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Supreme Court rejects Chiu Yi's appeal

Chinese Nationalist Party Legislator Chiu Yi leads a group of pan-blue supporters in an attack on the Kaohsiung District Court on March 21, 2004, following the 2004 presidential elections. Eight policemen were injured during the scuffle and Chiu was later sentenced to 14 months in jail. TAIPEI TIMES FILE PHOTO: CHANG CHUNG-YI

The Supreme Court yesterday turned down Chinese Nationalist Party (KMT) Legislator Chiu Yi's (邱毅) appeal to repeal his public disturbance case.

Kaohsiung prosecutors indicted Chiu and originally sought a 30-month jail sentence on charges of public disturbance for leading a group of people and hopping on a pickup truck on March 19, 2004, then attempting to ram it into the Kaohsiung District Court.

The Kaohsiung District Court on Feb. 24 last year sentenced him to 18 months in jail.

After Chiu appealed, the Taiwan High Court's Kaohsiung Branch overrode the district court's verdict and on Aug. 18 last year sentenced him to 14 months in jail.

Chiu once again appealed, this time to the Supreme Court, but his appeal was turned down yesterday.

Supreme Court spokesman Chi Chi-ming (池啟明) did not elaborate on whether Chiu would immediately have his lawmaker status revoked.

Chiu told a press conference yesterday afternoon that he accepted the verdict, but added that the ruling could have been for political reasons.

"The Democratic Progressive Party [DPP] government wanted to block me from running for the legislature and exposing its abuses, as this would harm its performance in the legislative election and next year's presidential election," Chiu said.

"I never regretted launching the attack against the Kaohsiung District Prosecutors' Office that night," Chiu said.

"The incident may have altered the result of the election. In order to urge prosecutors to seal the ballots boxes, I had no choice but to do it," he said.

Chiu didn't say whether he would go to jail voluntarily, adding that he didn't know because he had yet to receive the verdict in writing.

In accordance with Article 4 of the Additional Articles of the Constitution, no member of the legislature may be arrested or detained without the permission of the legislature while it is in session.

The only exception to this rule involves instances of flagrante delicto.

"We told Chiu not to hide under a protective umbrella. He should have the courage to face the judiciary and go to jail voluntarily," DPP Legislator Wang Shu-hui (王淑惠) said.

DPP Legislator You Ching (尤清) called on Legislative Speaker Wang Jin-pyng (王金平) not to try to protect Chiu and to sign the approval as soon as possible.

"To Keep Chiu from leaving the country in secret, prosecutors should issue, as soon as possible, an order forbidding Chiu from leaving," You said.

Approached to comment on the matter later yesterday, Wang said he personally will not stand in the way if Chiu is arrested.

"According to the Constitution, as it was a final verdict, I don't have to sign documents permitting his arrest. The judicial officials need only inform me about it," he said.
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