20100612 Chen’s sentence cut to 20 years

Chen’s sentence cut to 20 years

STILL GUILTY: Sentences and fines were reduced for former president Chen Shui-bian, his wife and six other defendants, and the Supreme Court will hear Chen’s final appeal

By Vincent Y. Chao
STAFF REPORTER
Saturday, Jun 12, 2010, Page 1

Former president Chen Shui-bian waves as he arrives at the Taiwan High Court yesterday. The court reduced the sentence in his second trial on graft and money-laundering charges to 20 years.

PHOTO: REUTERS

Former president Chen Shui-bian (陳水扁) had his life sentence reduced to 20 years in prison after the Taiwan High Court handed down the verdict for the second trial yesterday, a ruling that Chen’s lawyers said they would appeal.

The court affirmed a lower court ruling in September last year that found the 59-year-old Chen guilty of embezzling state funds, committing forgery and laundering some of the money through Swiss bank accounts.

Yesterday’s ruling reduced the NT$200 million (US$6.17 million) fine imposed on Chen by the Taipei District Court to NT$170 million, while lowering a lifetime ban on civil rights to 10 years.

Delivering the verdict, Chief Judge Teng Chen-chiu (鄧振球) said he took into consideration new findings that show the amount embezzled was less than previously found by a lower court.

A later statement by the High Court, however, said that both Chen and his wife had failed to display remorse over their actions, which it said “disrupted societal values.”

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Chen and his wife “did not hold themselves to public opinion or reflect [on their actions], [instead] they pressured their subordinates to use the evidence to attempt to cover up their crime,” the court said.

The High Court also reduced the life sentence of former first lady Wu Shu-jen (吳淑珍) to 20 years and cut her fine from NT$300 million to NT$200 million. Six of the other eight defendants, including Chen’s son and daughter-in-law, also saw their sentences reduced.

Allegations of corruption and abuse of power against Chen, his family and members of his entourage were first initiated by prosecutors after he lost presidential immunity following the end of his second term in office in 2008.

During his trial, prosecutors accused Chen and his wife of accepting bribes to facilitate property deals, laundering money overseas and embezzling millions from a special presidential fund. They said that NT$700 million was remitted to accounts in Singapore and the Cayman Islands and later moved to Swiss bank accounts.

Chen was seen leaning forward with his head down and shoulders slumped as the verdict was read yesterday. He had been seen going into the hearing in apparently high spirits.

One of his defense attorneys, Shih Yi-lin (石宜琳), said the defense team would immediately file an appeal, which he said they were “very optimistic about.”

“Of course [Chen] feels upset, he thinks that he should have been found not guilty,” Shih said. “However, he still thinks that we have a chance to appeal this decision, so we don’t feel too bad.”

Shih said they were hopeful about Chen’s chances of being granted bail, adding that as a former president, Chen “is not a flight risk and … will not flee the country.”

Yesterday’s ruling came after the Taipei District Court on Tuesday cleared Chen of separate charges of embezzling diplomatic funds.

The Supreme Court is set to rule next on Chen’s appeal.

A separate hearing on whether Chen would be granted bail was postponed after the High Court was unable to reach a conclusion and Chen returned to Tucheng Detention Center.

The Taiwan High Court had previously said the money’s return would be a key factor on whether it would grant Chen bail. Prosecutors have said Chen would be a flight risk if released — a charge his lawyers deny.

The defense says up to US$14.5 million of the money has already been wired back to accounts set up by the prosecutors’ office and the remainder would be sent back as soon as possible.

Chen has previously said the money came from leftover political contributions from his presidential campaigns in 2000 and 2004. He has denied accusations that he misused the presidential fund, and his lawyers said they had been hoping for an unconditional release.

Chen was first detained at the Taipei Detention Center on Nov. 12, 2008, and released on Dec. 13, 2008, after he was indicted. He was detained again on Dec. 30, 2008 and has remained in detention since then.

On April 16 Teng ruled Chen should remain in custody for two more months, until June 23.

The court yesterday said it would decide before June 23 whether to detain him for another two months.

The Democratic Progressive Party (DPP) yesterday said it respected the high court’s decision, but called for Chen to be granted bail.

DPP spokesperson Lin Yu-chang (林右昌) said: “From a civil and human rights perspective, the DPP is requesting that former president Chen’s detention be lifted, which will enable him to better prepare for his [appeal]”

On Aug. 14, 2008, Chen called a news conference in which he admitted Wu had wired overseas an unspecified amount of money that Chen received for his two Taipei mayoral and two presidential election campaigns between 1993 and 2004.

The next day, Chen and Wu withdrew from the DPP to apologize for the disgrace they had brought to the party by mismanaging campaign funds.