Former Democratic Progressive Party (DPP) lawmaker Gao Jyh-peng (高志鵬) yesterday said he would be filing for a constitutional interpretation regarding the Supreme Court’s decision on Wednesday to uphold a 2016 Taiwan High Court ruling that found him guilty of corruption.
Gao was sentenced to four years and six months in prison, while his assistant, Yao Sheng-chih (姚昇志), was sentenced to one year and four months in prison, the court.
Both would have certain citizen’s rights revoked until the conclusion of their sentence, it added.
Photo: Peter Lo, Taipei Times
The case dates back to 2006 when Gao and Yao were approached by real-estate agents and asked to influence the National Property Administration, because they wanted to lease a plot of land in Taichung, the court said, adding Gao and Yao were promised NT$2 million (US$65.077 at the current exchange rate) in exchange for the favor.
However, Gao said that he intendes to file an extraordinary appeal for a re-trial, adding that it was ridiculous that Yao, who had taken NT$1.5 million of the funds, should serve a lesser sentence just because he had turned “tainted witness” and blamed Gao.
The defendants should be told what crimes they were being convicted of, and under what principle, at every trial, but the Supreme Court simply cited “past rulings” at the verdict reading on Wednesday, he said.
The verdict did not observe the principle of equality and he had grounds to apply for a constitutional interpretation, Gao said, adding that he would ask the Council of Grand Justices to discuss how or when judges should recuse themselves from cases.
Gao was referring to his past criticism of judge Shao Yen-ing (邵燕玲), which he said could be the reason Shao ruled against him.
DPP legislators had held a press conference revealing that the ruling judge on the case, Shao, was the same person who had previously been criticized by Gao as being unfit to serve on the Council of Grand Justices when she was nominated in 2011 by then-pesident Ma Ying-jeou (馬英九).
Shao subsequently withdrew her name from consideration.
Gao yesterday said he felt that the current system where judges can opt to recuse themselves is too vague, and that amendments could be made to help clarify when judges should recuse themselves and maintain the neutrality of the law.
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