There are considerable similarities in law enforcement and criminal investigation in most developed countries, though the common law versus civil law countries have their own unique divergences in criminal procedure. I don’t know Korean criminal law but the Park Shi Hoo and “K” sexual assault allegation investigation is taking a turn for the strange and not very transparent. Both Park Shi Hoo and K were supposed to show up at the Gwangju Seobu (Western) Police Station on February 24th for the first questioning on this case. Over the weekend, Park Shi Hoo changed attorneys, reportedly upon the advice of his current attorney who specializes in commercial law with a focus in entertainment (contracts, defamation, etc.), and he’s now retained one of the top criminal law lawyers in Seoul. The new attorney promptly released a statement that Park Shi Hoo will not be able to attend the police questioning on the 24th, due to unforeseen circumstances. Er, and what might that be? A death in the family? Severe diarrhea? Temporary amnesia? My ADA and law enforcement friends would shit a brick if I explained how this questioning has been postponed now two times, because its usually out of courtesy and lack of flight risk that an accused rape suspect gets to go in for questioning at a certain time as opposed to being arrested. But that time is usually set within 1-2 days, at most. This is looking more and more perplexing to me if I want to keep an open mind that Park Shi Hoo (and/or K) may be falsely accused and simply want to go in and clear their name. What’s even more weird is that his new lawyer has filed an official request to have the case transferred from Gwangju Seobu (Western) Police Station to Gangnam Police Station for handling. The police have indicated they will likely turn down this request, which is the only sensible thing to do since when does a suspect have a right to request a transfer of jurisdiction?
The media was already camped outside of Gwangju Seobu (Western) Police Station by Sunday as there is sure to be a media circus when Park Shi Hoo and/or K show up for questioning. I don’t see the need for the media to chronicle everything – the Gwangju Seobu (Western) police can question him in another precinct for all I care to cut down on the side show outside. It’s now been 10 days since the alleged rape, and 9 days since the alleged victim reported it, and still no tangible movement on the police investigation. If Park Shi Hoo claimed he was going in for questioning to clear his name that this was a consensual sexual encounter, he or his lawyer is not doing a good job of giving the perception they have nothing to hide. At this point, it might be Easter before the police actually interview Park Shi Hoo and/or K to ask their side of the story. And frankly, I want to hear it beyond the statements released that it was consensual.
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This is nuts for sure. I understand due to the charges he would change attorneys due to the fact of specialties... It's like entering a fight with a banana. Hmm changing jurisdiction, is super odd.
Read my reply to PSH's legal press release. That will give you a better idea of the case.
Any idea if any date set, for the third time, for PSH finally going to the police station? Is it true that the police won't allow delay for three times, or they would issue a search warrant?
I think this sets a bad judicial precedent case example for the future, as for other suspect in similar cases may also request for delays using the same excuse such as changing attorney, etc. It must be a limitation on how long one can drag the delay, or is there?
He is taking advantage of the legal loopholes. The date set for the next meeting is 1 March 2013.
Thank you, SKP.
But this is final, right? I mean, no chance for any further delay according to the law. Or are there any more legal loopholes? What I am thinking, of course there are loopholes as the legal system is developed only by human, people who live in the society. I only hope that he is not going to take any more advantage of the loopholes since this is so public. Revealing those loopholes and how a celebrity took advantage of them does not serve the society any good.
bad move .. the more he dragged, the more I'm gonna think he's not innocent in this ... its like watchin a drama on how the rich & powerful gets away for rape ..such a shame
ahhh it's so hard to still think kindly of him right now given this new twist. I'm still trying to hold back judgment but this is getting way suspicious (and seriously, creeping me out because never in a million years would I associate him with rape - actor/viewer interaction at least).
He's on his third lawyer by now, and his current team are complete novices at a lesser-known firm (푸르메) than the first two lawyers he retained from Hwawoo/화우 (one of the top five in the country). Initially, it was a female lawyer at Hwawoo, then a male lawyer with a string of celebrity clients (Rain, Park Hae-Jin, Baek Ji-Yeon, etc), who apparently resigned only hours before PSH's interview. Now he's got these recent law school grads at a completely different firm, insisting that the case be transferred to the Gangnam precinct.
Thanks for the detailed update.
People who have nothing to hide come forward as soon as possible and try to clear their name. Although all the facts of this case have yet to be revealed, one can't help but feel that he drugged and/or raped her and then wanted to play it cool the next morning like nothing happened. He probably didn't expect her to report it to the police because she was a trainee and unfortunately lives in a world where society tries to find faults with the victims.
I agree with you 100%! Who knows? He might have done this before and gotten away with it.
Totally agree that this is probably NOT the first time that he's been doing it - ie drug and rape. Most of the other girls may have been too intimidated and fearful to report. Hence he thinks that he had gotten away with it in the past, he will get away with it again. An innocent man would not react so calmly and delay time and again, the opportunity to give his side of the story.
WTF?! How the hell does the legal system allow a rape suspect to put-off being interrogated for this long? Pretty soon he's gonna be able to say "I don't recall... " I don't know if he's guilty or not, but it sure is ironic that he recently played a criminal who evaded capture until the statute of limitations ran out.
The entire thing is not sensible.
What I'd like to know is, why a rape suspect got so much to request? Because he is a celebrity?
I'd bet if the accused is not a celeb, the police would have hauled his ass in for questioning the very next day. Doesn't PSH realize that the longer he waits, the guiltier he looks? Or is it dawning on him that money and power ain't going to buy him out of this one? PSH sweetie, just get your fat ass in there ASAP. Pardon me for the language, but I'm beyond furious.
Considering this is a criminal trial, maybe he's less concerned about his image now, and more worried about his prospects of going to jail. Seeing that he changed legal teams so many times, there's definitely something unsettling about the whole case.
Rape victim have any bruises or scratches? Of course he would change lawyers he s scared look at this media frenzy..he s the rapist and she's innocent??? Yea ok
If she was unconscious she wouldn't have put up a fight... hence marks and bruises could be a moot point.
The authorities must be alert on PSH and K. They might even attempt to leave the country? so a hold departure order (alerting airports) must also be imposed?
Don't flee to the US baby.
The delay allows the time for him and K get together to fabricate the story (assumung that he is indeed guilty of the crime). Is it normal in legal practice? I am really puzzled.