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Sunday 1 February 2009
Chen’s Case Tests System
The long-running corruption case against Taiwan’s former president Chen Shui-bian is putting the island’s legal system to the test - one that some analysts say it is in danger of failing.
TAIPEI - The long-running corruption case against Taiwan’s former president Chen Shui-bian is putting the island’s legal system to the test - one that some analysts say it is in danger of failing.
The three months since his arrest on charges of embezzling public funds, taking bribes and money laundering have seen almost continuous wrangling over the initial decision to grant him bail.
Prosecutors finally got their way in late December when the original judge in the case was removed. The man who replaced him ordered that the former president be remanded in custody, pending a trial that could see him jailed for life.
‘The fact that he (the judge) was changed raised a lot of questions on what grounds and basis the decision was made,’ said Mr. Phil Deans, a Taiwan expert at Temple University’s Tokyo campus.
‘Some of the problems Taiwan has is that the people don’t have a lot of confidence in the system,’ he said. ‘The political scene is so angry and bitter that... one side or the other would not trust the outcome.’
The court has stood by its decision, saying Chen’s case was handed over to a judge already presiding over the ‘closely related’ embezzlement trial of Chen’s wife, to avoid the possibility of ‘inconsistent rulings’ in the cases.
In a letter to Taiwan’s President Ma Ying-jeou this month, nearly 30 international scholars warned the ‘the erosion of the judicial system’ could jeopardise Chen’s right to a fair trial.
‘Taiwan’s judicial system must be not only above suspicion but even above the appearance of suspicion, of partiality and political bias,’ the letter said.
They also expressed concerns over the ‘widespread pattern of leaks’ to the press on the ongoing case.
Others have expressed doubts over the legitimacy of locking up Chen and other suspects even before they were indicted, accusing prosecutors of attempting to secure confessions.
‘Chen’s case is a serious test to Taiwan’s judicial system and I am afraid that some of the latest developments won’t help build its credibility,’ said Mr. Lin Feng-cheng, director of Taiwan’s Judicial Reform Foundation.
Mr. Lin said it was worrying to see the way that some prosecutors had mimicked Chen’s behaviour during his arrest when he defiantly put his handcuffed hands in the air.
‘This poking fun at a former leader is very improper. It shows that those who have the authority are flippant about exercising their powers.’
Chen, 58, became president in 2000 as leader of the Democratic Progressive Party (DPP), pledging to clean up the corrupt political legacy left by a half-century of governance by the Kuomintang (KMT), which had ruled the island since it fled mainland China in 1949.
Chen, who often irked Beijing with his pro-independence policies while in office, has repeatedly accused Mr. Ma’s Beijing-friendly government of leading a witch hunt. The government, which took over after his eight years in power, has flatly rejected the charge.
And not all outside observers agree that Chen is more sinned against than sinning.
‘The fact that Chen’s legal difficulties started while he was still in office underscores the independence of the judiciary,’ said Mr. Ralph Cossa, head of the Centre for Strategic and International Studies Pacific Forum in Hawaii.
‘I’m disappointed in the way the (opposition) DPP leadership has decided to play into Chen’s accusations... given the preponderance of evidence and guilty pleas from his family,’ he said.
The ex-leader’s problems first surfaced when his son-in-law was arrested in May 2006 on allegations of insider trading. Later that year his wife was charged with graft in a case that also implicated Chen.
Taiwanese prosecutors launched a probe into Chen on May 20 2008, hours after he lost his presidential immunity when his second four-year term expired.
Chen has admitted his wife wired $20 million (S$30 million) abroad from his past campaign funds. He said she did so without his knowledge and has denied accusations laundering money.
However, his son and daughter-in-law last week pleaded guilty to money laundering charges and promised to send $38 million back to Taiwan from their overseas accounts.
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Chen’s Case Tests System
AFP
1 February 2009
TAIPEI - The long-running corruption case against Taiwan’s former president Chen Shui-bian is putting the island’s legal system to the test - one that some analysts say it is in danger of failing.
The three months since his arrest on charges of embezzling public funds, taking bribes and money laundering have seen almost continuous wrangling over the initial decision to grant him bail.
Prosecutors finally got their way in late December when the original judge in the case was removed. The man who replaced him ordered that the former president be remanded in custody, pending a trial that could see him jailed for life.
‘The fact that he (the judge) was changed raised a lot of questions on what grounds and basis the decision was made,’ said Mr. Phil Deans, a Taiwan expert at Temple University’s Tokyo campus.
‘Some of the problems Taiwan has is that the people don’t have a lot of confidence in the system,’ he said. ‘The political scene is so angry and bitter that... one side or the other would not trust the outcome.’
The court has stood by its decision, saying Chen’s case was handed over to a judge already presiding over the ‘closely related’ embezzlement trial of Chen’s wife, to avoid the possibility of ‘inconsistent rulings’ in the cases.
In a letter to Taiwan’s President Ma Ying-jeou this month, nearly 30 international scholars warned the ‘the erosion of the judicial system’ could jeopardise Chen’s right to a fair trial.
‘Taiwan’s judicial system must be not only above suspicion but even above the appearance of suspicion, of partiality and political bias,’ the letter said.
They also expressed concerns over the ‘widespread pattern of leaks’ to the press on the ongoing case.
Others have expressed doubts over the legitimacy of locking up Chen and other suspects even before they were indicted, accusing prosecutors of attempting to secure confessions.
‘Chen’s case is a serious test to Taiwan’s judicial system and I am afraid that some of the latest developments won’t help build its credibility,’ said Mr. Lin Feng-cheng, director of Taiwan’s Judicial Reform Foundation.
Mr. Lin said it was worrying to see the way that some prosecutors had mimicked Chen’s behaviour during his arrest when he defiantly put his handcuffed hands in the air.
‘This poking fun at a former leader is very improper. It shows that those who have the authority are flippant about exercising their powers.’
Chen, 58, became president in 2000 as leader of the Democratic Progressive Party (DPP), pledging to clean up the corrupt political legacy left by a half-century of governance by the Kuomintang (KMT), which had ruled the island since it fled mainland China in 1949.
Chen, who often irked Beijing with his pro-independence policies while in office, has repeatedly accused Mr. Ma’s Beijing-friendly government of leading a witch hunt. The government, which took over after his eight years in power, has flatly rejected the charge.
And not all outside observers agree that Chen is more sinned against than sinning.
‘The fact that Chen’s legal difficulties started while he was still in office underscores the independence of the judiciary,’ said Mr. Ralph Cossa, head of the Centre for Strategic and International Studies Pacific Forum in Hawaii.
‘I’m disappointed in the way the (opposition) DPP leadership has decided to play into Chen’s accusations... given the preponderance of evidence and guilty pleas from his family,’ he said.
The ex-leader’s problems first surfaced when his son-in-law was arrested in May 2006 on allegations of insider trading. Later that year his wife was charged with graft in a case that also implicated Chen.
Taiwanese prosecutors launched a probe into Chen on May 20 2008, hours after he lost his presidential immunity when his second four-year term expired.
Chen has admitted his wife wired $20 million (S$30 million) abroad from his past campaign funds. He said she did so without his knowledge and has denied accusations laundering money.
However, his son and daughter-in-law last week pleaded guilty to money laundering charges and promised to send $38 million back to Taiwan from their overseas accounts.
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