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This Article is From May 10, 2010

Murder convict set free after his 'victim' is found alive

Beijing: A Chinese man, languishing in prison for the last eight years, was set free by a court and awarded a hefty compensation after the person whom he was convicted of killing was found alive.

Zhao Zuohai, a 57-year-old resident of Zhaolou village in Zhecheng county, was wrongfully convicted of the murder of a fellow villager in 1999, the Henan Provincial Higher People's Court ruled.

The suspended death sentence handed down in 2002 was rescinded and the court also awarded him a compensation to the tune of $44000.

It all started in October 1997 when Zhao Zuohai and his neighbour Zhao Zhenshang had a fight, after which the latter went missing.

In May 1999, a headless body was found in the village. Zhao Zuohai was arrested and, in 2002, convicted of murdering Zhao Zhenshang, according to a court statement.

However, Zhao Zhenshang, the 58-year-old "victim", returned to the village on April 30.

The Higher People's Court in Henan confirmed Zhao Zhenshang's identity on Friday and acquitted Zhao Zuohai.

Zhang Liyong, chief judge of the Henan Higher People's Court, said an investigation has been launched into the wrongful conviction.

Zhang said those who were responsible for the judicial error will be held accountable and that judges should learn a lesson from the case.

Zhao Zhenshang told Beijing News that he fled the village because he had attacked Zhao Zuohai and was afraid he might have killed him.

Zhao Zhenshang, who is paralyzed and has no money for treatment, said he was forced to come back to his village to get basic welfare payouts.

However, he said he was not remorseful about Zhao Zuohai being wronged. "He had such a bad temper. He needed a lesson somewhere, somehow," Zhao Zhenshang was quoted as saying.

Zhao Zhenshang said he was once friendly with Zhao Zuohai, but the relationship turned to hatred after the latter refused to return 1,800 yuan he had borrowed, and also because Zhao Zuohai was having an affair with a married woman in the village, which was "really immoral".

Zhao Zuolan, Zhao Zuohai's sister, told China Daily her brother had confessed to the crime because of police torture.

"My brother told me he was really treated unjustly," she said, adding that Zhao showed her a scar on his forehead caused when he was hit with a gun.

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