The High Court yesterday upheld a not-guilty verdict for three defendants, including former president Ma Ying-jeou (馬英九), in connection with a case involving the sale of three media companies by the Chinese Nationalist Party (KMT) that resulted in significant losses.
The case can be appealed.
Ma was indicted in 2018 and acquitted by the Taipei District Court in October 2021.
Photo: George Tsorng, Taipei Times
Prosecutors said he was involved in negotiations over the sale of China Television Co (中視), Broadcasting Corp of China (中廣) and Central Motion Picture Co (中影) at below market value between 2005 and 2007, causing losses to the KMT-controlled Central Investment Co (中央投資) of more than NT$7.2 billion (US$229 million at the current exchange rate).
Charges were brought against three defendants: Ma, former Central Investment chairman Chang Che-chen (張哲琛) and former general manager Wang Hai-ching (汪海清).
The charges included contravening the Securities and Exchange Act (證券交易法) through special breach of trust.
In the October 2021 ruling, all three defendants were acquitted.
Also indicted were former KMT legislator Alex Tsai (蔡正元), his wife, Queena Hung (洪菱霙), and her father, Hung Hsin-hsing (洪信行), on charges of embezzlement, breach of trust, money laundering, irregular stock transactions and contraventions of the Business Entity Accounting Act (商業會計法).
Tsai was sentenced to three years and six months of imprisonment for embezzlement and a further six months for contravening the Business Entity Accounting Act, commutable to a fine.
Prosecutors said that Tsai brokered the deal and exploited his position as a legislator to embezzle company proceeds, siphoning off up to NT$280.33 million through his company, Apollo Investment Co (阿波羅投資).
The High Court also upheld his verdict.
Prosecutors delivered closing arguments in their appeal to the High Court on Sept. 5 last year, and the defendants were summoned on Sept. 8 for further questioning, during which they again pleaded not guilty.
In yesterday’s ruling, the amount of criminal proceeds subject to confiscation was reduced from NT$280.32 million to NT$239.19 million, but an additional NT$41.13 million was ordered confiscated from Hung.
The High Prosecutors’ Office said it would deliberate whether to appeal again.
The case has been in litigation for seven years, with more than three years of High Court proceedings, and the six defendants have denied any wrongdoing throughout the proceedings.
Ma’s office in a statement issued yesterday said the former president is deeply relieved and grateful that justice has been upheld.
It also thanked the judiciary for its fairness and the judges for their impartial adjudication.
Ma claimed that the case was initiated by the Democratic Progressive Party in collaboration with certain media outlets and prosecutors, and that the outcome proved his innocence.
Additional reporting by CNA
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