中英对照：不见棺材不落泪：吴健被判蔑视法庭指控成立
Contempt of court verdict led to change of heart by a vicious campaigner
来源: 大中报 南茜(Nancy Jin)
法庭审判中一般对道听途说的传闻证据不予采用。然而，自雇建筑工人吴健先生却铁了心地认为他可以凭借这些传闻在法庭上证实他对社区工作者和社区领袖钟新生先生的指控成立。根据钟新生状告吴健蔑视法庭的法庭文件，吴健于2019年起就向钟发起了一场讨伐诽谤运动，指责钟为个人利益兜售法庭勋章以及挪用公共资金等一些列道德不端及腐败行为。但一纸蔑视法庭的判决，特别是将会被投入狱的恐怖前景让吴健猛然醒悟，意识到他对钟发起一系列指控毫无根据，并违背了法律。
Hearsay evidence is unreliable and inadmissible in court trials. However, Mr. Jian Wu, a self-employed construction worker, had stubbornly believed that he could rely on it to prove in court what he alleged against Mr. Simon Zhong, a social worker and a community leader, were true. According to court records on the contempt lawsuit filed against Wu, Mr. Wu has started a crusading campaign against Zhong since 2019, alleging Zhong of ethical misdeeds and corruption -- including peddling Queens' medals and misappropriating public funds. It took Mr.Wu a contempt of court conviction -- particularly the prospect of jail terms -- to shake his confidence and to realize his allegations against Zhong were unfounded and that his actions violated the rule of law.
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Zhong filed a defamation lawsuit against Wu with Ontario Superior Court after Wu published a dozen WeChat posts in 2019 alleging Zhong’s wrongdoings. Mr. Wu presented no reliable evidence in court to support his claims, other than citing rumors and innuendos from unidentified individuals – including an 80-year-old woman. Justice Penny J. found Wu's WeChat statements defamatory and issued a permanent injunction order in Dec. 2019, banning Mr. Wu from publishing any defamation statements against Zhong.
但是，不管是永久禁令还是超过6万元的法庭费用及损害赔偿都未能阻止吴健向钟继续开展这场在使命感驱使下的攻击战，其目的是“让公众了解钟新生涉嫌的腐败”。法庭认为自法庭禁令后，吴健对钟的诽谤升级，张贴更为频繁。某些张贴还公然提到他可能会面临的蔑视法庭诉讼，此举充分显示吴健完全无视自身行为会造成的法律后果。
However, neither the injunction order nor the over $60,000 of damages and cost orders issued against him stopped Wu from continuing his mission-driven campaign to "alert the public" to the alleged corrupt dealings of Mr. Zhong. The court has found that Wu doubled down his efforts since the injunction order as his defamatory posts appeared more frequently on WeChat. Some statements even referred to the prospects of the contempt proceedings against him, showing his reckless disregard of the legal consequences of his act.
吴健当时认定，他可利用这些风言风语最终向法庭证实他对钟的指控，从而钟发起的这场讨伐是正义之举。没有律师辅佐的他误以为加国的公开法庭制度是他揭露钟的不良行径的绝佳机会和场所，可使他对钟的腐败指控获得更多大众关注。吴声张要将其微信张贴截图发给钟，有意刺激钟对其发起蔑视法庭的诉讼。他在2020年8月的微信张贴（根据法庭记录翻译）中写道：“逼迫钟起诉我是让我揭露其真像的更直接途径。。。只要诉讼一开始，纸就包不住火了。”
Mr. Wu held a steadfast belief that his hearsay evidence could eventually prove his allegations in court and justify his crusade against Zhong. Lacking legal advice, he was under the mistaken assumption that the Ontario open-court system provided him with the opportunity to expose Zhong’s alleged misconducts, putting a spotlight on his corruption charges against Zhong. Mr. Wu asked for a screenshot of his WeChat posts sent to Zhong, intentionally provoking Zhong to file contempt proceedings against him. “Forcing Zhong into suing me is just a more convenient way to expose the truth, “ he wrote in his Aug. 2020 posts. “As soon as the lawsuit starts, everything comes to light.”
法庭根据确凿的证据判定吴健蔑视法庭成立。法官S.F. Dunphy在其判决理由中写道，蔑视法庭判决让吴健震惊，并使他陷入了一场深刻的“自我反省”。他开始意识到他曾深信不疑的，既对钟进行一场所谓正义感驱使下的攻击是他的权利，且这场攻击战并未违反法庭禁令的理念是完全错误的。法官根据吴健的深度反悔以及其做出的日后将永不再公开发表任何关于钟之诽谤言论的保证而未下将其监禁的判决。
The evidence before the court has led to the contempt of court ruling against him. According to Reasons for Decisions by Justice S.F. Dunphy, the conviction left Wu in shock, triggering a "significant evaluation process on his part." Mr. Wu realized that his assumption that he was legally entitled to the so-called righteous campaign against Zhong and not in breach of the injunction order was completely wrong. Wu's deep remorse and his assurance of refraining from making any public statement about Zhong in the future prompted the court to stop short of handing down him a jail sentence.
Dunphy法官写道：”我有充足理由认为不使用监禁措施便可达到让伤害行为终止的效果。”
“I am satisfied… that the prospect of future harm is adequately addressed short of immediate incarceration,” wrote Justice Dunphy J.
法庭命令吴向钟支付蔑视法庭诉讼的全部费用，并处以$35000的一般性损害赔偿。这使吴健欠钟新生的全部法庭债务高达$10万元以上。
The court ordered Wu to pay the total indemnity costs of Zhong for the contempt proceedings, in addition to a fine of $35,000 as general damages, which makes his total court debt owing to Zhong exceed $100,000.
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