Judges, lawyers and representatives of the Crown brought the jury of the Cissy Chen murder case out to where Cissy Chen's body was eventually found. Photo / Nick Reed
Judges, lawyers and representatives of the Crown brought the jury of the Cissy Chen murder case out to where Cissy Chen's body was eventually found. Photo / Nick Reed
Ms Chen's partner Yun Qing 'Jack' Liu was acquitted of her murder yesterday after a jury trial in the High Court at Auckland.
Following revelations by NZME. News Service that evidence was withdrawn from the case, a statement from police has been released saying Yun Qing Jack Liu would not be reinvestigated.
Detective Inspector Bruce Scott of Waitemata Police said this morning that officers' thoughts and wishes were with the Chen family who had been "through an experience that no family should have to endure".
"We wish to acknowledge the strength and dignity shown by Cissy's family since she went missing in November 2012.
"The role of Police is to gather all the available evidence and present it to the court.
"Police will not be reinvestigating the case and are not looking for anyone else in relation to Ms Chen's death.
Did Mr Liu rehearse what to say?
Another mysterious piece of evidence was withdrawn from the jury midway through the Cissy Chen murder trial.
After Yun Qing Jack' Liu was acquitted yesterday, NZME. News Service revealed a statement by the victim to her friend saying if she died her partner would be the killer, was not put before jurors.
Justice Sarah Katz ruled the evidence would be too prejudicial and may put too much pressure on the jury to find the defendant Mr Liu guilty without considering all the facts.
It can now be disclosed that another document was also pulled from the jury just before they began deliberations.
A piece of paper was found by police officers in the couple's Torbay home weeks after the investigation began.
On the document - located in a cabinet underneath the TV - was written "homicide", "altercation" and "resuscitate" in Chinese, English and phonetically.
The Crown said it could be used by the jury to infer Mr Liu was planning or rehearsing what to say to police and emergency services.
Victim Cissy Chen.
While the judge conceded it was "an odd note" to be found in the house of someone accused of murder, she told the jury to disregard its contents and had it removed from an exhibit booklet.
"There's no evidence as to who the author is, when it was created or why," Justice Katz said.
The document had never been sent for hand-writing analysis, nor was it ever mentioned to Mr Liu during multiple police interviews.
It comes after it was revealed a statement by Ms Chen's friend was not put before the jurors.
Yun Qing Liu.
Midway through the seven-week trial Justice Sarah Katz ruled "with some reluctance" the testimony of Cindy Chin would be too prejudicial.
"The statement could almost be seen as a premonition by Ms Chen of her own death, and an accusation from beyond the grave as to who is responsible," the judge said.
"There would inevitably be a huge temptation [for the jury] to rely on the statement for truth of its contents, perhaps even subconsciously."
'If I die, tell the police it was Jack
Throughout the trial the Crown attempted to paint the picture of a relationship in turmoil, characterised by the victim planning to cut the 58-year-old Mr Liu out of her will in favour of her family in China.
Prosecutor Brian Dickey said the defendant uncovered his partner's plans on the day she went missing - allegedly a clear motive for murder.
He argued during an admissibility hearing to include the friend's evidence that Ms Chen's words on the morning of her disappearance were "the sharpest, best and most contemporaneous" evidence of the state of a relationship, which he said was unstable and becoming dangerous.
On the morning of November 5, 2012, Chen, a former North Shore accountant, called her friend and ex-workmate Ms Chin to discuss finding a lawyer to help her with her will.
The woman said it was a good idea and spontaneously gave the example of Mr Liu poisoning her.
"Cindy if one day I am dying [if I die] you please quickly call the police and Jack he's the one who kill me," Ms Chen allegedly said.
Ms Chin asked what she meant but the victim said she was in a rush and had to go.
Less than 12 hours later Mr Liu called the police to tell them his wife was missing after she had gone for a walk to Long Bay.
She was not seen again until 16 months later when about two thirds of her remains were found in a bushy reserve 11km away from the couple's Torbay property.
Mr Liu's lawyer Michael Kan suggested that Ms Chin's recall of the conversation may have been inaccurate, that her translation of the conversation may be incorrect, that she may have colluded with members of the victim's family prior to making a police statement, and that she bore some animosity towards Mr Liu. But it was his argument about the "immensely" prejudicial nature of the evidence that swayed Justice Katz.
"With some reluctance, given the clear probative value of the evidence, I have concluded that the 'reverberating clang' of the deceased's accusatory words, made in such close proximity to her disappearance, would 'drown out all weaker sounds' in this case," she said.
In summing up the judge told the jury the Crown's case was totally circumstantial and that to find Mr Liu guilty they would have to make a series of inferences.
CCTV showing Mr Liu turning left and heading south down Beach Rd, rather than right towards Long Bay where his wife had gone walking, was put forward as proof he was dumping his partner's body at the Totaravale reserve.
But defence counsel argued there was nothing concrete that put Mr Liu at the dump site, nothing that proved he attacked Ms Chen and nothing to say when or where - and the jury agreed.
When the jury foreman read the verdict yesterday, Justice Katz formally discharged the defendant and told him he could "leave court whenever you wish".
After the direction had been translated to Mandarin, Mr Liu strode out of the dock bowed to the judge and walked out leaving Ms Chen's family shaking their heads.
Outside court, her brother Philip, who had spent every day watching the trial with his brother Peter, said he was heartbroken.
"For all of our family members we feel very very disappointed and can't accept this result. This result is very unfair to my sister," Mr Chen said.
Police said they had not yet decided whether they would reopen the case but the victim's brother said he was not pushing for that to happen.
Mr Chen said there was only one man with motive and opportunity.
Yun Qing Liu.
Key times
• 4 November 2012 Cissy Chen and partner Yun Qing "Jack" Liu have lunch with Jack's son and his fiance. Cissy calls her brother to talk about changing her will after an argument with Jack, according to brother's evidence.
• 5 November 2012 10am Cissy allegedly tells her friend Cindy Chin that if she died, Jack would be the killer.
