DPP lawmaker who questioned Ma's citizenship found not guilty

TAIPEI, Taiwan -- The Taiwan High Court rejected Thursday a prosecution appeal against a lower court's ruling that an opposition lawmaker did not violate the law when he accused President Ma Ying-jeou of having U.S. citizenship during the campaign.

Democratic Progressive Party (DPP) Legislator Yu Tien was indicted on a charge of having violated the country's Presidential and Vice Presidential Election and Recall Law by questioning the legitimacy of the Kuomintang (KMT) candidate's bid for the presidency, at a public campaign rally in March 2008.

"How could Black Horse A (referring to Ma whose family name sounds like horse in Mandarin Chinese) run for the presidency? His whole family, including himself, holds U.S. citizenship. They could easily flee if chaos erupts in Taiwan," Yu said at a DPP presidential campaign rally.

A group of KMT lawmakers, including Alex Fai, filed a complaint against Yu shortly after Ma won a landslide victory on March 22, 2008.

The Banciao District Prosecutors Office then indicted Yu last August on charges of having violated the presidential election law by making the U.S. citizenship allegation to thwart Ma's electoral bid.

The Banciao District Court later acquitted Yu of any infraction against the law on grounds that his freedom of speech is constitutionally protected.

"Those remarks, though a bit sensational and exaggerated, referred to things worthy of public discussion," the court stated.

The prosecutors office appealed the case in the higher court, which rejected the appeal Thursday after a thorough review. The high court's ruling can be appealed.

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