The Tainan District Court yesterday rejected criticism that it was too lenient in its sentencing of five people convicted over the collapse of a Tainan housing complex in an earthquake on Feb. 6 that killed 115 people and injured more than 100.
Five people involved in the construction of the complex were found guilty of “professional negligence resulting in death” and on Friday were sentenced to five years in prison, although the verdict can be appealed. Each person was also fined NT$90,000.
Tainan Mayor William Lai (賴清德) in a TV interview on Saturday said that although the five were found guilty, there was a big gap between the sentences and public expectations.
The district court must explain why it handed down these sentences and justify the amount of the fines, Lai said, adding that otherwise public faith in the justice system would be further eroded.
Kuo Chen-hsiu (郭貞秀), the court’s administrative chief, yesterday said Lai’s criticism was irrational and displayed no awareness of the rule of law, adding that the court found it “regrettable.”
As a mayor and four-term legislator, Lai should have a clear understanding of laws related to professional negligence resulting in death, Kuo said.
“If he thinks the punishment for such an offense is too lenient there are plenty of opportunities to propose amendments,” Kuo said.
Kuo said the Tainan Prosecutors’ Office indicted the defendants, including Lin Ming-hui (林明輝), owner of Weiguan Corp, which built the Weiguan Jinlong housing complex in 1993, on the charge of professional negligence resulting in death.
Kuo said the court could only act within the bounds of the law, which stipulates that the maximum punishment for the offense is a five-year prison term and a fine of NT$90,000.
In view of the suffering of the complex’s residents caused by their building’s collapse, even imposing the maximum punishment was inadequate, Kuo said.
However, she said the remedy would be for the public to urge the legislature to revise related laws and increase the sentence for the crime, as it is not within the scope of the court’s authority to increase the sentence.
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