Mainland Affairs Council Vice- Chairman You Ying-lung (
"The prosecutor illegally indicted me. Despite being a prosecutor, he intentionally violated the law," Lee said as he brought the lawsuit to the Hualien Prosecutors' Office yesterday morning.
"A bad prosecutor such as Lee has violated litigants' rights and [my] reputation. In order to protect the country's legal system, we should not tolerate this," You said.
Lee indicted You, without first gaining his superiors' approval, on charges of violating the Public Officials Election and Recall Law (公職人員選罷法) last December.
The indictment said that You's campaign promise to give a monthly allowance to the county's Aboriginal chiefs to help them with community affairs amounted to vote-buying.
The Ministry of Justice and the Supreme Prosecutors Office both declared the indictment illegal, but the Hualien court has proceeded anyway.
"My promise to give a monthly NT$5,000 service allowance to the county's Aboriginal chiefs during the Hualien County commissioner campaign was obvious a policy, not a bribery, but Lee purposely and illegally indicted me," You told reporters.
"I offered some evidence and asked prosecutor Lee to look into it, but Lee purposely dismissed my request," You added.
You pointed out that People First Party (PFP) Chairman James Soong (
Lee should have been aware of such legal precedents for dealing with elections, he said.
"Any campaign messages in a democracy should be seen as policies, not bribery," You said.
You said political motives were involved in Lee's indictment.
"Lee misunderstands his role as a prosecutor. A prosecutor should be objective," he said.
You, then the Democratic Progressive Party's (DPP) candidate for Hualien County commissioner, made his campaign promise to the county's Aboriginal chiefs on July 27, 2003.
The statement was reported to the Hualien Prosecutors' Office by an anonymous person who claimed that You's promise constituted bribery, prompting prosecutors to open an investigation.
Although higher authorities consider the indictment illegal, the Hualien court views it as legal and has proceeded with the suit.
The court insists that according to the Code of Criminal Procedure (
Other prosecutors and lawyers have said that the indictment may be legal, but that Lee's decision to challenge his superiors' authority was inappropriate.
During Lee's investigation, he summoned local Aboriginal chiefs, vote-captains and DPP heavyweights including President Chen Shui-bian (