A lawyer has pressed charges against President Ma Ying-jeou (馬英九) over his alleged involvement in the classified information leak in 2013 that led to former prosecutor-general Huang Shih-ming’s (黃世銘) conviction last month, and is petitioning the Taipei District Prosecutors’ Office to impose a travel restriction on Ma to prevent him absconding.
Lawyer Huang Di-ying (黃帝穎) said that Ma’s complicity in the case is evident from the Taiwan High Court’s final ruling against Huang Shih-ming, who was sentenced to 15 months in prison, which can be commuted to a fine, for leaking classified information related to prosecutors’ investigations of allegations that Legislative Speaker Wang Jin-pyng (王金平) exerted undue influence by pressing prosecutors not to pursue a case.
He said that, as described in the verdict, Ma leaked the information disclosed by Huang Shih-ming to then-premier Jiang Yi-huah (江宜樺) and then-Presidential Office deputy secretary-general Lo Chih-chiang (羅智強) on Aug. 31, 2013, which constituted a leak of classified information.
Photo: Chen Wei-tzu, Taipei Times
Huang Di-ying added that, as also described in the verdict, Ma later ordered Huang Shih-ming to disclose information to Jiang on Sept. 4, 2013, and asked him to continue disclosing details of the investigation on Sept. 7, which constituted two offenses.
The court should separately convict and decide sentencing for each of the three offenses Ma allegedly committed, Huang Di-ying said.
He said that Ma could face a prison term of up to 13-and-a-half years, as the Criminal Code stipulates that in cases in which the offender is a public servant, the prescribed penalty should be increased by half.
Ma’s alleged involvement in the leak exhibited blatant disregard for the law and democracy, especially considering he had previously served as minister of justice, he said.
He requested the travel restrictions because a criminal prosecution of Ma could be compromised should he go abroad with his daughters — who both hold US passports.
Legally, prosecutors cannot summon Ma as a defendant or impose travel restrictions on him until he leaves office, but he could be summoned as a witness, Huang Di-ying said.
Huang Di-ying said he was able to file the suit because the verdict against Huang Shih-ming describes Ma’s alleged criminal activities in detail, and he and other lawyers could collect evidence against Ma based on the descriptions in the verdict.
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