Kuo Su-chun, Kuomintang deputy legislative caucus whip, told a press conference at the Legislative Yuan Ku, one of the three judges in conference who handed down the verdict on the mayor’s election, has violated the organic law of courts as amended in last December.

Article 103 of the amended law forbids publication of dissenting opinions before the case is closed.

Chen Chu is appealing the verdict. A court of appeal has to retry the case. “Not before the appellate court hands down the final verdict to close the case,” Kuo charged, “the dissenting judge shouldn’t make his opinion public.” There is little doubt that the dissenting judge has broken the law, Kuo pointed out.

Ku wrote a six-page dissenting opinion, which was attached to the written verdict Huang Hung-chin, the presiding judge, announced in convicting Chen Chu of resorting to a last-minute campaign gimmick for edging out her Kuomintang rival Huang Jun-ying.

Democratic Progressive Party leaders, from President Chen Shui-bian on down, condemned the presiding judge for doing the Kaohsiung mayor injustice and praised Ku for publishing his dissenting opinion. Judge Tu Yu-tou spoke for the Kaohsiung district court to absolve it of any responsibility.

“It is the judges in conference who decided to have the dissenting opinion published along with the verdict,” Tu said. They did not inform the president of the district court of their decision, he added.

“If they broke the law (as was so alleged),” he pointed out, “they would have to take responsibility.”

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