First lady trial judge rules trial to proceed

The judge, Tsai Shou-hsun, announced his decision, as Wu took a sick leave from the second session of the trial held at the Taipei District Court.

“There’s nothing unconstitutional about the proceeding, and therefore the trial should go on, and I will not accept any appeal,” said Tsai.

Lawmakers from the ruling Democratic Progressive Party had filed a request asking the Council of Grand Justices to expand its interpretation of presidential immunity to shield President Chen Shui-bian against criminal prosecution.

They have also asked the trial be put on hold pending the grand justices’ decision.

Chen has vowed to step down if his wife is found guilty of the charges by the district court.

Wu, former Deputy Presidential Secretary General Ma Yung-cheng, and two others stand accused of corruption and document forgery charges for allegedly using false receipts to claim reimbursements from the president’s expense account.

During the opening session last Friday, Wu fainted and was rushed to National Taiwan University Hospital (NTUH), where she has been staying since then for treatment.

She missed the session yesterday, but the judge asked her attorney to convey his hope that she can attend the next session slated for next Friday, health permitting.

During yesterday’s trial, the judge rejected the prosecution’s demand that actions be taken immediately to seize relevant documents from the Presidential Office.

The prosecution requested Tsai, his co-judges, the prosecutors, the defendants and their attorneys immediately go to the presidential building, search through documents and seize relevant ones, in order to prevent evidence being destroyed.

But Tsai ruled that the documents the prosecution wanted seized were probably favorable to the defense, and therefore it would be impossible for the Presidential Office to destroy them. But Tsai said the court will send the Presidential Office a letter as soon as possible asking it to submit those documents to the court.

The documents, according to the prosecution, are related to the Presidential Office’s funding for overseas pro-democracy activities and secret diplomatic missions.

Chen has claimed that his state affairs expense has been used to fund secret diplomatic missions, but he has refused to reveal details.

He has stressed that neither he nor his wife has pocketed a dime from the state affairs fund.

The trial yesterday focused primarily on procedural issues with the judge saying that the next session will try to resolve the issue as to whether the presidential documents already presented to the court contain any national secrets.

If the documents involve national secrets, it will affect the proceedings, said the judge.

The defendants’ attorneys protested that they should have been allowed to examine the documents.

But the judge said they will be given copies of the evidence after the court makes a decision on the documents’ level of confidentiality next Friday.

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