AN illiterate couple have won an order for a rehearing from the Guangdong Higher People’s Court, which found a lower court granted leniency to their daughter’s murderer based on a 220,000-yuan (US$35,485) compensation agreement the couple signed, the Yangcheng Evening News reported yesterday.

    The couple said they can’t read and didn’t understand what they were agreeing to.

    In 2013 Huang Feishan was working as an illegal cab driver when he abducted 22-year-old Guangxi woman Que Jingqing. Huang first tortured Que until she gave the PIN of her bank account. After Huang withdrew more than 50,000 yuan from her account, he strangled Que and dismembered her body. He dumped the body parts in eastern Guangdong’s Shantou City.

    Despite the gruesome murder, which Huang committed to help pay off debts, he apparently skirted the death sentence because Que’s illiterate parents signed the compensation agreement with him before the trial.

    “At first, we did not agree... but the mediator said the settlement wouldn’t affect the final ruling,” said Que Mingyuan, the victim’s father. “We would rather give back the money than letting him get out of the death penalty.”

    The out-of-court deal was taken as evidence the family had forgiven Huang by the Shenzhen Intermediate People’s Court, which handed down a death sentence with a two-year reprieve — a sentence that could be commuted to life in prison if Huang shows good behavior.

    “Que’s family did not completely understand the Mandarin, and signed the deal, which did not truly express what they meant,” the appeal to the Guangdong Higher People’s Court said.

    The higher court rejected the lower court’s ruling last month, saying the findings were a result of “ambiguous facts and insufficient evidence.” Now, a rehearing is required.

    Wang Pu, a criminal case lawyer, believes the document the couple signed is legally valid.

    “Once the victim’s family signed the deal, the file was endowed with legal power,” said Wang.

    According to Wang, what should be confirmed in the retrial is whether the settlement process went against their will and whether there was evidence the family had forgiven the murderer.

    Wang said the deal signed also says the family should drop an accusation of murder if they accept the settlement. No record of the victim’s family asking to withdraw civil liability against Huang were found in the material of the first ruling. (Zhang Xiaoyi)