Public prosecutors stressed that the summarized written statement of the testimony was signed personally by the witness, and, hence, should be accurate and credible. “We have never heard that any testimony was recorded verbatim,” they stressed. However, the presiding judge countered by saying that “all the statements made during the trial of the ‘state affairs fund’ were recorded verbatim.”

As some political commentators have observed, the truth of the records of the witness’ testimony made in the prosecutor’s office had seldom been doubted in the past due to public trust in the integrity and professionalism of prosecutors. However, the recent revelations of the serious discrepancies between what the witness actually said in the “special fund” case and the records of the testimony kept by the prosecutors have startled many, who for the first time learned that the witness’ statements were not recorded verbatim, a fact increasing the chances of the inaccuracy of the document.

Secondly, the fact that the summary of what the witness stated and asked to be put on record, as made by the interrogating prosecutor, was so brief, different and even contradictory from the original contents that it caused suspicion of not only the professional training, but also of the motive of the prosecutor in question. What a dereliction of duty on the part of a public servant! Their behavior may cause the ruining of the reputation - and even the life - of an innocent person!

As everyone knows, democracy goes hand in hand with the rule of law. Judging by this standard, Taiwan is by no means a true modern democracy. In fact, it has become almost a lawless land in recent years.

Taiwan has been engulfed in one political scandal after another, particularly during the second term of President Chen Shui-bian, beginning in 2004. What is surprising is that most of the crimes committed by government officials from President Chen down have not been exposed and investigated by relevant authorities but, instead, by legislators or mass media after receiving inside information through unpublicized channels. Such a development should not have happened in a normal democratic country, but the Taiwan of today is anything but a normal democracy; where the judicial branch, instead of upholding justice as it is supposed to do, has become a willing tool of politics. Hence, such illegal exposures have become necessary evils.

The Taiwan of today has been experiencing another “miracle” — in a negative sense though — in that members of the first family, as well as the presidential candidates of two major parties, are all involved in corruption charges. While the first lady, several top officials of the Chen administration, and Ma, the KMT presidential candidate, have been indicted, Frank Hsieh, the DPP presidential candidate, has been named a defendant in a score of corruption cases under investigation and may be indicted at any moment. In fact, it has been reported that the primary reason for speeding up the long-delayed investigation of the Hsieh cases results from an attempt of his political enemies, including those within the DPP, to embarrass or even to disqualify him from the presidential race. What a shabby conspiracy if the speculation is true!

A review of recent history indicates that Taiwan has never had a credible judicial system. The KMT rule of the island under the two Chiangs was, by and large, marked by the practice of authoritarianism.

When the DPP assumed power in 2000, all local residents were looking forward to a reign of genuine democracy and progressiveness. But, to their bitter dismay, the nation has further degenerated in all respects. Even though almost all new power holders are law students, few of them have tried to be law-abiding. They are interested not in enacting and implementing sound laws, but, rather, in finding and exploiting legal loopholes for personal or partisan benefits. What has made things worse is that they have been abetted by other government officials, including highly esteemed and paid personnel of the judiciary.

In view of the bold indictment of the first lady by prosecutors, and the conviction of the president’s son-in-law by the court on corruption charges, we may see a glimpse of light in the darkened judicial system in Taiwan.

Therefore, establishment of a wholesome and independent judicial system is a compelling need for Taiwan. Equally important, if not more so, is a critical review of our college educational programs so as to train and produce law students of a high morality and caliber.

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