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.
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].
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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