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The Trial

The trial, took place in Saigon on June 2, 1964 at 9:00 AM, with the presence of United Nations. It lasted for a week. The court, or the Military Tribunal, made up of eight military personnel, including General Đặng Văn Quang and Colonel Dương Hiếu Nghĩa. The Honorable Lê Văn Thụ was the presiding judge and Major Nguyễn Văn Đức was the prosecutor [Nguyen, 2006]. These were the same officials for cases against Ngô Đình Cẩn and Colonel Phan Quang Dong a year before, when both of the accusers were quickly judged and executed [Nguyen, 2006], [Hammer, 1987]. Unlike the previous two cases which were held in Hue, the trial of Dang Sy was held in more orderly manner, the twenty families who represented the eight victims were strangely absent [Hammer, 1987].

The Charges


The charges brought against Major Dang were attempted and premeditated murders. The prosecution sought the death penalty, if the defendant was found guilty. Even though the incident took place at Hue, the prosecution and defense asked the court to hold the trial in Saigon, away from the dissidents and possible violence against the defendant and his family [Gettysburg Times, 1964].

The Defendants


The defendants were over two hundred government personnel who were implicated in the incident, where several people were dead. Fifty of the defendants were released while Major Dang alone was held accountable [Hammer, 1987].

The Defense


Under martial law, Major Dang could afford a lawyer. Mr. Francis Nguyễn Khắc Tân, a junior associate in a prestigious Saigon law firm, was delegated the task of defending Major Dang against overwhelming odds. Since his legal representative was a civilian, the court relied on Major Đặng's military knowledge to defend his actions. Major Dang, in full officer uniform, eloquently and at times, furiously, identified his superiors who gave him the orders, the instructions to carry out non-lethal measures for crowd control, the means used and what happened afterward.

The Witnesses


Among the civilian witnesses were Mr. Nguyễn Văn Đẵng, Provincial Head, Mr. Nguyễn Khắc Từ, a head of household; Venerable Thich Nhất Hạnh, a historian in the Buddhist Hierarchy; Venerable Thich Tri Quang and several medical doctors like Dr. Lê Khắc Quyến, Dr. Erich Wulff and professor Kainick's taped recording. Several government military and medical experts testified at the trial about the effectiveness of the weapons used by Major Dang's troop as well as the post-mortem autopsy reports on the victims. Thich Tri Quang declined to appear in court, citing his lack of presence prevented him from being accurate [Hammer, 1987].

Public Reactions


The public reaction was frenzy. In South Vietnam, the Buddhists, while initially demanded a death penalty, proposed clemency if Major Dang admitted guilt. Meanwhile, the Catholics demanded equal treatment for Major Dang, as other Buddhist perpetrators of the allegations. Some officers even rumored to revolt if Major Dang were to be executed[Times, 1964]. Government prosecutor said the Revolution Council would press for capital punishment once guilt had been established [Gettysburg Times, 1964]. Newspapers in the United States, with source from Associated Press, printed articles about an obscure South Vietnamese officer who ordered troops to fire upon peaceful demonstrators. Some Americans believed the trial, if South Vietnam decided to go through with it, would be a mockery of justice [WCWC News Service, 1964].

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