Lawyers protested the court ruling, saying they intend to appeal and search for more convincing reasons for the court to subpoena Chen as a witness.

The panel of judges, led by presiding judge Tsai Shou-shun, held a closed-door hearing and ruled around noon there was no necessity to subpoena Chen.

The main reason behind the ruling is the already adequate verifications for the acts of Ma Yung cheng, a former deputy secretary general to President Chen, and Lin Teh-shun, a director at Chen’s office, and no further clarifications from Chen are needed.

Both Ma and Lin, as well as Chen’s wife Wu Shu-chen, were charged with alleged mishandling of the “special state affairs fund” — which can be used by the president himself — for purchasing personal items or misusing invoices.

President Chen was also implicated in the indictment filed by prosecutor Chen Jui-jen. But Chen was not formally indicted because as the national leader he is immune from prosecution while still in office.

Defense lawyers asked the panel of judges to subpoena Chen for questioning on grounds that defendants Ma and Lin used the “special state affairs fund” set aside for the president’s discretionary use, which includes funding confidential and highly sensitive diplomatic missions.

The lawyers questioned the ruling, alleging that President Chen himself was the core figure in the whole case.

They reiterated that Ma and Lin dare not take actions concerning the state affairs fund without instructions from Chen.

The lawyers also argued that listing the president as a suspect or even indicting him in the same case already violated the nation’s Constitution.

While the lawyers continue pressing the court to summon and question President Chen, the first lady has been avoiding court summons after ending her brief appearance at the opening session of the court hearing.

Wu never returned to court again, citing health reasons.

Scheduled to leave office at the end of his second term in May next year, President Chen has already made a public pledge to voluntarily resign if his wife is convicted.

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