The first hearing to determine whether to grant a retrial in the so-called "Changwon Taxi Driver Murder Case" was held on December 9.
The 2nd Criminal Division of the Changwon District Court in Gyeongnam, presided over by Chief Judge Kim Seonghwan, conducted the initial hearing on the retrial petition filed by Akmal Bozorov, a citizen of Uzbekistan.
Previously, in March 2009, a taxi driver in his 50s, referred to as Mr. A, was found dead inside a taxi parked in an alley in Myeongseo-dong, Uichang-gu, Changwon.
Mr. A was found to have been strangled with a cord and stabbed multiple times with a sharp weapon. The Changwon Western Police Station, which had jurisdiction over the case, began an investigation, suspecting that the perpetrator had boarded the taxi pretending to be a passenger, killed Mr. A, and fled after stealing money.
However, no evidence was found in the taxi that could identify the perpetrator, nor were there any witnesses who had seen the driver working the previous night, leaving the case unsolved.
Later, in July of the same year, three foreign nationals from Uzbekistan, including Akmal, were arrested for a taxi robbery. The prosecution, having received Akmal's confession from the police, brought him to trial.
At the time, Akmal was 19 years old. He was sentenced to life imprisonment for killing the 19-year-old taxi driver and stealing valuables. The following year, the Supreme Court dismissed his appeal, finalizing the sentence.
In January of this year, Akmal's legal team filed a petition for retrial with the Changwon District Court.
During the hearing, the defense attorney stated, "In a case where the confession is virtually the only evidence, the defendant, a minor foreign national in a vulnerable position, was convicted through unlawful investigation, a perfunctory public defender, and an inadequate trial process," presenting the grounds for the retrial petition.
The attorney continued, "The statutory punishment for robbery-murder is either the death penalty or life imprisonment. The defendant was sentenced to death by the prosecutor at the time, but he did not fully understand that the sentence sought would result in the deprivation of his life. Furthermore, the prosecutor explicitly stated in the sentencing opinion that, aside from the defendant's confession, there was no clear and definitive direct evidence proving that the defendant committed the crime."
The attorney also pointed out that regarding Akmal's written statement during the investigation, "It is difficult to see it as voluntarily written, and even the timing of its creation is unclear. This also shows the defendant's limited proficiency in Korean. Nevertheless, interpretation and translation were insufficient during the police investigation, the on-site investigation, and the trial process."
Additionally, the attorney argued, "The police and prosecutors intentionally omitted or failed to submit to the court evidence favorable to the defendant, including CCTV records contradicting the defendant's confession about the taxi's route, forensic results from the National Forensic Service, call records and cell tower investigation data, tips related to the real perpetrator, and investigation materials from Changwon Western Police Station."
The attorney further stated that during the investigation, police officers assaulted Akmal and coerced his confession, public defenders failed to properly submit written opinions and statements of defense, and there was insufficient opportunity for the defendant to meet with his attorney.
The attorney added, "The victim's family also wishes for a retrial and reinvestigation for the defendant. We appeal for a fair and doubt-free judgment, ensuring that all legal rights and the right to defense are fully guaranteed, just as they would be for a Korean citizen."
The prosecution did not make an oral statement regarding the retrial petition during the hearing, instead referring to the written opinion already submitted.
The court requested both Akmal's side and the prosecution to submit or review materials necessary for the trial, as well as opinion statements regarding witness applications.
The next hearing is scheduled for February 12, 2026, at 11:00 a.m.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
