The Taiwan High Court yesterday held a second detention hearing on arguments from prosecutors and former president Chen Shui-bian＊s (蠊漵禶) lawyers to determine whether Chen should remain in detention. The hearing was continuing at press time.
After the High Court＊s decision on Sept. 24 to keep the former president behind bars for another three months, until Dec. 23, Chen and his attorneys filed an appeal to the Supreme Court.
Presiding Judge Teng Chen-chiu (崠藙牊) explained the appeals court＊s decision to extend Chen＊s detention by saying he was suspected of committing serious crimes and, as a former president, he has more 〝channels to flee the country than an ordinary citizen.
The judges also expressed concern about the large amount of money and other assets the former first family possesses overseas.
After reviewing the High Court decision, the Supreme Court sent the case back to the appeals court for a new hearing.
The Supreme Court said the High Court＊s reasons for keeping Chen in detention did not adequately explain why this was necessary, and questioned evidence supporting the High Court＊s notion that Chen and his family hid huge amount of undisclosed cash and other assets overseas.
The Supreme Court also called into question the High Court＊s reasoning that Chen has more 〝channels to flee the country because he is a former president. The Supreme Court asked the lower court to reconsider whether it was necessary to keep Chen detained, since as a former president, he is under surveillance by eight to 12 bodyguards from the National Security Bureau.
During the second detention hearing held at the High Court yesterday, Chen said little, while his newly rehired lawyers made lengthy arguments on his behalf.
Hung Kwei-san (?窀鯬) said the district court＊s ruling on Sept. 11 had blatant structural mistakes and was not based on facts or evidence. Hung likened what he called a ※messy ruling§ to ※accounting records of a traditional grocery shop.§
Cheng Wen-lung (濷湞蛅) and Shih Yi-lin (鉥錥釸) argued that the district court should not have found Chen guilty for what his wife Wu Shu-jen (趠甃藟) was accused of doing.
Shih listed several reasons not to keep Chen detained, including the lack of evidence proving the former first family＊s offshore assets were obtained illegally. He also argued that keeping a defendant in detention because the defendant has been accused of serious crimes violates the presumption of innocence.
Cheng said that after District Court Judge Chou Chan-chun (騍嚙臝) ruled to release Chen in December last year, Chen did not escape, showing that he has no intention of fleeing if he is released.
Prosecutors argued that even though Chen has security guards to protect him 24 hours a day, the guards are not legally bound to inform judicial authorities about Chen＊s whereabouts. They also said that because Chen has been convicted of serious crimes, his incentive to flee the country has increased.
Democratic Progressive Party (DPP) Taipei branch director Huang Ching-lin (?杬釱), secretary of Chen＊s office Chiang Chih-ming (阭礞棬) and other Chen supporters sat in on the trial.
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