Judge asked to stay on, fight for reforms

The judge held different view from presiding judge, Tseng Teh-shui, who insisted that the former senior aide to ex-President Chen Shui-bian committed only common fraud rather than corruption after he was convicted of taking bribe from a businessman by playing the role of a judicial broker in an attempt to influence court verdict.

Both Chen Heng-kuan and Tsui Ling-chi — another accompanying judge on the panel led by Tseng — sought, and were granted for, transfer to a separate panel.

But Chen took a further step and asked to resign from his judicial position.

His superiors, including Hsieh Tsay-chuan, grand justice and acting president of the Judicial Yuan, have talked with him and wanted him to stay on.

Chen Ching-jiao, spokesman at the Taiwan High Court, held a press conference yesterday morning to acknowledge that the court was continuing to talk him out of quitting.

He said Chen Heng-kuan has long been regarded as a decent judge with a strong sense of mission for judicial reforms.

He also made public a statement of Chen Heng-kuan stressing his concern over the people's widespread criticisms after the recent case involving a few judges' alleged taking bribes.

The latest ruling on the Chen Che-nan case has only deepened the people's doubts on the fairness of the nation's judicial systems, according to the statement.

Tsai Jun-dun, chairman of the Judges Association, said Chen Heng-kuan should maintain his position and continue fighting for judicial reforms.

Legislator Lu Hsueh-chang of the ruling Kuomintang urged the Taiwan High Prosecutors Office to appeal the Taiwan High Court's latest ruling.

He also said Judge Tseng should give the public a formal explanation about the case because the court ruling has profoundly affected the dignity and trustworthiness of the nation's judicial system.

Lu said he could understand Judge Chen Heng-kuan's feelings of helplessness. But Chen should not consider quitting as long as he sticks to a clear conscience, he said.

Chiu Yi, another KMT lawmaker, praised Chen Heng-kuan as an outstanding judge who had asked for including his opinions in the court ruling after failing to win support from the presiding judge.

Ker Chien-ming, the legislative leader of the opposition Democratic Progressive Party, said the case shows that there is a need to revise the existing litigation rules concerning criminal trials so that the court rulings can be arranged for public examination in case there are dissent opinions among the judges on a same panel.

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