Political Considerations vs. The Truth

Political Considerations vs. The Truth
China Times editorial (Taipei, Taiwan, ROC)
A Translation
March 17, 2009

March 19 is the fifth anniversary of the 3/19 Shooting Incident. Former Vice President Annette Lu has published a new book, "Perspectives on 3/19: One Truth, One Taiwan." She is a victim of the 3/19 Shooting Incident, who remains troubled because the truth is still unknown. She rejects the conclusion of prosecutors and police that Chen Yi-hsiung was the shooter and that therefore the case is closed. She is also not satisfied with the 3/19 Truth Commission Report. She says it is hard to determine which of the four suspected perpetrators, the reds (Beijing), the blues (KMT and PFP), the greens (DPP) and blacks (triads) was responsible. She called for "another ad hoc group, appointed by the Prosecutor General," who will "set aside Blue vs. Green political concerns and simply demand the truth."

The 3/19 Shooting Incident has had a huge political impact. But like any criminal case, the truth must be sought in accordance with the law, free from political influence. We fully agree with Lu's perspective. But to be perfectly frank, we doubt that Lu herself is above Blue vs. Green political considerations. In her book she said that as early as October 2005, she "recommended that the Supreme Court Prosecutor's Office establish another ad hoc group" to investigate the case from scratch. Her recommendation was ignored, yet she remained silent until she left office. Were political considerations involved? Lu and Chen were wounded. Like any normal person, Lu wondered why she had been targeted. She was troubled by how the shooting cast doubt on the legitimacy of her second term. But she never showed the same concern for Chen Shui-bian's abnormal lack of curiosity about the shooting. She never expressed any doubts about whether election fraud lay behind the shooting incident. Were political considerations involved? She wonders whether the shooting involved one gun firing two rounds, or two guns firing two rounds, and whether accomplices were involved. Her doubts do not end here. She wonders whether the motive was to kill or merely to wound. The answer has a bearing on the four possibilities she mentioned. Are these four possibilities the only ones? Lu thinks not. Are political considerations affecting her judgment?

Lu called on the Prosecutor General to preside over a new investigation. The Special Investigation Unit declared that it reviewed the 3/19 Shooting Incident two years ago and determined that "the truth has yet to emerge." But it was forced to shut down its investigation of the 3/19 Shooting Incident because it began investigating Chen Shui-bian last year. The Special Investigation Unit is under the command of Prosecutor General Chen Tsung-ming. So is the prosecutorial system. Since the Special Investigation Unit is overloaded with work, why not assign some of the work to other prosecutorial units? Does Chen Tsung-ming want to solve these cases or doesn't he? If he doesn't, why doesn't he? Is the truth about these cases being suppressed out of political considerations? Annette Lu does not know, and Chen Tsung-ming is not someone we can count on to answer these riddles.

Chen Tsung-ming's recent handling of the Chen corruption case has raised serious doubts about his determination to solve the case. He ordered the Special Investigation Unit to prosecute the Chen corruption case in piecemeal fashion, one charge at a time, enabling the Chen family to evade prosecution on charges yet to be made. After repeated instances of much thunder but little rain, it is hard to avoid the suspicion that he has no intention of prosecuting the Chen family. The Special Investigation Unit is clearly understaffed. The Control Yuan has pointed this out. But he does nothing. He refuses to make use of manpower from other prosecutorial agencies, claiming that the Special Investigation Unit already has all the manpower it needs. His assertion is so transparently false, one wonders whether he wants to prosecute the case at all. Chen Shui-bian appointed Chen Tsung-ming Prosecutor General and placed him in charge of the Special Investigation Unit. The kid gloves manner in which the Special Investigation Unit is currently prosecuting Chen family cronies, including Chen Tsung-ming family friend Huang Fang-yan, is mind-boggling. On the pretext that Huang was emigrating to the United States, it waited idly for his return. Based on a suspiciously timed long-distance phone call from Huang, it seized jewelry worth hundreds of millions of dollars in a suit that had already been searched. It chose not to investigate co-defendant Ma Yung-cheng's testimony. It issued a statement asserting that Huang did not convene a money-laundering meeting between Ma, Cheng, and Koo at the Presidential Palace.

The Special Investigation Unit is nominally the highest-ranking independent prosecutorial unit in the nation. In order to ensure that the Prosecutor General would not intervene, its members swiftly indicted former Bureau of Investigation Chief Ye Sheng-mao. They openly endorsed their superior at a moment's notice. They eagerly issued a statement assuring the public their superior was not covering up on behalf of his cronies. Their loyalty to their superior leaves one breathless. Is this what passes for an independent prosecution? Chen Tsung-ming's biggest dilemma is whether to replace these loyal troops. Why is he turning a deaf ear to demands that he resign? Is it because he finds it hard to quit a cushy job? Is it because he wants to stay on to see justice done? Or is it because he wants to continue abusing the power of his office to shield his cronies? Annette Lu placed her trust in the wrong people. But Chen Shui-bian can certainly congratulate himself for trusting the right people!

Wang Ching-feng was responsible for the 3/19 Truth Commission's eight reports. At the time she lacked investigative powers. But for the sake of the truth, she overcame countless difficulties. She is now the Minister of Justice. She sits at the summit of the prosecutorial system. So why is she doing nothing? The Special Investigation Unit listens only to Chen Tsung-ming. Wang Ching-feng's wishes go unheeded. Does a Minister of Justice count for nothing? What happened to her determination to uncover the truth? Are political considerations involved? Annette Lu noted that less than two percent of the public believes the conclusions of the Ad Hoc 3/19 Prosecutorial and Police Commission. Is Chen Tsung-ming's credibility higher today? Chen Tsung-ming, as head of the Special Investigation Unit, is undermine the credibility of the prosecutorial system. Is Minister of Justice Wang Ching-feng is watching idly as Chen Tsung-ming destroys the justice system. Is it only because she knows he has tenure?

Political considerations or the truth. Which is more important? Chen Tsung-ming and Wang Ching-feng. What are they afraid of?

中時電子報
中國時報 　2009.03.17
社論》政治考量與發現真相 何者更重要
本報訊

三一九槍擊案將屆五周年。前副總統呂秀蓮出版了新書，《透視三一九：一個真相，一個台灣》。她是三一九槍擊案的受害者，苦於此案始終真相未明。她質疑檢警認定已故的陳義雄就是真兇結案；也不滿意三一九真調會的調查報告。她分析紅色（中國大陸）、藍營、綠營與黑道涉案的四種可能，難有定論，呼籲「另組專案小組，由檢察總長出任召集人」，「不管藍綠，只問真相。」

三一九槍擊案曾在政壇上引發巨大效應，但是和任何刑事案件一樣，應該依法發現事實真相，不受政治影響。呂有此看法，我們完全同意。但是，容我們直言，呂恐怕也未必能夠完全超越藍綠。她書中說到早在○五年十月，就曾「上簽建議應由最高法院檢察署另組專案小組」，重啟偵查機制。她的「上簽」石沉大海，但她保持沉默直到離任，此中有無政治考慮？呂陳二人受傷，如同任何常人，呂對於為何受傷疑問滿腹，也對槍擊案影響當選連任的正當性，耿耿於懷；但她對於陳水扁沒有相同程度好奇的反常舉止，卻諱莫如深，也不懷疑槍擊案背後有無選舉權謀斧鑿操縱，是否亦有政治考慮？她看槍擊案是一槍兩彈還是兩槍兩彈、有無共犯，均甚可疑，然而疑問並不只此，例如：作案動機是要殺人還是只開槍不殺人？就會影響呂提出的四種可能；四種可能之外即無其他可能？也是誰都要問的問題。呂的設想不及於此，是否仍是政治立場影響了判斷？

呂呼籲檢察總長主持重啟調查，特偵組則宣稱，二年前即已就三一九槍擊案重新審視，發現該案「真相並未大白」；只因去年偵辦扁案之後，三一九槍擊案調查工作被迫停擺。特偵組由檢察總長陳聰明指揮；檢察體系也由檢察總長陳聰明指揮。特偵組忙不過來，不能交給其他檢察單位偵辦嗎？陳聰明究竟是想辦還是不想辦？為什麼不想辦？是政治思考掩蓋了發現真相的需要嗎？呂秀蓮並不知道，陳聰明恐怕不是揭穿謎底的可靠人選。

陳聰明最近在辦理扁案上，也引起想辦不想辦的嚴重質疑。他領導特偵組，將扁案拆解，先起訴一部分；尚未起訴的部分，情節可能更為嚴重，但是久聞樓梯響始終無動靜，有無高舉輕縱的心思？特偵組人手明明不足，監察院為此提出糾正，他仍老神在在，放著所有檢調機關的充裕兵源不用，自稱足堪應付。說詞破綻如此之大，究竟是想辦不想辦？陳水扁當年獨具慧眼提名陳聰明出任檢察總長，主持特偵組。現在特偵組處理扁家密友、也是陳聰明家庭醫師朋友黃芳彥的溫柔體貼，簡直匪夷所思。以容許黃芳彥在美國辦理移民為由，癡癡等待不歸，有沒有聽過別的例子？靠著黃芳彥時機可疑的越洋電話，在已搜過的西裝中找到數億珠寶，有沒有聽過別的例子？放著共同被告馬永成的證詞不查，發表聲明辯解黃芳彥未在總統府中召集馬、鄭、辜等人舉行洗錢會議，有沒有聽過別的例子？

特偵組號為獨立辦案的最高檢察單位，高手雲集，為了保證檢察總長並未涉案，以迅雷不及掩耳的手段起訴前調查局長葉盛茂；隨時可以一字排開為長官的清白背書，也隨時發表聲明澄清長官好友的涉案程度。忠於長官之情，溢於言表，這就是所謂的檢察獨立性？陳聰明最近在傷腦筋：換不換這批死忠部隊？對於要他掛冠而去的高漲輿情為何充耳不聞？戀棧，是因為想辦案，還是因為想佔著位子不辦案？呂秀蓮所託非人，陳水扁倒是可以深慶得人！

還有王清峰，曾是孕育三一九真調會八份調查報告的王清峰。當時手無偵查權，為了真相，不惜排除政治萬難；現在出掌法務部，位居全國檢察體系的上峰，怎地水波不興？特偵組只聽命陳聰明，王清峰則是君命有所不受，部長難道就一籌莫展？找出真相的毅力勇氣還在嗎？是否有了政治考量？呂秀蓮指出只有不到二成的人相信三一九檢警專案小組的結案結論，今天陳聰明的辦案信用會更高嗎？陳聰明領導特偵組，快將整體檢察體系的公信力揮霍殆盡，王部長只因他有任期保障就坐視其摧毀一切而毫無作為嗎？

政治考量與發現真相，何者更重要？陳聰明與王清峰，各自在怕什麼？