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At 9:57 AM yesterday, Qiu Xinghua, was executed with a single gunshot near a river in Ankang, Shaanxi Province, China.

The 47-year-old farmer who told the court "I must pay for what I did" paid for it with his life after killing 11 people and seriously injuring two in July.

The final verdict, announced at 9 AM by the provincial High People's Court, dismissed Qiu's appeal and said it was unnecessary to subject him to a psychiatric examination citing lack of convincing evidence.

A high court source said that during the investigation, interrogation and court hearings Qiu dubbed the "Temple Killer" appeared to think and behave normally. During the appeal hearing in the second trial Qiu stated he was normal and didn't want a psychiatric examination.

The court found that Qiu killed 10 people in a temple near his home because he thought one of the victims flirted with his wife. This found to be untrue. Using an axe and knives, he hacked them to death while they were asleep at night. As he was fleeing, he robbed and killed another person and injured two.

Qiu was arrested in August and sentenced to death in October. However, lawyers and scholars have voiced doubts about Qiu's mental state.

Liu Xiwei, a 73-year-old psychiatrist, submitted a written request to the authorities asking for a psychiatric examination to be conducted as Qiu's behavior exhibited what he called typical symptoms of mental disease. Neighbors confirmed that Qiu's mother had mental problems. 

A defense lawyer's request for a psychiatric evaluation was made during the second trial on December 8 but that was turned down. Three days later five law professors published an open letter in the media calling for Qiu to be psychologically evaluated. They argued that if the request were not granted amid rising concerns, it would harm his rights.

"What we care about is not the specific case but the integrity of the country's judicial system," the professors said.

In fact Criminal Law stipulates that if a mental patient's actions can't be controlled and lead to dangerous consequences, they won't be held criminally responsible. However, some experts believe that Qiu was clear-minded while committing the crimes. Li Meijin, a psychology professor at the Chinese People's Public Security University, said Qiu filled in a psychological questionnaire which showed he was in control of his faculties.

There'd been speculation that the provincial high court wouldn't deliver a final verdict before the year-end because the Supreme People's Court re-assumes the power of death penalty review from local high courts on January 1-- a change aimed at exercising tight control over the penalty.

(China Daily December 29, 2006)