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taiwan's high court is expected to rule today on whether to detain ko wen-je or not, with people on the island speculating on the outcome

2024-09-04

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ko wen-je, chairman of the people's party, was involved in the taipei jinghuacheng scandal. he was previously detained and denied access to visitors by the taipei district prosecutors' office (hereinafter referred to as the taipei prosecutors' office) for "bribery in violation of official duties" and "seeking profit". after the trial, the taipei district court (hereinafter referred to as the taipei court) believed that ko's criminal suspicion was not serious, and ruled to release him without bail in the early morning of the 2nd. the taipei prosecutors' office believed that the taipei court's consideration of the reasons for the detention of ko wen-je and the co-defendant peng zhensheng was obviously "double-standard", and the logic was contradictory, violating the rules of reasoning and experience. on the grounds that the original ruling was improper, it submitted a petition to the taipei court at 5 pm yesterday (3rd) and filed an appeal with the taiwan "high court" (hereinafter referred to as the taiwan "high court"), requesting the revocation of the original ruling in the ko wen-je case and sending it back to the taipei court for retrial. lawyer zhang yaoyu, who once served as a judge of the taipei court, believes that after the taipei prosecutors' office filed an appeal, the case will be sent to the taiwan high court for a ruling. if it is rejected, ko will be released without bail; if it is sent back, the original ruling will be revoked and sent back to the taipei court for retrial. he also predicted that the result of taiwan’s “high court” might be to send the case back.

yesterday evening, the taipei district court sent the taipei district prosecutors office and peng zhensheng's anti-appeal and detention files to the taiwan "high court". the taiwan "high court" formed a panel last night. if it follows the model of the former taoyuan mayor zheng wencan case, it will be heard quickly and a ruling will be made today (4th). when ko wen-je was driving home last night, he was asked on the spot, "did you go to see your father just now?" ko wen-je replied "yeah", and then was asked, "what did you talk about with your lawyer in the office this afternoon?" ko wen-je said while opening the door, "let's talk about this tomorrow." then he was asked again, "are you worried about having to go to the detention court again?" ko wen-je was silent for about 3 seconds after closing the community door, turned around and replied, "let's talk about it later", and then entered the community.

lawyer zhang yaoyu said yesterday that prosecutors do not necessarily need new evidence to appeal, because this is their way of expressing their dissatisfaction with the judge's ruling. if the appeal is rejected by the taiwan "high court", everything will be a foregone conclusion, so they must "kill with one blow." the reason why the northern district prosecutors office did not immediately appeal on the day the results of the northern district court were released was that they wanted to use other investigative actions to fill in the evidence that the judge determined that "ko wen-je was not aware of the case." "after being slapped in the face, they will definitely save their face."

"internet celebrity" liu jieke asked, after the taipei prosecutors filed an appeal, the case will go to the taiwan "high court", what is the next process? zhang yaoyu pointed out that the taiwan "high court" does not need to hold a court session when making a ruling, but adopts a written trial, and in principle the result will be released within 1 day after the submission. if the appeal is rejected, ko wen-je will be sent back without bail; if it is sent back, it means that the original ruling will be revoked and sent back to the taipei prosecutors for further ruling.

liu jieke asked again, how will the taiwan "high court" rule? zhang yaoyu boldly predicted that it will definitely be sent back, but not because of the case itself, but because of "human nature". he pointed out that the rejection is a final result, and the remand is the reopening of the detention court by the taipei court. if ko was detained by the taipei court, there would be no taiwan "high court" incident. if it is rejected, the outside world will point the finger at the taiwan "high court", and this case is controversial, so it is very likely that the taiwan "high court" judge will send it back.

veteran taiwanese media personality shan houzhi believes that even if the prosecutors and investigators file an appeal, it is unlikely that ko will be detained. because ko was released without bail, it is clear that the judge did not accept the prosecutors' evidence and opinions. in addition, if ko is detained in the end, the huge gap between the two will also be questioned as political forces interfering with the judiciary, and the judge's impartiality will be questioned.

however, shan houzhi stressed that even if ko wen-je was not detained, it does not mean he is innocent. because hsinchu mayor gao hongan, who had been suspended, was not detained either, but was found guilty in the first trial, ko wen-je will still have to face long-term "legal" proceedings in the future.

shan houzhi also mentioned that when the "little grass" (young supporters of the people's party) are lost, the blue camp will have an advantage in the blue-white cooperation. ko wen-je's threat power is not so high, and the follow-up depends on whether the kuomintang can fight for it. however, he emphasized that the hatred between the green and white camps has now risen, and there is no room for cooperation between the two sides. ko wen-je will continue to scold the dpp and use political power to fight against the judiciary.

another senior media person, huang yangming, recently believed that in the past, when prosecutors' offices in various places, including the northern district prosecutors' office, handled anti-corruption cases, the chance of being released without bail at the remand stage was extremely low. he also revealed that many friends in the legal community said they had never seen such a thing and that the northern district prosecutors' office would "give a spanking" when they returned.

huang yangming believes that this move shows that the evidence of the taipei prosecutors is insufficient, and the press release of the judge's final ruling did not mention the much-discussed financial flows at all. in addition, due to time constraints, the taipei prosecutors have not yet collected all the evidence, and there was also the blunder of the current taipei city council secretary shao xiupei "fleeing for fear of crime".

huang yangming believes that the northern district prosecutors office must produce specific evidence, including: 1. proof that ko wen-je was aware that the plot ratio of jinghua city was 840%; 2. proof that ko wen-je had a financial relationship. without these two, the northern district prosecutors office's chances of successfully appealing will be reduced.

however, it is not just the jinghuacheng case that worries ko wen-je. on august 29, the taiwan investigation bureau's northern station conducted a second secret interrogation of visa accountant duanmu zheng regarding ko's false reporting of political donations. last night, the prosecutor summoned li wenzong, the financial director of ko's campaign office, to explain. after the interrogation, he was released on bail of nt$2 million, restricted from leaving the country, going to sea, and living, and was subject to electronic surveillance.

in response to this, huang yangming said in lian shuhu yesterday that li wenzong, a classmate of ko wen-je for 50 years, was summoned by the northern district prosecutors office and turned from a witness to a defendant. after the interrogation, he was released on bail of nt$2 million and was under electronic surveillance. "next, ko wen-je's mu ke, foundation and other financial resources will be served." he also speculated that even if the northern district prosecutors office failed to appeal the jinghuacheng case, ko wen-je will soon be summoned to appear in the following cases.. (lin jingxian, strait herald reporter stationed in taiwan)