South Korea's Constitutional Court yesterday held its first public hearing on an unprecedented presidential impeachment trial, but immediately adjourned when President Roh Moo-hyun refused to testify in his own defense.
The nine-judge court convened with both prosecutors and defense lawyers, but adjourned 15 minutes later after confirming Roh's absence.
The opposition-dominated National Assembly impeached Roh on March 12 for alleged election law violations and incompetence, and his presidential powers have been suspended.
Prime Minister Goh Kun assumed Roh's duties until the court rules -- within the next six months -- whether to unseat him, or to throw out the parliamentary impeachment and restore Roh's powers.
The court will call a new session on Friday, said justice Yun Young-chul.
Kim Ki-choon, an opposition lawmaker and chief prosecutor in the trial, appealed to the court to postpone the second hearing, citing the need for more legal preparations. He also noted that the official campaign for the April 15 parliamentary polls starts on Friday.
Chief justice Yun ignored the appeal, and urged both prosecutors and defense lawyers to cooperate to make the trial "quick and precise."
Kim accused Roh of "slighting the authority of the Constitutional Court and the people" by refusing to testify and answer questions from prosecutors.
Ha Kyong-chul, chief defense lawyer for the president, said if Roh attended the hearings, they could turn into "an arena for political attack and defense."
"The hearings should be a place for legal arguments, not political arguments," Ha said, adding that the parliamentary impeachment failed to follow legal procedures.
The National Assembly passed the impeachment bill after parliamentary security dragged out pro-Roh lawmakers who were occupying the speaker's podium to block the convening of the legislature.
The Constitutional Court had earlier said its first public hearing would be held yesterday, and asked Roh to testify.
Roh said he'd refuse to attend, but regulations required the court to convene as scheduled, simply to find out if Roh would show up.
By regulations, the court will again ask Roh to attend the next public hearing. If he refuses, the court will proceed without him.
The opposition-controlled National Assembly needs at least six judges to uphold its vote to impeach Roh. The justices have six months to decide.
A key contention of the legal battle is whether the charges against Roh are sufficient to impeach him. Legal experts are divided over the impeachment's constitutionality.
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