Former Taipei mayor Ma Ying-jeou (
Ma was indicted on Feb. 13 for allegedly embezzling NT$11 million (US$333,000) from his special mayoral allowance during his eight years in office.
Prosecutors said that between December 1998 and July last year, Ma wired half of his monthly special allowance -- NT$170,000 -- directly into a personal account. In this way, they said Ma had accumulated NT$11,176,227 in accounts belonging to himself and his wife.
Taipei District Prosecutors' Office spokesman Lin Jinn-tsun (
During the trial Ma admitted he had taken half of his monthly special allowance for personal use, but said he believed that government officials' special allowances should be treated as income, not as public funds.
"The court decided government officials' special allowances should be treated as a substantial subsidy -- as income -- and so Ma did not embezzle any public funds," Taipei District Court spokesman Liu Shou-sung (
Liu said the court upheld the view that government officials have, since 1973, not been required to account for half of their special allowance.
The court accepted that it was a matter of convention that officials enjoyed considerable flexibility in dealing with their special allowance funds, Liu said.
"The court is of the opinion that Ma had no intention to embezzle any public funds, nor did he attempt to mislead his [Taipei City Government] accountants and auditing staff," Liu said.
Presiding Judge Tsai Shou-hsun (蔡守訓) announced the verdict at 10am: "Ma Ying-jeou is not guilty," leading to cheers from Ma's supporters waiting outside the courtroom.
Prosecutor Hou Kuan-jen (侯寬仁) had said in his indictment that the former mayor had admitted in his first interview that the special allowance fund should be used for public expenses. However, yesterday's ruling made no mention of such a confession.
Liu said the court believed Ma had answered a "leading" question from the prosecutor, and that Hou turned his answer into a confession.
The verdict stated that the transcript of Hou's questioning of Taipei City treasurer Wu Li-ju (吳麗洳) was "not credible." The court ruled there were serious discrepancies between an audio recording of the testimony and the transcript.
Furthermore, the court said Hou had asked hypothetical questions and the testimony did not have the authority of evidence. Although Hou recorded answers of "yes" and "uh" to his questions as affirmative responses, this was not necessarily the case, the court said.
The judges said Hou had taken statements out of context, and that they had never before seen such discrepancies in evidence.
Another defendant, Ma's former secretary Yu Wen (
Chinese Nationalist Party (KMT) legislators Justin Chou (
Legislative Speaker Wang Jin-pyng (
"It's good that the court made the ruling on the grounds that the special allowance fund controversy is a result of everyone's mistakes, so that it would be unfair and unreasonable for the burden to be shouldered by a single person," Wang said.
KMT legislative whip Hsu Shao-ping (徐少萍) called on prosecutors to abandon thoughts of an appeal to conserve judicial resources.
KMT Legislator Wu Yu-sheng (
"I believe the ruling will come as a great relief to government officials nationwide," he said.
Given that the court had decided special allowances should be treated as a "substantial subsidy," there was no need for prosecutors to appeal, People First Party Legislator Lee Fu-tien (
Lee said that the ruling should be used as a precedent for other special allowance cases involving officials.
However, he said it should not apply to President Chen Shui-bian's (
"Despite similarities between special allowances and the presidential `state affairs fund,' Chen was also charged with using fake receipts to seek reimbursement from the fund," Lee said.
Meanwhile, the president declined to comment on Ma's acquittal, saying the case was not over yet.
"What matters now is to present the [Democratic Progressive Party, DPP] pairing with the best chance of winning the presidential election," he said. "What we should be worried about is the party's internal problems, not outside factors."
The DPP must unite, Chen said, rather than focus on how to benefit from others' mistakes.
Vice President Annette Lu (
Lu declined to comment on whether the ruling of the district court would affect next March's presidential election, saying that reporters should ask Ma's rival, Frank Hsieh (謝長廷), for his opinion.
Wellington Koo (顧立雄), a member of first lady Wu Shu-jen's (吳淑珍) legal team, said that he would have to read the verdict before commenting on whether it would apply to Wu's case.
Wu and three former Presidential Office aides were indicted on charges of corruption for allegedly embezzling NT$14.8 million from Chen's "state affairs fund."
Upset by the verdict in Ma's case, the DPP yesterday urged prosecutors to appeal and go ahead with a second trial as soon as possible.
"We can't understand how the Taipei District Court could pronounce Ma not guilty even though the proof of his crime was beyond doubt," DPP Chairman Yu Shyi-kun told a press conference.
Yu said Ma had a clear motive and also clearly violated the law by wiring half of his mayoral special allowance into his personal accounts and spending the money on personal expenses.
"Justice was not served. This shows that we still have a long way to go to redress the many injustices of the past," he said.
DPP Secretary-General Lin Chia-lung (
He was referring to the case of independent Legislator Yen Chin-piao (
Elsewhere, DPP caucus whip Wang Sing-nan (
"US president [Richard] Nixon stepped down because he told lies in the Watergate scandal [in 1972] ... We want to tell Mr Ma that he is not qualified to be a presidential candidate because he also told lies [in his special allowance case]," Wang said.
When approached for comment, Taiwan Solidarity Union spokeswoman Chou Mei-li (周美里) said the party respected the court, but added that the verdict would only have a temporary influence on next year's presidential poll because voters would be more concerned about candidates' policies regarding the nation's future.
ROLLER-COASTER RIDE: More than five earthquakes ranging from magnitude 4.4 to 5.5 on the Richter scale shook eastern Taiwan in rapid succession yesterday afternoon Back-to-back weather fronts are forecast to hit Taiwan this week, resulting in rain across the nation in the coming days, the Central Weather Administration said yesterday, as it also warned residents in mountainous regions to be wary of landslides and rockfalls. As the first front approached, sporadic rainfall began in central and northern parts of Taiwan yesterday, the agency said, adding that rain is forecast to intensify in those regions today, while brief showers would also affect other parts of the nation. A second weather system is forecast to arrive on Thursday, bringing additional rain to the whole nation until Sunday, it
CONDITIONAL: The PRC imposes secret requirements that the funding it provides cannot be spent in states with diplomatic relations with Taiwan, Emma Reilly said China has been bribing UN officials to obtain “special benefits” and to block funding from countries that have diplomatic ties with Taiwan, a former UN employee told the British House of Commons on Tuesday. At a House of Commons Foreign Affairs Committee hearing into “international relations within the multilateral system,” former Office of the UN High Commissioner for Human Rights (OHCHR) employee Emma Reilly said in a written statement that “Beijing paid bribes to the two successive Presidents of the [UN] General Assembly” during the two-year negotiation of the Sustainable Development Goals. Another way China exercises influence within the UN Secretariat is
CHINA REACTS: The patrol and reconnaissance plane ‘transited the Taiwan Strait in international airspace,’ the 7th Fleet said, while Taipei said it saw nothing unusual The US 7th Fleet yesterday said that a US Navy P-8A Poseidon flew through the Taiwan Strait, a day after US and Chinese defense heads held their first talks since November 2022 in an effort to reduce regional tensions. The patrol and reconnaissance plane “transited the Taiwan Strait in international airspace,” the 7th Fleet said in a news release. “By operating within the Taiwan Strait in accordance with international law, the United States upholds the navigational rights and freedoms of all nations.” In a separate statement, the Ministry of National Defense said that it monitored nearby waters and airspace as the aircraft
Taiwan’s first drag queen to compete on the internationally acclaimed RuPaul’s Drag Race, Nymphia Wind (妮妃雅), was on Friday crowned the “Next Drag Superstar.” Dressed in a sparkling banana dress, Nymphia Wind swept onto the stage for the final, and stole the show. “Taiwan this is for you,” she said right after show host RuPaul announced her as the winner. “To those who feel like they don’t belong, just remember to live fearlessly and to live their truth,” she said on stage. One of the frontrunners for the past 15 episodes, the 28-year-old breezed through to the final after weeks of showcasing her unique