Review on Murder Conviction of Mr. Zhen Dong Zhao, court ref. CCDP0087 2011

Dear Minister Alan Shatter,

We are a group of Chinese individuals and organisations who come together to express our concern at the murder conviction of Mr Zhen Dong Zhao. Mr Noel Fagan died as a result of an assault by Mr Zhao immediately following a theft and assault by Mr Fegan on Mr Zhao. Mr Zhao was convicted on the 4th of December 2012 and we fail understand how a jury could convict Mr Zhao by a 10-2 majority of murder. We believe the verdict is perverse in both law and fact.

Mr Zhao had at all times admitted the assault and was willing to accept the consequences that flowed from that. Mr Zhao accepted that he had overreacted and regretted the death of Mr Fagan. Our point of concern is that Mr Zhao was willing to accept the charge of manslaughter but was contesting the charge of murder. The DPP refused to accept a plea to manslaughter. In a recent case from Dundalk where a Mr Douglas Ward without provocation attacked an 18 year old youth previously unknown to him and kicked him to death the DPP accepted a plea to manslaughter whereas in Mr Zhao's case which was a lot less clear the DPP would not accept a manslaughter plea and sought a murder conviction. On every level Mr Ward would seem to be far more culpable for the death of his victim and there appeared to be much stronger independent testimony available. On its face it would seem to be murder yet the DPP were willing to accept a manslaughter plea. Our concern is why a murder conviction was pursued with such vigour in circumstances which would seem to amount to manslaughter against a foreign national. We further believe the judge should not have put the option of murder before the jury where the facts simply did not support this.

We respectfully request that you review this case which has caused a great deal of concern in the Chinese community in Ireland. We intend to raise this with our ambassador.

We look forward to receiving your response.

Yours Sincerely,