Accusing Presiding Judge Tsai Shou-hsun of distorting former president Chen Shui-bian’s words to extend his detention for two months, Chen’s office said yesterday it would file cases against Tsai with the Control Yuan and Taipei District Court.
Tsai quoted Chen’s conversations with his staff and visitors out of context and used the conversations against Chen, his office said in the statement, adding that it would collect evidence of the court’s “abuse of power” and file against Tsai with the Control Yuan and Taipei District Court.
In defending its decision to extend Chen’s detention for the third time, the court on Monday cited several reasons used in previous rulings — the concern that Chen would collude with witnesses, destroy evidence or try to abscond. It also cited Chen’s “interference” with the case by talking to the public through friends and colleagues who visited him at the detention center.
In response to the court’s concerns about Chen asking lawyers to defend his case on call-in shows on TV, Chen’s office issued a statement yesterday saying that the former president believed he would not be treated justly in Tsai’s court, and felt that it would be necessary to clarify the truth in the “people’s court” instead.
“Chen encouraged lawyers who understand the case to explain the truth behind the case to the public and seek justice in the people’s court,” the statement said.
Chiang Chih-ming, Chen Shui-bian’s secretary, said Tsai manipulated Chen’s remarks and distorted his words to extend the detention period.
“Former president Chen cannot agree with the court’s accusation that he has interfered with the case or prepared to flee the country by applying for a new passport,” Chiang said yesterday.
The former president’s court-appointed attorney Tseng Te-rong yesterday said he would submit a request to have the former president sent to hospital as well as appeal Monday’s detention ruling.
Tseng expressed regret at the Taipei District Court’s decision to detain the former president for another two months.
He said he disagreed with Tsai’s reasoning that the former president was meddling with the judiciary by instructing his former lawyers and subordinates to talk to the public through the press or television talk shows.
“An individual should be responsible for his or her own speech. [The court] should not make the former president responsible [for what lawyers said to the public] by saying it was a result of his instructions,” Tseng said.
He said he would discuss the matter with Chen and appeal the detention ruling in a few days.
Shih Yi-ling, who served as one of Chen’s attorneys before the former president dismissed them all to protest the judicial system, also said the court’s ruling was unacceptable.
He said that he chose to speak on talk shows himself and the former president did not have to take responsibility.
“Just because a lawyer was interviewed by the media does not mean this can be one of the reasons for detention,” he said.
Chen has been diagnosed with tendonitis by detention center physicians. Tseng also said he would ask the district court to have Chen’s foot checked by a doctor.
Source: Taipei Times 2009/07/15
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