The pre-trial hearing in the beating case of Chinese businesswoman Zhao Yan has been held in a federal court in New York State on Friday afternoon, local time.

The defense lawyer for Robert Rhodes said the charges against his client are unfair because he is a homosexual and the only person being prosecuted in the case.

The prosecutor, however, rejected the claim and said the accusation was made on the basis of Rhodes' alleged criminal act rather than his sexual preference.

The court ruled that the defense must present new and more sufficient evidence that the US federal government discriminated against the accused.

In late July, Zhao Yan was beaten when she was traveling near Niagara Falls. Robert Rhodes worked as a US immigration official at the time. Rhodes' lawyer argues several other officers were involved in the beating.

(CRI November 7, 2004)