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ke wenzhe's legal team will file an appeal as early as this week. legal experts: the chances of success are slim

2024-09-08

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taiwan people's party chairman ko wen-je has been detained and denied access to visitors for suspected corruption. as of the 7th, his legal team has not filed an appeal. it is understood that most appeals filed by defendants in the past were rejected, so ko wen-je's legal team is still carefully studying the strategy and is very cautious about the reasons for the appeal. since the appeal period is 10 days from the delivery of the ruling, it is expected that the legal team will file an appeal to the taiwan high court as early as this week, but the legal community believes that the possibility of success of the appeal is slim.

ko wen-je is involved in six major cases, namely the jinghua city plot ratio case, the political donation false accounting case, the beishike land rights case, the first fruit, vegetable and fish wholesale market reconstruction case, the nangang transfer station bot case, and the taizhiguang police surveillance camera case, all of which are investigated by the taipei district prosecutors' office. as the criminal is in custody, the taipei district prosecutors' office is under pressure to handle the case, and the focus of the investigation is still on the jinghua city case. the part where ko wen-je actively participated in the jinghua city case for profit has been made clear. the next focus is to strengthen the evidence for the crime of accepting bribes in violation of his duties, and it is not ruled out that ko wen-je will be interrogated for the first time this week.

it is understood that the taiwan authorities' "integrity commission" found a usb flash drive at ko wen-je's residence, which had the words "2022/11/1 xiao shen 1500 shen qingjing" written on it. the prosecution believes that this is evidence of an agreement between ko wen-je and shen qingjing to accept bribes. how to find the flow of funds in the future to prove that ko wen-je violated his duties and accepted bribes is the top priority of the prosecutors' subsequent investigations. the prosecution has initially grasped the relevant flow of funds and will carefully cross-check and compare the correlation, and will summon shen qingjing to appear in court to reverse the tainted witness.

there are a total of five defendants in custody in the jinghuacheng scandal. in addition to ko wen-je, former taipei deputy mayor peng zhensheng, weijing group chairman shen qingjing, taipei city councilor ying hsiao-wei and assistant wu shun-ming have all filed appeals. the taiwan high court rejected all of them the day before yesterday. even if ko wen-je appeals, the chances of success are very slim.

legal experts pointed out that it is unlikely in practice for a defendant to successfully appeal after being detained, unless the legal team can point out obvious procedural flaws or obvious contradictions in the substantive reasons. otherwise, the judge of the second instance will usually support the first instance. the success rate of overturning the case and sending it back for retrial is very low.

legal experts said that as long as the prosecutor can "explain" to the judge in the detention court that the defendant is seriously suspected of committing a crime and whether there is a risk of collusion and destruction of evidence, the case will pass the review. this is completely different from the prosecution's "strict proof" of the defendant's guilt after the prosecution, which is the main reason why most defendants' appeals are rejected.

lin jingxian, taiwan correspondent of strait herald