South Korea's Constitutional Court held its first full public hearing on the country's unprecedented presidential impeachment yesterday, even though suspended President Roh Moo-hyun failed to attend.
An earlier public hearing Tuesday was adjourned after just 15 minutes because Roh also did not appear. But yesterday's session went forward without Roh, as is allowed under South Korean law.
Speaking to a panel of nine judges dressed in crimson robes, prosecutors launched a scathing attack on the president, trying to justify the opposition-dominated National Assembly's March 12 impeachment of Roh for alleged election law violations and incompetence.
"The National Assembly had to impeach President Roh to protect the constitution from Roh's arbitrary behavior," prosecutor Chung Ki-seung said.
Roh's defense team argued that the impeachment was pushed for "wrongful purposes" and in an unconstitutional manner. The legislature passed the impeachment bill after parliamentary security guards dragged out screaming and kicking pro-Roh lawmakers who had occupied the speaker's podium.
"The impeachment procedure didn't abide by National Assembly and constitutional procedural laws, therefore this is invalid," chief defense counsel Ha Kyong-chul said as he entered the court.
Fellow defense attorney Lee Yong-hoon cited widely reported newspaper surveys that seven out of 10 South Koreans believed the impeachment was wrong.
The Constitutional Court has six months to rule on whether to uphold the vote and permanently unseat Roh, or reject it and restore his powers. Prime Minister Goh Kun has assumed Roh's duties in the meantime.
The impeached president plans to stay away because the hearings would otherwise be turned into an "arena for political attack," defense lawyers said.
Outside the courthouse were a handful of demonstrators -- some supporting Roh, others calling for the court to back his impeachment. One sign read: "Down with Roh Moo-hyun, who's caused chaos in state affairs."
One woman, yelling "Please help Roh Moo-hyun!," was dragged out of the courtroom.
During yesterday's hearing, the opposing sides were also expected to clash over whether the Constitutional Court should call in witnesses.
Prosecutors representing the National Assembly say they want to call in a score of witnesses, including election officials and aides to Roh who were embroiled in corruption scandals.
The defense lawyers argue that no additional testimony should be allowed. They want the court to review only the evidence the National Assembly originally cited for its impeachment and decide whether it was constitutional.
Kim Ki-choon, an opposition lawmaker and chief prosecutor in the trial, had appealed to the court to postpone the hearing, citing the need for more legal preparations. He also noted that the official campaign for April 15 parliamentary polls started yesterday.
Kim also accused Roh of "slighting the authority of the Constitutional Court and the people" by refusing to testify and speak with prosecutors.
Chief Justice Yun Young-chul rejected the appeal, and urged both prosecutors and defense lawyers to cooperate to make the trial "quick and precise."
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