Sat, Dec 16, 2006 page3

• First lady's lawyers argue case's legality

  `THROW THE CASE OUT' One of Wu Shu-jen's lawyers asked that the case be dismissed on the grounds that questioning the president had violated the nation's Constitution

  • By Rich Chang / STAFF REPORTER
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  A fierce debate between the lawyers of first lady Wu Shu-jen (吳淑珍) and prosecutors about whether the investigation into President Chen Shui-bian (陳水扁) and the indictment of Wu on corruption charges was constitutional marked the opening of Wu's high-profile trial yesterday.

  Wu, the first president's wife ever to be prosecuted in the nation's history, arrived at the Taipei District Court yesterday morning, looking pale and feeble.

  She was indicted by prosecutors on Nov. 3 on charges of corruption and forgery in connection with the handling of the president's "state affairs fund." She stands accused of illegally claiming NT$14.8 million (US$449,600) in personal expenses from the fund.

  President Chen is also suspected of graft and forgery, prosecutors said, but could not be charged because of presidential immunity.

  Along with Wu, three top aides were also indicted, including former Presidential Office deputy general-secretary Ma Yung-cheng (馬永成), director of the Presidential Office secretariat Lin Te-hsun (林德訓) and Presidential Office treasurer Chen Cheng-hui (陳鎮慧).

  When asked by the presiding judges, all four pleaded not guilty.

  During the trial yesterday, lawyers for the four defendants asked the presiding judges to suspend the trial until President Chen leaves office on May 2008.

  Citing Article 52 of the Constitution, William Ku (顧立雄), one of Wu's lawyers, said the article provides that "the president shall not, without having been recalled, or having been relieved of his functions, be liable to criminal prosecution unless he is charged with having committed an act of rebellion or treason."

  "Therefore, Prosecutor Eric Chen's (陳瑞仁) questioning of the president on two occasions and his seizure of a number of documents from the Presidential Office constitute a violation of the Constitution," Ku said.

  He added that since the investigator used unconstitutional testimony as the basis for bringing the indictment, the illegal indictment should be publicly evaluated.

  Ku suggested two legal approaches to the preceding judges.

  He said the court should refuse to accept the case based on Item 1 of the Criminal Procedure Code's (刑事訴訟法) Article 303, which stipulates that a case can be rejected if it has been initiated in contravention of the rules of procedure.

  Otherwies the court should file a petition with the Council of Grand Justices to see whether the investigation and indictment involving president Chen were unconditional, said Ku, adding that if the justices approved the petition, the trials would be suspended until the council issued its interpretation.

  However, the prosecution challenged Ku's statement.

  "President Chen told the public that he would step down if his wife was found guilty. But now Wu and the other defendants want the trial suspended, we therefore wonder if the defendants intended to postpone the trial?" Prosecutor Lin Ta (林達) told the hearing.

  Prosecutor Chang Yu-ning (張友寧) said the president had agreed to waive his immunity on both occasions that he spoke to prosecutors.

  Noting that the president had in 2004 agreed to be questioned by Hualien prosecutor Lee Tzu-chun (李子春) as a witness in relation to a campaign pledge made by a Democratic Progressive Party (DPP) candidate during the Hualien by-election, Chang questioned why the president suddenly wanted to change his position now. The precedents showed that the president was willing to receive interviews from prosecutors, he added.

  Chang said the president was not a defendant in the case, and the indictment did not identify any crimes he may have been involved in. Instead prosecutors indicted his wife and his three aides.

  "They are suspected of committing the crimes," Chang said.

  "If any criminal investigation involving the president could not be prosecuted, then, for instance, investigators would be unable to probe a drug user because he states the drugs were obtained from the president. Then the country could cancel its prosecution system," he argued.

  Ku said it was unfair to the defendants because the president, who enjoys presidential immunity, was not allowed to serve as a witness in the trial, which would impact on the procedure of the trial and the rights of defendants.

  Yesterday's proceeding's ended after presiding judge Tsai Shou-hsun (蔡守訓) said he would announce on Dec. 22 -- the proposed second hearing -- whether to continue or suspend the trial.
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