition to the Long An province’s Police Department.
Phong asked the provincial police to answer some questions in the petition “for further information on the review the decision of the cassation and request for the second cassation.”
Phong also sent a letter to the Minister of Public Security, the chairman of the Supreme People’s Procuracy and the Judiciary Committee of the National Assembly to provide additional information on the Ho Duy Hai case he has collected recently.
In the application, lawyer Phong proposed such matters as:
Does the Police Investigation Agency of the Long An province review and identify the perpetrator’s factor of thumb – through the direction of the cut on the victim’s neck ?
Why didn’t the Police Investigation agency use the verification results from the fruit seller directly to Van and the solid and unmistakable evidence is the fact recorded at 21.01 proving victim Van was still at the fruit shop?
Why four written files (No. 139, 140, 141, 142 – numbered by the Long An province’s People’s Procuracy) record the testimonies of two citizens Dinh Van Coi and Le Thanh Tri with very important information about the young man in yellow clothes present at .00 from the case file?
Does this behavior show signs of falsifying case files? Do the police in Long An province know this?
In the photo of the scene on January 14, 2020, it appears that what we suspect is valid. It was someone in the office’s upstairs during the night of Jan 13, 2008 and its door was open.
If Nguyen Van Nghi is Nguyen Huu Nghi, why at the cassation hearing on May 6-8, 2020 the police officials of Long An province did not raise this issue but continued to use the name Nguyen Van Nghi?
The records show that two young people were in Cau Voi Post Office at the time of the murder occurred, rather than just one person, as the investigation conclusion had identified, Tuoi Tre online raised a question.
Lawyer Phong raised doubts that some of the written files were removed from the case files, suggesting that these files were drawn in an attempt to pin Ho Duy Hai as the perpetrator of the case.
Who is the man in yellow clothes?
Lawyer Phong asked to clarify that the young man in yellow was the last person present at Cau Voi post office before the murder. Who is this person and is it related to the circumstances of the door opening and lighting on the first floor, the circumstances of closing 2 post office gates?
According to the lawyer, most recently, he and his colleagues had the first access to four new records, established by the Police investigation agency during the investigation period, just 1 day after the case happened. But for some reason, these documents were not included in the case file. They included two written testimonies of two witnesses, namely Mr. Dinh Van Coi and Le Thanh Tri on January 15, 2008 (written file No. 139, 140, 141, 142 – numbered by the People’s Procuracy of Long An province).
“If these two statements are put into the case file in accordance with the provisions, it can be seen as follows: During the period from “over 19.00 to close at 20.00 on January 13, 2008, there were 4 person had been in Cau Voi Post Office named: Mr. Ho Van Binh, Dinh Vu Thuong and then at the same time two people: Mr. Dinh Van Coi and Mr. Le Thanh Tri … Through what these 4 men have seen and declared to the investigation officers, showing the possibility that two young people could visit the Cau Voi post office and talk to the two victims before they were killed,” Hai’s lawyer said.
According to lawyer Phong, the chronological order of each person entering the Cau Voi post office and the sight of “young people” sitting on the salon inside the post office are as follows: At “more than 19.0019.30: Mr. Ho Van Binh saw a the “young man” inside but can’t see his face and clothes.
Photo 4: Photo of the scene of the transaction counter, where Mr. Thuong, Mr. Tri and Mr. Coi can observe the sofa where a young man sat with Hong on the night of the murder
In the minutes of the testimony on January 28, 2008 (written file No. 265 and 266), Mr. Binh declared as follows: “I parked my motorbike at Cau Voi, at this time the post office opened the light, the time was more than 19.00 because I departed from my house at 19.00. I looked in the living room, at the salon table, there was a young man sitting on a chair talking to Hong. I went to Mr. Man’s house, then came back for about 10 minutes, then at around 19.30 I went to the post office to get my vehicle and still saw Hong and the young man sitting there.
Because Mr. Binh did not enter the post office, he did not see the young man’s face and clothes. Mr. Binh also did not have testimony about whether the motorcycle parked outside the post office or not. From 19.38 to 19.42, Mr. Dinh Vu Thuong saw a Dream motor set up in the post yard and a young man wearing a blue and white T-shirt inside.
What did the witness testify?
In fact, the Police investigation agency had identified Mr. Thuong’s call at the post office for relatives at 19.39. From around 19.43-19.55, Mr. Dinh Van Coi and Le Thanh Tri saw an elderly man dressed in yellow, without a vehicle outside the yard (Minutes of testimony dated January 15, 2000: written files No. 139 and 140 – People’s Committee of Long An province numbered a writing record (by Mr. Dinh Van Coi).
At the minutes of the testimony dated March 31, 2008, Mr. Dinh Vu Thuong stated: “I stopped by Cau Voi Post Office and made a phone call around 20:00. I went inside the door to see a woman sitting outside, a young man in the middle of a lounge chair, “the young man” wore a short-sleeved gray shirt, or dark blue with white stripes alternating “. “I see“ the old Dream motorbike ”but“ I can’t see its registered number,” and I dont care if the motorbikes has a rearview mirror or not.” I don’t notice anything on the vehicle.”
In the minutes of the testimony dated January 15, 2008 (written cases No. 141, 142 – The People’s Procuracy of the Long An province numbered), Mr. Le Thanh Tri declared: “Me and Mr. Coi stopped at Cau Van to eat porridge, after the dinner, I took Mr. Coi to the post officer and arrived at around 19.40. When we arrived, he asked me to come in and load the phone card, I saw a female standing inside and loaded the card into his phone, I bought a card of VND100,000, I scratched the phone myself, after I finished charging, at that time around 19.50, I took Mr. Coi to the police guarding station and then I ran home alone. I arrived my house at 10.10.”
Inside, about 5m away from me, I saw the young man sitting I did not notice sitting on the chair or anything, I saw this young man about 30-33 years old, neat hair, round body, round face, wearing a shirt Dark yellow elastic short-sleeved, I did not notice the collar.
In the yard, only my motorbike parked, no other vehicles. At the side of the counter on the right from the outside, there was a Nouvo motorbike parked, the vehicle headed to the post office, I did not remember the color of the car and its number plate. “
Photo 6: The foam slippers left on the scene marked on the surface of the chair lying below the pool of blood on which the victim’s feet were on. These sandals are 37, while Ho Duy Hai’s foot is 42). The inconsistency is clear, but the investigating authorities did not explain it, the indictment was not in doubt and the trial authorities still declared Ho Duy Hai to be executed
Lawyer Phong said that the information in the above testimonies showed that: Mr. Binh entered the earliest, saw a young man inside, but did not know his face clearly. At around 19.30, Mr. Thuong came in later to see a Dream motorbike and a young man dressed in a “dark gray, or dark blue with alternating white stripes“, around 19.39 – 19.42.
After Thuong came out of the post office, Mr. Coc and Mr. Tri entered. This time around 19.43 or later. Both of them spent longer time standing close to the counter, looking at the young man’s face and clothes more clearly. The two men also had similar testimony: there were no vehicles in the yard, the young man wore a yellow T-shirt, aged 28-33.
The difference in Mr. Ho’s and Tri’s testimonies is that Tri found a Nouvo motorbike inside.
“So, on the evening of January 13, 2008, two young people went inside the post office? The latter one wore a yellow T-shirt, about 28-33 years old? If this episode was made clear, then it is possible to identify the young man in white and blue (first identified by the police investigators as Ho Duy Hai) who is not the murderer because from around 19.43 the young man left the post office.
Is the young man in yellow in the post office at 20.00 the murderer or not the thing that needs to be further clarified. Set in the context of 21.01 the victim named Van was still in the fruit shop. By what means the young man with yellow shirt came to the post office? If traveling by motorbike, is it the Nouvo motorbike that Tri saw and led the car inside showing the possibility that this young man had a plan to spend the night at Cau Voi post office?” the lawyer asked the question.