Saturday, May 2, 2009

In defence of private property

Tokoroa's new cultural highlight: The Aotea Chinese Restaurant and Takeaways

Every now and again I get dragged to Tokoroa to visit my parents-in-law. Usually in the middle of Winter!

On the journey there, my usual swift driving style is amended to a more sedate pace and I take every opportunity enjoy the scenery and stop off numerous times before we reach our destination.

I can't say that I look forward to traveling to Tokoroa, however next time I am summoned, I may be more motivated to arrive there in good time.
Zhuo Feng Jiang owns a Chinese Takeaways in Tokoroa and I will be calling in to support his business the next time I'm bonding with my in-laws.

After being confronted by an armed thug in his takeaway business recently, Jiang wrestled the firearm away and shot him. There was some speculation that Jiang may be charged over this incident, however this has now been discounted. And rightfully so!


What is interesting about this case for me is the assumed distinction between a business owners "home" and his place of business. I would suspect that if the armed low-life entered Jiang's home, then this case may have been reported differently.

For moteliers their home is their place of business. I once took part in a court case that involved thugs entering reception areas of businesses and intimidating business owners. I empathisised at the time that although the perpetrators entered a space that was accessible to the public, they in fact had entered private property. By their intentions, they had no right to be there and had in fact entered a place of residence where the owners and their families lived and worked.

Jiang was defending himself and his family on his own private property and shot a hostile low-life criminal in the leg. There should not have been any speculation about possible criminal charges against him and he should have been regarded as a hero.

It's a shame he didn't aim higher.


2 May 2009
www.nzherald.co.nz

By
Alanah May Eriksen

Shop shooter won't be charged

A Tokoroa shop worker who wrestled a gun from a robber and shot him in the leg will not face charges.

Zhuo Feng Jiang of Aotea Chinese Takeaways says he would do it again if he was put in the same situation.

Mr Jiang had been prepared to go to court over Monday's incident to defend his actions.

"I'm quite happy the police said they won't charge me," he said. "I had to stand up for myself."

The 26-year-old received positive feedback from members of the public after the attempted robbery in which a man demanded money from his mother and cousin, who were behind the counter.

Mr Jiang hid in the store's chiller and pounced on the intruder when he walked past the door before wrestling a rifle from his grip, knocking it from his hands. With his cousin, Mr Jiang pushed the intruder out the shop's back door and grabbed hold of the gun.

When the man kept trying to get the rifle back after being warned not to move, Mr Jiang shot him.

After three days of interviews, police said yesterday no action would be taken against Mr Jiang and slammed media for speculating otherwise.

"We were unable to categorically rule out [charges] until the investigation had been completed and until all the information potentially available had been gathered and examined," said Detective Senior Sergeant Todd Pearce.

"Unfortunately, the early publicity and speculation over this particular issue have served only to cause further distress to this victim and have overtaken what was a committed investigation by Tokoroa detectives resulting in the arrest of two men within 24 hours of the offence."

Mr Jiang said he now left the shop's back door - which the robber used to enter the store - locked at night. It was usually left open as staff used it to dispose of rubbish.

Security cameras at the shop only focused on the front of the property so there was no footage of the incident.

The family have no intention of selling the shop and moving away.

"It's his fault, not my fault," Mr Jiang said. "I don't need to be scared away ... I'm not going to do it."

A 29-year-old man was arrested on Tuesday night for the robbery and taken under police guard to Waikato Hospital for treatment.

Police spokeswoman Kaye Calder said a lawyer acting for the man appeared in the Hamilton District Court yesterday.

The man was remanded in custody to reappear on May 4, although it was not known if he would be released from hospital by then.

A 30-year-old man charged with being an accessory after the fact appeared in the Tokoroa District Court on Wednesday. He entered no plea and was remanded on bail.

Source: Click HERE

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