Sat, Jun 30, 2007 page1

• `Hsichih Trio' must die: High Court

  MURDER Ma Ying-jeou, who had refused to sign the trio's execution order during his term as justice minister, yesterday said he was surprised by the ruling

  • By Rich Chang / STAFF REPORTER
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  Dramatically reversing its 2003 acquittal of three men known as the "Hsichih Trio," the Taiwan High Court yesterday sentenced them to death.

  Supporters and human-rights protesters derided the judicial system outside the court after the verdict was delivered.

  "The judicial system is guilty; the defendants are not," protesters shouted outside the court building.

  

  From left, Su Chien-ho, Liu Bing-lang and Chuang Lin-hsun, the "Hsichih Trio," standing in front of the court wearing aprons that read "not guilty."

  Su Chien-ho (蘇建和), Liu Bing-lang (劉秉郎) and Chuang Lin-hsun (莊林勳) had been convicted in 1991 of the murders of Wu Ming-han (吳銘漢) and his wife, Yeh Ying-lan (葉盈蘭), whose bodies had been found at their home in Hsichih, Taipei County, with more than 77 stab wounds.

  After remaining on death row for more than 11 years, the trio were freed in 2003 when the Taiwan High Court overturned their sentences. But later the same year the Supreme Court ruled that the High Court should re-examine the case.

  The Taiwan High Court yesterday morning handed down its verdict, reinstating the death sentences.

  

  Lawyers representing the "Hsichih Trio" sit outside the Taiwan High Court in Taipei yesterday with their robes turned inside out in protest after their clients were sentenced to death.

  "Su Chien-ho, Liu Bing-lang and Chuang Lin-hsun committed murder and robbery. The court sentences the trio to death," presiding judge Kuan Yu-ming (官有明) said in his verdict.

  Chuang had an emotional outburst in the courtroom, while Su and Liu started crying after the verdict was read.

  Su's and Liu's mothers also broke down in court.

  "I have been wronged for 16 years. I did not kill anyone. I insist on an appeal," Su told reporters outside the court.

  "The ruling is ridiculous. The judicial system is stained. Judicial reform is bullshit," defense lawyer Su You-chen (蘇友辰) said in tears.

  Su and several other defense lawyers wore their robes inside out in protest at the ruling in a brief sit-in outside the court.

  The court yesterday did not order the trio detained.

  "It is usual practice for courts to detain defendants when they have been given severe sentences such as the death penalty or life imprisonment," said Taiwan High Court Prosecutor Chen Yu-chen (陳玉珍), who was in charge of the prosecution.

  Taiwan High Court spokesman Wen Yao-yuan (溫耀源) told a press conference: "The court found the testimony of Wang Wen-hsiao (王文孝) to be valid. The testimony indicated that the four committed the crime together."

  Wang, a marine at the time of the murders and whose fingerprints were found at the scene of the crime, was executed on Jan. 11, 1992, under Military Law (軍法) after confessing and pleading guilty to the murders. Wang had told investigators his three friends Su, Liu and Chuang had also been involved in the murder.

  Wen said yesterday the court had accepted a domestic forensic report that found that marks on the two victims' skulls had been inflicted by three different knives, and that more than one person had been involved.

  The court dismissed the opinions of US forensic expert Henry Lee (李昌鈺), who last month testified in favor of the three defendants to the High Court.

  "It is possible that the murder was committed by a single person," Lee told the court.

  Chinese Nationalist Party (KMT) presidential candidate Ma Ying-jeou (馬英九) yesterday expressed surprise at the ruling.

  Ma, a former justice minister, refused to sign the trio's execution order during his term and sent the case back to the Supreme Court in hope of a retrial.

  Ma said he had refused to sign the order owing to a lack of evidence, and never regretted his decision.

  After learning of the verdict, two Democratic Progressive Party (DPP) legislators threw their support behind the trio.

  amnesty?

  DPP Legislator Gao Jyh-peng (高志鵬) urged the president to consider an amnesty.

  Calling the procedure used by prosecutors to collect evidence in the case "flawed," Gao said that if the president granted the trio clemency, prosecutors would pay more attention to procedural justice in the future.

  "The law punishes someone to prevent them from committing another offense. I think this purpose has been served," DPP caucus whip Wang Tuoh (王拓) said.

  Wang said he supported the idea of granting a pardon, adding that he may suggest it to other caucus members.

  DPP Legislator Tsai Chi-fang (蔡啟芳), however, was not in favor of a pardon.

  Although the trio deserve sympathy, the president should not grant amnesty lightly, he said.

  divided

  Pan-blue lawmakers were divided over a suggestion by Gao that the president should grant a special pardon to Su Chien-ho.

  KMT Legislator Joanna Lei (雷倩) said she was surprised at the verdict and felt very sad about the state of the judiciary.

  "As far as I understand it, both the direct evidence and the circumstantial evidence were too weak to prove Su Chien-ho's guilt," Lei said.

  "On the principle of presumption of innocence, anyone should be pronounced innocent under such circumstances," Lei added.

  Lei said she was in favor of Gao's suggestion, while People First Party Legislator Lee Hung-chun (李鴻鈞) remained cautious.

  Lee said that not every controversial case could be resolved by an amnesty, adding that those who made such a suggestion should explain their rationale.

  Additional reporting by Flora Wang, Shih Hsiu-chuan and Mo Yan-chih
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