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High Court prepared for Chen's appeal: sources

The Taiwan High Court has selected eight senior chief judges in preparation for an imminent appeal by President Chen Shui-bian (陳水扁) to reclaim evidence held by a lower court in probes of his "state affairs fund" case, court sources said yesterday.

According to the Council of Grand Justices (CGJ) Ruling No. 627, issued on June 15, the High Court must form a special tribunal to deal with a dispute between the president and the prosecution and district courts over the exercise of the head of state's "state secrets privilege."

The ruling stipulates that such a tribunal should be led by a senior chief judge and include another four judges.

Eight of the 16 chief judges at the High Court meet the seniority requirement to head the special tribunal, as each has been on the bench for more than 10 years, the sources said.

The sources said the High Court would unveil a roster with the names of eight five-member tribunals today.

After the High Court receives Chen's appeal, it will determine which tribunal handles the case through a draw.

Chen is expected to appeal the Taipei District Court's ruling on Friday that rejected his request for the return of documents and articles held by the court as evidence in the probes into allegations of corruption involving the first family.

According to Ruling No. 627, Chen can appeal the District Court ruling to the High Court within five days.

The District Court obtained the documents from a prosecutorial team that indicted first lady Wu Shu-jen (吳淑珍) and three former and incumbent presidential aides last November on charges of corruption and forgery for allegedly embezzling NT$14.8 million (US$450,000) from the "state affairs fund," a special allowance fund set aside for the president's discretionary use in public affairs.

The collection consists of invoices, vouchers, magnetic records, written testimony by concerned individuals and data related to six secret diplomatic projects from 2002 to last December.

Chen asked for the return of the documents on Sept. 6 on the grounds that they contained "strictly confidential" information under the protection of the State Secrets Act (國家機密保護法).

Chen said in his petition that the collection had been labeled "strictly confidential" in line with Ruling No. 627, which confirms the president's constitutional right to decide what constitutes a state secret and his right to refuse disclosure.

However, the District Court ruled that Chen's declaration of the documents as top secret was illegal, saying that although the June 15 constitutional interpretation states that the president has the right to keep classified information secret, that right should be exercised in line with the constitutional principle of balance of powers.

In a news release late on Friday, the Presidential Office said the District Court had no power to deny the president's right ask for the return of the documents as "strictly confidential," since the grand justices had already confirmed the president's "state secrets privilege."

Even if the exercise of that privilege were subject to judicial scrutiny, the release said it should be conducted by a more suitable judicial organ than the District Court, adding that the District Court had made biased allegations in its ruling about the pending state affairs fund case.

The Presidential Office also accused the District Court of making presuming guilt by saying that the president was trying to cover up a trail of corruption. Such a judgment is a violation of the Criminal Procedure Law, which stipulates that all defendants are considered innocent until proven guilty, it said.
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