Ma could still be charged, panel prosecutor says

A prosecutor said yesterday that president-elect Ma Ying-jeou (馬英九) could still face further corruption charges, but any investigations, indictments or criminal trials would be suspended when Ma takes office on May 20 because of presidential immunity.

The special investigation panel under the Supreme Prosecutors Office is probing several allegations of corruption made against Ma and the Chinese Nationalist Party (KMT).

The cases involve the three-in-one sale of the Broadcasting Corp of China, China Television Co and the Central Motion Picture Corp to China Times Group subsidiary Jungli Investment Co in 2005 for NT$9.3 billion (US$286.7 million), and the party's sale of the Institute of Policy Research and Development building to Yuan Lih Construction Corp for NT$4.3 billion last year.

Both deals took place when Ma was party chairman.

Meanwhile, prosecutors are also investigating Ma's usage of his special allowances during his terms as minister of justice, vice minister of the Mainland Affairs Council and other positions.

State Prosecutor-General Chen Tsung-ming (陳聰明) came in for criticism in January for allegedly ordering prosecutors not to summon Ma for questioning before the presidential election.

A prosecutor from the special investigation panel, who wished to remain anonymous, told the Taipei Times yesterday that prosecutors could continue to investigate Ma, summon him for questioning, or indict him before May 20. Thereafter, however, any investigation, indictment or trial must be suspended because Article 52 of the Constitution affords the president immunity from criminal prosecution.

Because the time constraints, the prosecutor said there was little chance a case would be brought before the Taipei District Court before Ma assumes office.

Prosecutors also awaiting the result of an appeal to the Supreme Court on the not guilty verdict in Ma's special mayoral allowance case.

The Taiwan High Court found Ma not guilty of corruption on Dec. 28 last year. Ma had been indicted in February 2006 on charges of embezzling NT$11 million from his allowance during his eight years as Taipei mayor.

Prosecutors that Ma diverted half of his monthly special allowance -- NT$170,000 -- to personal bank accounts between December 1998 and July 2006.

Prosecutors appealed the decision on Jan. 9.

If the Supreme Court upheld the Taiwan High Court's not guilty verdict, the prosecutor said the case would be closed. But if the Supreme Court decided to return the case to the Taiwan High Court before May 20, a retrial would commence -- only to cease once Ma took office.