Despite vehement opposition from The Journalist (
After weeks of arguments, Lu's lawyers finally learned yesterday the identity of the political weekly's secret witnesses.
According to The Journalist, the witnesses were instrumental in the reporting of a November story, in which the magazine alleged that Lu was spreading rumors of an affair involving Chen Shui-bian (
In December, Lu filed libel charges against the magazine.
Although The Journalist had strongly opposed granting Lu's lawyers access to documents containing the secret witnesses' names, District Court Judge Lai Yung-hua (賴泱樺) said he was compelled to do so out of a sense of fair play.
In his three-page opinion, Lai said that if the vice-president's lawyers were deprived access to the information, they would be disadvantaged during cross-examination. To keep the playing field even, the plaintiff should be given access to any documents concerning the secret witnesses, Lai said.
During a May 22 court hearing, The Journalist renewed its request for the court to hear the secret testimony of two witnesses in the libel case. If the request was granted, only the judge would be able to pose questions to the witnesses, and their testimonies would be off-limits to lawyers for both sides. The magazine said it was necessary to keep the identities of the witnesses secret to protect them from intimidation.
In addition, the magazine asked that should Lu's lawyers be allowed to cross-examine the witnesses, they should at least be barred from knowing the witnesses' identities prior to their testimony.
But Lu's lawyers argued that they would not be able to adequately prepare for cross-examination if the request was granted.
Nevertheless, lawyers for both sides have agreed that hearings involving the magazine's two witnesses will be closed to the public and the media.
The district court has subpoenaed the two witnesses. One is said to be a reporter, while the other is from the presidential office. Procedures concerning the testimonies of the two are scheduled to be determined at a June 4 hearing.
In related news, the Council of Grand Justices threw out the magazine's request for a constitutional review of Lai's earlier decision to bar secret testimony in the case.
The Journalist had argued that the decision not to allow the secret testimony was a limitation on freedom of the press.
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