Chen claim rejected

The Council of Grand Justices ruled that the changing of the presiding judge in the Chen case did not violate the Constitution that promises fair trial for all defendants, said Judicial Yuan Secretary General Hsieh Wen-ting.

But another ruling by the council raised the chances of Chen being granted bail, as the justices said the severity of the crimes for which a defendant is charged should not be the sole reason to keep him or her in custody.

Chen remained calm upon learning of the council's verdict, according to the Taipei Detention Center, where the former head of state has been jailed since December.

Chen's office and the main opposition Democratic Progressive Party both expressed disappointment at the council's rejection of the mistrial claims.

But his attorney, Cheng Wen-lung, urged the high court to set Chen free on bail, based on the council's reasoning.

Chen filed a petition with the constitutional court earlier this year after the Taipei District Court assigned another judge, Chou Shou-hsuan, to replace the original one that had been handling his case.

The former president argued the change was unconstitutional and undermined the due process.

Chou had been presiding over former first lady Wu Shu-chen's corruption trial.

As the former first couple's cases were related, the district court combined them and put Chou in charge.

The district court judge found Chen and Wu guilty of corruption, and sentenced both to life in prison.

But the grand justices reasoned that the reassigning of the judge was decided by a panel representing the court's entire body of judges, and therefore the decision did not constitute an unconstitutional interference with the trial.

The council also rejected Chen's petition asking it to hand down an order suspending the trial and releasing him from jail.

But the justices ruled that detaining a defendant solely on the severity of the crimes is unconstitutional.

Other factors, such as the defendant's possibility of fleeing the country, have to be considered, the council said.

Chen has been denied bail by the district court and the high court since he was taken into custody last December.

Chen's lawyer, Cheng, said the council's ruling on the custody marked a step forward in human rights protection in “favor” of the former president.

He said the defense will make a major case to argue that Chen will not escape.

Some prominent supporters of Chen said the grand justices' ruling was hardly convincing and would cause people to lose faith in the judicial institution.

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