Police in Binh Phuoc Province yesterday detained 30-year-old Le Ba Mai, a local man who was sentenced to death for rape and murder of a minor in 2004 but acquitted by the Supreme People’s Court 7 years later for lack of evidence.

This file photo shows Le Ba Mai (white shirt) posing with his relatives after being announced a free man in May 2011 after 7 years in prison Photo: Tuoi Tre, Photo: Tuoi Tre

This new arrest was made under a decision by the appeal court of the Supreme People’s Court in Ho Chi Minh City.

The court said the detention was necessary for a re-trial at the request of the provincial People’s Procuracy, which continued to charge him with raping and killing an 11-year-old girl, named Thi Ut in the province on November 12, 2004.

As previously reported, in 2005 the provincial People’s Court sentenced Mai to death based mainly on his confession to the crimes. Later the same year, the Supreme People’s Court in Ho Chi Minh City upheld the verdict.

However, he later filed an appeal to the Supreme People’s Procuracy claiming that he was innocent and that his confession was coerced by the police.

In late 2006, the Supreme People’s Procuracy called for a retrial, citing many mistakes made by provincial investigators, including a failure to preserve evidence collected at the crime scene and incorrect written records.

In May 2007 the Procuracy canceled the verdicts of the first and second trials and called for further investigations.

Four years later, on May 24, 2011, the Supreme People’s Court in HCMC acquitted Mai, saying that there was not enough evidence for his alleged crimes.

The court said it is unacceptable to find anyone guilty purely based on their confessions made to the police.

However, in mid-2011 the head of the provincial People’s Procuracy disagreed with the Supreme People’s Court’s judgment, demanding that Mai be re-tried.

Source: Tuoi Tre