Publishedat 16th of April 2019 11:00:09 PMChapter 267
Monday, continued …
After the warning the judge paused and then continued "Just because you think you have something to say, does not mean you have the right to say it when you want . From my reading of the doc.u.ments and the history of this matter, there is evidence that shows you believe you have a complete and utter sense of ent.i.tlement . You view that you are superior to everyone, and in control . Let me tell you, you are not, Mr Lu . "
"In this court proceeding I am in control, and I would suspect without much knowing much about the legal system in Country X, you are not in control there . Now one more word out of you I will be recommending to that your actions be referred to the police for contempt of court . Just because you are sitting in a court room in another jurisdiction does not exempt you from complying with directions . Be quiet until you are asked to say something, I will reconsider my position . Ms Jones please continue . "
Anna continued "As I was saying he demanded today my replacement laptop on which I have installed the programs a.s.sociated with my employers, which I will not be handing over . The charges here are not related to incidents per se in Australia . The only thing that the courts here can use is his history of incidents against me, which applies to justifying the aggravating circ.u.mstances relating to an a.s.sault on a former partner . "
"There are other charges relating to information to police and corporate charges . While one part of the penalty is still to be finalised, what has been agreed to include fines, an order of protection similar to an intervention order, suspended penalties and a ban on holding corporate office some a period of time here in Country X . Mrs Lu faces somewhat similar charges and due to complications with her pregnancy will be serving a 6-week prison sentence by way of home detention with various restrictions . For Mr Ly, he was going to serve a 6-week prison sentence …"
"No I am not…"
Anna could see, her careful baiting had its desired impact, the court was sick of his ongoing actions . The Judge said "Mr Lu that is it, you will be charged with contempt . You have had repeated warnings, and simply because you do not like what is being said does not give you the right to interrupt . This is not a place where you can demand that things have to be what you want . It is a court, and you must respect the court and my role in this matter . Ms Jones, please continue . "
"Thank you, your Honour . As I was saying the proposal was that Mr Lu serve a term of imprisonment for six weeks, however it is currently being debated here as to whether Mr Lu should actually serve that in prison or serve a longer term via home detention as there is some medical evidence that in separating Mr Lu from his wife would increase her stress and potentially lead to her miscarrying their child . "
"So, in other words, the hearing needs to happen today as it is likely to be the only time that Mr Lu will be available to be present when orders are made . "
"Yes your honour and even if jail was not being imposed any court hearing would require video links as one of us would have to be in a remote room, due to the terms of the orders here, which are expressed to be applicable worldwide, and from what I understand, given Mr Lu is a citizen here and I gained citizens.h.i.+p here upon my marriage without losing my Australian citizens.h.i.+p, breaking that order anywhere in the world will attract extrterritorial jurisdiction . "
"Ms Jones I see you have signed the orders, and when they have been sent through Mr Lu"s Australian Lawyer has signed them . Do you wish to say anything on them?"
Lu Jinhu"s lawyer in the court room in Australia stood up "Your Honour, while we have concerns that there is not a complete 50/50 split of all the a.s.sets, despite Mr Lu"s higher contributions to the relations.h.i.+p and Ms Jones income and earning ability the orders should be more in the favour of my client …"
"I am going to stop you there . I have been provided with a copy of the forensic report which clearly proves that the orders were obtained through forging Ms Jones" signature . Despite when the original appeal application was filed there was no responding material by your client, Ms Jones has been quite reasonable to your client, despite her fully knowing a court would award her more . Her proposals are more than fair and reasonable, so I will not hear any more argument on this point . "Monday, continued … After the warning the judge paused and then continued Just because you think you have something to say, does not mean you have the right to say it when you want . From my reading of the doc.u.ments and the history of this matter, there is evidence that shows you believe you have a complete and utter sense of ent.i.tlement . You view that you are superior to everyone, and in control . Let me tell you, you are not, Mr Lu . In this court proceeding I am in control, and I would suspect without much knowing much about the legal system in Country X, you are not in control there . Now one more word out of you I will be recommending to that your actions be referred to the police for contempt of court . Just because you are sitting in a court room in another jurisdiction does not exempt you from complying with directions . Be quiet until you are asked to say something, I will reconsider my position . Ms Jones please continue . Anna continued As I was saying he demanded today my replacement laptop on which I have installed the programs a.s.sociated with my employers, which I will not be handing over . The charges here are not related to incidents per se in Australia . The only thing that the courts here can use is his history of incidents against me, which applies to justifying the aggravating circ.u.mstances relating to an a.s.sault on a former partner . There are other charges relating to information to police and corporate charges . While one part of the penalty is still to be finalised, what has been agreed to include fines, an order of protection similar to an intervention order, suspended penalties and a ban on holding corporate office some a period of time here in Country X . Mrs Lu faces somewhat similar charges and due to complications with her pregnancy will be serving a 6-week prison sentence by way of home detention with various restrictions . For Mr Ly, he was going to serve a 6-week prison sentence … No I am not… Anna could see, her careful baiting had its desired impact, the court was sick of his ongoing actions . The Judge said Mr Lu that is it, you will be charged with contempt . You have had repeated warnings, and simply because you do not like what is being said does not give you the right to interrupt . This is not a place where you can demand that things have to be what you want . It is a court, and you must respect the court and my role in this matter . Ms Jones, please continue . Thank you, your Honour . As I was saying the proposal was that Mr Lu serve a term of imprisonment for six weeks, however it is currently being debated here as to whether Mr Lu should actually serve that in prison or serve a longer term via home detention as there is some medical evidence that in separating Mr Lu from his wife would increase her stress and potentially lead to her miscarrying their child . So, in other words, the hearing needs to happen today as it is likely to be the only time that Mr Lu will be available to be present when orders are made . . Yes your honour and even if jail was not being imposed any court hearing would require video links as one of us would have to be in a remote room, due to the terms of the orders here, which are expressed to be applicable worldwide, and from what I understand, given Mr Lu is a citizen here and I gained citizens.h.i.+p here upon my marriage without losing my Australian citizens.h.i.+p, breaking that order anywhere in the world will attract extrterritorial jurisdiction . Ms Jones I see you have signed the orders, and when they have been sent through Mr Lus Australian Lawyer has signed them . Do you wish to say anything on them? Lu Jinhus lawyer in the court room in Australia stood up Your Honour, while we have concerns that there is not a complete 50/50 split of all the a.s.sets, despite Mr Lus higher contributions to the relations.h.i.+p and Ms Jones income and earning ability the orders should be more in the favour of my client … I am going to stop you there . I have been provided with a copy of the forensic report which clearly proves that the orders were obtained through forging Ms Jones signature . Despite when the original appeal application was filed there was no responding material by your client, Ms Jones has been quite reasonable to your client, despite her fully knowing a court would award her more . Her proposals are more than fair and reasonable, so I will not hear any more argument on this point .