Former traffic police officer sentenced to 12 years in prison for causing death of violator

On the afternoon of March 21, after 2 days of trial, Ho Chi Minh City People's Court sentenced Pham Sy Hoai Nhu (38 years old, former Senior Lieutenant of Traffic Police of Tan Binh District Police) and Nguyen Minh Chung (27 years old) to 12 years in prison for the crime ofIntentional injuryresulting in death. Three other accomplices received 5-11 years in prison.

The panel of judges determined that there was sufficient basis to conclude that the defendants’ criminal acts caused the death of Mr. Chin (44 years old). In which, Nhu was the mastermind, Chung and 3 other defendants were active accomplices. The defendants’ actions were contemptuous of the law, the lives of others and committed crimes of a hooligan nature.

The defendants must compensate Mr. Chin's family 158 million VND and provide 3 million VND per month for the victim's children until they are 18 years old.

According to the case, on the night of June 25, 2014, Nhu was the head of the traffic police patrol team of Tan Binh District Police stationed at the intersection of Truong Chinh - Tan Ky Tan Quy. A short while later, Mr. Chin was ticketed and his vehicle was impounded due to his alcohol level exceeding the prescribed limit. He refused to accept the charge, argued with the traffic police and then left. Lieutenant Nhu called Chung (who had a previous conviction for robbery) to beat him up as a warning and chased Mr. Chin away so the police could work.

Chung called three more young men to take Mr. Chin into the alley, taking turns beating him until the victim fell to the street. Chung told Nhu "it's done" and the group left.

At dawn the next morning, the working group saw Mr. Chin sitting on the roadside so they called a taxi to take him home. On the way, the victim complained of pain so they asked the taxi to take him to Thong Nhat Hospital. However, Mr. Chin died due to a ruptured small intestine and choking on food in his airway.

In September 2016, the Ho Chi Minh City People's Court of First Instance sentenced Nhu and Chung to 12 years in prison. The remaining defendants received 5-11 years in prison. Nhu appealed, claiming that he was innocent of the charge of "calling his juniors to beat up violators." Chung and two other defendants asked for a lighter sentence. A year later, the High People's Court of Ho Chi Minh City overturned the verdict and returned the case to the first instance court for re-investigation and trial.

In court this time, Nhu still affirmed that he only called Chung to take Mr. Chin home and did not beat him up. However, the former traffic police officer admitted that he was partly responsible because if he had not called Chung, Mr. Chin would not have been beaten. Nhu also denied that he had asked Chung and his friends to confess and give him money.

Chung changed his testimony, claiming that what Nhu said was true. "Previously, the defendant did not understand the law, and thought that if he said that Mr. Nhu asked him to beat Mr. Chin, his sentence would be reduced. Now, the defendant does not want to wrongly accuse Mr. Nhu, and wants to tell the truth of the case," Chung told the jury, claiming that "because Mr. Chin yelled at him, he asked his juniors to beat him."

However, before answering the interrogation, the other defendants said that Chung asked them to beat Mr. Chin up. In his final words, Nhu asked the jury to consider allowing him to return to his family soon.

Speaking about the case, the prosecutor stated that although Nhu did not admit to calling Chung to beat Mr. Chin, Chung changed his testimony and said that Nhu called to "take Mr. Chin home". However, based on Chung's testimony throughout the investigation, the first instance trial, and the testimony of the other defendants, there is no basis to accept Nhu's opinion.