A Dialogue between Two Kaohsiung Incident Defense Attorneys

A Dialogue between Two Kaohsiung Incident Defense Attorneys
China Times editorial (Taipei, Taiwan, ROC)
A Translation
July 31, 2009

Recently, at the scene of the Chen corruption trial, two legal professionals unexpectedly engaged in an impromptu dialogue. These two people were Lin Ching-kang and Chen Shui-bian.
Who is Lin Ching-kang? He graduated from National Taiwan University Law School a few years later than Chen Shui-bian. He was once Chen Shui-bian's room mate. Together they helped each other achieve their dreams for the future. When Lin Ching-kang was a first-year student at the National Taiwan University Law School, he had the second highest score on the National Judicial Examination. Out of thousands of candidates that year, only two were accepted. He joked that he was "Sun sen." His grades were of course not as distinguished as those of Chen Shui-bian, who graduated first in his class a few years earlier. Lin Ching-kang and Chen Shui-bian would later become part of the Kaohsiung Incident legal defense team. This was a breakthrough role for Chen Shui-bian, after which he became famous. Lin Ching-kang, on the other hand, remained politically obscure. He too passed the National Judicial Examination, First he became a judge. Back then political opposition defendants would denounce the court system, alleging "political persecution." Lin Ching-kang was one of the few judges who could look political opposition defendants straight in the eye and demand that they respect the rules of the court. Political opposition defendants who came before him knew his reputation for integrity. They knew he never practiced favoritism for "his own people."

Chen Shui-bian became president. Lin Ching-kang became a senior judge. The Ministry of Justice promoted a judicial reform program known as "Judges Have No Rank." He responded by requesting an immediate transfer from the Superior Court to a District Court. For years, he has contemplated the process of judicial reform. The court system is not without defects. Sometimes he became emotional. As a result he voluntarily requested a transfer from the court system to the prosecutorial system. For the sake of harmony, he served as Taipei District Prosecutor. Lin Ching-kang's experience is unusual in the judicial realm. He is certainly not unknown within the legal community. But the legal community doesn't really know that much about him. Who could have predicted that his two requests for transfer would lead to him investigating his former room mate Chen Shui-bian for corruption?

We do not intend to comment on what kind of verdict Chen Shui-bian's closing argument might lead to. But little known District Prosecutor Lin Ching-kang now finds himself head to head with widely known President Chen Shui-bian. After more than thirty years these former classmates paths have crossed again, and revealed a thought-provoking scene of desolation.

Lin Ching-kang has seldom prosecuted a defendant who has clearly contributed to Taiwan's democracy. But one cannot pardon his offenses on this basis. In fact Lin refuted a similar claim made by Wu Shu-chen the day before, when she argued that she too had contributed to democracy. In a rare departure from the norm, he wept in court. He recalled the ideals he once shared with the defendant when they were in school. He wondered why Chen Shui-bian had turned his back on his former ideals. He invoked the seldom heard language of religion in court. He explained to his old friend Chen Shui-bian why he had to unrelentingly prosecute Chen Shui-bian for his wrongdoing. He explained that he had to uphold the enduring values they once shared. In a rare departure from the norm, he repudiated charges that the prosecution was tainted by Blue vs. Green political considerations. He proclaimed that the case must be a starting point for the end of corruption. Chen Shui-bian's reply a few hours later, was identical to those offered by political opposition defendants in the past. He was unable to offer a coherent response to Lin Ching-kang's words of conscience.

Lin Ching-kang told Chen Shui-bian, "Mr. President, you had the power!" Lin Ching-kang and Chen Shui-bian are both men of the law. Both graduated as top students from National Taiwan University Law School. Both have wielded state power, in different forms. Chen Shui-bian was once head of state. He once wielded immense power. Yet he now faces prosecution. Lin Ching-kang went from judge to prosecutor. Compared to Chen Shui-bian, he is merely a judge. Yet now he has the power to prosecute Chen Shui-bian. Lin Ching-kang pointed out the key issues. What happens to a man of the law when he acquires power? Do his former ideals inform his use of power? Or does his newfound power make him forget his ideals?

Lin Ching-kang was not a defendant. Yet he burst into tears. Because he wielded state power, he was aware of how wrong a man can go if he forgets his ideals. In fact, he was weeping for the accused, Chen Shui-bian. He saw how vulnerable people were in the face of power, how power corrupts. He invoked the ideals the two shared in the past. He hoped to reawaken the defendant's conscience, to make him aware of his wrongdoing. But Chen Shui-bian's attempt to excuse his crimes, only let Lin Ching-kang down. After all, how many are able to withstand the the temptation of too much power?

Chen awaits the court's decision. His political character and his arrogance of power have shaken public confidence in the government. He has seriously undermined the image of the legal profession. He has made it difficult for his political party to extricate itself from its quagmire. Chen Shui-bian knows he ought to apologize to the people. But his apologies lack sincerity. Because of Chen, political and moral standards on Taiwan have descended into an abyss. Fortunately we have a prosecutor such as Lin Ching-kang. He has not forgotten the ideals he once pursued as a man of the law. He is fighting a rising tide. He is persisting in his attempt to save humanity. As a result people have discovered that power can still be exercised for the good. There are still people in government who value integrity. Men of the law can still restore hope. People can still rediscover the fond memories they had in the political opposition. Perhaps the Chen corruption case verdict really can serve as a starting point for the end of political corruption.

中時電子報 新聞
中國時報 　2009.07.31
社論－兩個美麗島大審律師的法庭對話
本報訊

日前，在扁案言詞辯論的現場，格外突出兩個法律人對照性，這兩個人即是林勤綱與陳水扁。

林勤綱何許人也？他是屆數較陳水扁低的台大法律系畢業生，在校期間曾與陳水扁為宿舍舍友，共同砥礪過法律人的理想與未來。林勤綱在就讀台大法研所一年級時以第二名通過國家律師高考，那一年數千考生中只錄取兩名，他遂以「孫山」自嘲，榜眼的成績當然不如數年前的榜首陳水扁來的耀眼。林勤綱和陳水扁稍後同是美麗島案律師團的成員，阿扁此後表現傑出而大紅大紫，林勤綱則在政治上默默無名。他也通過國家司法考試，先是擔任法官，在那個反對人士遭到追訴即以「司法迫害」譴責法院的年代，林勤綱曾是極少數能在法院裡，正色要求在野被告遵守法庭規則而莫敢不服的法官，被他審判的在野被告，誰都知道，他是一位剛正不阿，也從不徇私的「自己人」。

當陳水扁成為總統之後，林勤綱也已是資深的法官。他旋即響應司法院司法改革方案中「法官無高低」的觀念，自願從上級審法院請調擔任地方法院法官。不數年，他又有鑒於司法改革的過程中，審核系統之間不無嫌隙，有時甚或流於意氣之爭，於是再度自願請調，從院方轉任檢方，以謀和諧，擔任台北地檢署主任檢察官。林勤綱的經歷，在司法界算是異數；他在法界當然不是無名之輩，但社會上對他的認識不多。誰也不知道兩次請調，會讓他在數年後面對昔日舍友陳水扁學長，追究他貪汙罪嫌的刑事法律責任。

陳水扁案最後的言詞辯論，應該導致什麼樣的判決結果，我們無意置喙，但是默默無聞的林勤綱檢察官對上家喻戶曉的陳水扁總統，經過卅餘年的歷史滄桑，昔日學友狹路相逢，卻映照出悲涼的警世場景，發人深省。

林勤綱罕見地在庭上追述被告對台灣民主確有貢獻，但不能因此寬赦其犯法行為的法律責任，他事實上駁正了前一日吳淑珍自認對台灣民主甚有貢獻的辯詞；他罕見地在庭上聲淚俱下，追憶自己與被告求學期間的共同理想，質疑阿扁為何背棄了當年的願景；他罕見地在庭上使用宗教語言，向阿扁解釋身為老友，為何必須釘死阿扁的過錯，來彰顯那曾經樹立的美好價值；他罕見地駁斥外界對檢方藍綠有別的指控，聲言要以扁案做為終結貪腐的起點。之後陳水扁數小時的答辯，像過去在野被告一樣，對於林勤綱訴諸良心的責備，回應無力。

林勤綱在庭上對陳水扁說，「總統先生，權力可是出自於你啊！」林勤綱與陳水扁同是法律人，同是台大法律系畢業的高材生。他們先後掌握了國家不同的權力。陳水扁曾經貴為國家元首，一度大權在握，現在竟要面對司法的追述。林勤綱從法官改任檢察官，相對於昔年的阿扁，只是一位司法官，現在則是握有追訴陳水扁的權力。林勤綱直指問題的要害，曾經懷抱著理想的法律人，手中掌握到權力的時候，是理想支配著權力，還是隨著權力忘記了理想？

林勤綱不是被告，竟在法庭上痛哭流涕。他因公權力在握，深知如果忘記了原初理想，可能走上什麼樣的歧途；其實他是在為被告陳水扁痛哭流涕，他看到權力如何使人脆弱，如何使人腐化，他想要使用昔日的理想，試圖召喚被告良心發現，憬悟前非，阿扁兀自企圖脫罪的辯解，只怕要讓林勤綱失望了，畢竟權力的誘惑太大，禁得起考驗的能有幾人？

扁案的法律責任有待法院判決評價，但他涉案案情所顯示的政治品格與權力傲慢，已足使台灣人對於政府清廉的信心發生動搖，也已使得法律人的形象受到嚴重懷疑，更讓他所屬的政黨陷進退維谷而難以自拔的泥淖，陳水扁自己也知道該向國人道歉；然而他的道歉仍舊毫無誠意；台灣政治道德的標準已經因為他而降至谷底。所幸，我們在言詞辯論中看到了一位有性情的檢察官林勤綱，他沒有忘記法律人追求正直的原始理想，他試圖用手中的權力力挽狂瀾，他不放棄拯救人性的沉淪。於是，人們發現，權力行使之中仍然可能具有善良的品質，政府中仍然有人介意廉潔的可貴，法律人也可以令人重拾希望，甚至，人們可以尋找當年在野者的美好回憶。也許，扁案的司法判決，真的可以成為終結貪腐政治的起點…。