The Supreme Court yesterday ordered a retrial of a case in which former president Ma Ying-jeou (馬英九) was found guilty of leaking classified information obtained from Special Investigation Division wiretaps of two top lawmakers.
The court said it found flaws in the High Court’s ruling, which made an ambiguous interpretation of the law regarding the official responsibility and executive powers wielded by Ma, who was president at the time, and the other politicians involved in the case.
There were also some aspects of the testimony and evidence that had been left unsettled, so it was uncertain whether Ma was guilty beyond a reasonable doubt, the Supreme Court said.
The High Court in May last year found that Ma had contravened the Communication Security and Surveillance Act (通訊保障及監察法) and the Personal Information Protection Act (個人資料保護法), and was guilty of leaking confidential information under the Criminal Code.
Ma was handed a four-month jail sentence, commutable to a fine of NT$120,000, but he launched an appeal.
“I have confidence that the court will exonerate me, thereby clearing my name... I have a good expectation that the court [will handle the case] with fairness and justice,” Ma said, upon hearing the decision.
Ma’s office in a statement said: “The former president is not just fighting for his acquittal and personal integrity, he also aims to clarify the president of the Republic of China’s jurisdiction ... which should not have been limited” by an unreasonable interpretation of the law.
Investigators had found that Ma on Aug. 31, 2013, instructed then-prosecutor-general Huang Shih-ming (黃世銘) to hold a meeting regarding transcripts from telephone wiretaps, which were obtained during a judicial investigation into alleged improper lobbying involving Democratic Progressive Party caucus whip Ker Chien-ming (柯建銘) and then-legislative speaker Wang Jin-pyng (王金平) of the Chinese Nationalist Party (KMT).
The probe found that Ma then shared classified information from the transcripts of a conversation between Ker, Wang and others with then-premier Jiang Yi-huah (江宜樺) and then-Presidential Office deputy secretary-general Lo Chih-chiang (羅智強).
During the trial, Ma claimed he had “special presidential executive powers,” which he said granted him the right to inquire about ongoing criminal investigations to prepare for potential crises that could destabilize the government.
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