Criminal process

Prosecutors presented Zhang Xiaojun's testimony as follows: On Nov 12, 2011, Bogu Kailai asked me to contact Neil Heywood, saying that she wants to meet him and I shall pick him up and bring him to Chongqing. She instructed me repeatedly that I should accompany Heywood to Chongqing. I called Heywood and told him that Bogu Kailai wanted to meet him in Chongqing. Heywood replied that he also wished to see her, but had to check his schedule. Within half an hour, Heywood called me back, telling me he would be available the next day and asking me to book a flight for him.

As shown by documentary evidence that includes the flight tickets and hotel registration form, on Nov 13, 2011, Zhang escorted Neil Heywood from Beijing to Chongqing. Heywood checked in to Room No 1605 of the 16th building of the Lucky Holiday Hotel in Nan'an District of Chongqing Municipality, as arranged by Zhang.

According to the testimonies of Bogu Kailai and Zhang, which were presented to the court by prosecutors, that evening, Bogu Kailai had prepared two bottles - a glass bottle of poison that contained cyanide compound and another medicine bottle of capsulated drugs. Bogu Kailai gave the glass bottle to Zhang.

At around 9 pm on Nov 13, 2011, Bogu Kailai and Zhang visited Heywood's hotel, bringing along the two bottles, as well as wine and tea. After entering Heywood's hotel room, Bogu Kailai drank wine and tea with him while Zhang waited outside. Later, Heywood became drunk and fell in the hotel bathroom, and then Bogu Kailai called Zhang into the hotel room and took the glass bottle of cyanide compound that Zhang was carrying.

Zhang said in his testimony that he put Heywood on the hotel bed. After Heywood vomited and asked for water, Bogu Kailai put the bottle of cyanide compound she had prepared into Heywood's mouth. Then she scattered the capsulated drugs on the hotel floor, making it seem as though Heywood had taken the drugs.

According to what Zhang recalled in his testimony, Bogu Kailai poured cyanide compound into a small soy sauce container that she had prepared beforehand, mixed it with water and walked to the left side of the bed. She dripped the toxic mixture into Heywood's mouth as she was talking to him.

Bogu Kailai and Zhang visited Heywood's room on the night of the crime, as video footage presented to the court by the prosecutors showed. According to the physical evidence inspection report submitted by China's Ministry of Public Security, DNA samples from Bogu Kailai and Zhang were found on bottle caps and cup lids at the crime scene.

Bogu Kailai told hotel waiters to leave the guest alone in Room No 1605, after hanging the "Do Not Disturb" sign on the door when she left, according to the testimony of a hotel waiter.

Cause of death

Witness testimony provided by prosecutors showed that Bogu Kailai illegally obtained the poison that contained cyanide compound through other people.

During the trial, the Ministry of Public Security's reports and position papers on the examination of material evidence, as offered by prosecutors, showed that blood extracted from Heywood's heart and samples of his vomit collected at the crime scene contained cyanide ions, and Heywood's death was caused by cyanide poisoning. The conclusion was based on renewed examination and identification of trace evidence taken at the crime scene as well as the blood from Heywood's heart, which was collected and preserved by the Public Security Bureau of Chongqing after his death.

During the trial, defense counsels of Bogu Kailai and Zhang Xiaojun raised questions concerning the transfer and preservation of the blood from Heywood's heart and other material evidence. Prosecutors pointed out that the blood and other key pieces of evidence were preserved in normal conditions, proving the validity of the material evidence.

Experts with the material evidence identification center under the Ministry of Public Security appeared in court to testify and answered questions raised by the prosecutors and defense counsels.

Expert testimony

During the examination and prosecution phases of the case, defense counsels entrusted by Bogu Kailai filed an application to the prosecuting body to evaluate Bogu Kailai's mental state at the time of Heywood's death through forensic psychiatric expertise.

After examination, the prosecuting body entrusted the forensic examination institute under the Shanghai Mental Health Center to conduct an evaluation of Bogu Kailai's mental state in accordance with the law.

After studying her medical records and interrogation transcripts, hearing the testimony of witnesses, talking with Bogu Kailai alone and conducting discussion and analysis, the expert group concluded that Bogu Kailai had been treated for chronic insomnia, anxiety and depression, and paranoia in the past.

She used to take anxiolytics, antidepressants and sedative hypnotic drugs, and she also received combined treatment by taking antipsychotic drugs, but the curative effect was not enduring. She developed a certain degree of physical and psychological dependence on sedative hypnotic drugs, which resulted in mental disorders.

However, Bogu Kailai had a clear goal and a practical motive in committing the alleged crime. Preparations were made prior to the alleged criminal act, including, for example, asking for poison from others and storing the poison, planning to take the victim to Chongqing and arranging the location for committing the alleged crime, among others.

She was also able to determine the environment for committing the alleged crime, and she had a relatively strong awareness of protecting herself.

Taking all of the above factors into consideration, Bogu Kailai has an intact ability to identify the nature and consequences of this alleged criminal behavior and a weakened ability to control herself. Therefore, she should be identified as having the capacity to accept full criminal responsibility.