Allegations of Secret Meetings with Triad Boss are Defamatory

Allegations of Secret Meetings with Triad Boss are Defamatory
China Post editorial (Taipei, Taiwan, ROC)
A Translation
November 23, 2011

Summary: President Ma Ying-jeou has officially filed a defamation suit against the DPP, for alleging that he "secretly met with a triad boss." DPP Chairman Tsai Ing-wen is a co-defendant. Therefore this is the first time in our nation's history that a sitting president and incumbent has ever sued his challenger. This is unprecedented. A court battle will become part of the presidential race.

Full Text Below:

President Ma Ying-jeou has officially filed a defamation suit against the DPP, for alleging that he "secretly met with a triad boss." DPP Chairman Tsai Ing-wen is a co-defendant. Therefore this is the first time in our nation's history that a sitting president and incumbent has ever sued his challenger. This is unprecedented. A court battle will become part of the presidential race.

A few days ago one particular news organization alleged that President Ma Ying-jeou secretly met with "underworld gambling boss Chen Ying-chu on September 10 of this year. Ma was allegedly introduced to Chen by Chiayi Mayor Huang Ming-hui, and sought Chen's financial and organizational support. Chen allegedly helped Ma during the previous presidential election, by contributing over 100 million dollars to his campaign. In 2008, the first time Ma ran for president, he allegedly met with Chen three times to seek his support. President Ma's close friend King Pu-tsung allegedly met with Chen during the 2009 County Chiefs and City Mayors Elections.

Ever since President Ma took up politics, he has been known for his integrity. Many of his policies have been targets of criticism. But at least the public acknowledges his integrity and believes in his honesty. Ma's predecessor Chen Shui-bian was corrupt through and through. By contrast, Ma Ying-jeou's integrity is his most important political asset. It is also something voters consider when chosing whom to support. That is the reason these allegations have so much shock value. If true, they would destroy Ma Ying-jeou's long-standing reputation for honest. They would dethrone the Blue Camp. They would dramatically affect the outcome of the election.

This report has of course become ammunition in the Green Camp's barrages against Ma. One Green Camp legislator after another has blasted Ma Ying-jeou for allegedly meeting with a triad boss just prior to the election. They have accused him of attempting to affect the outcome of the election by manipulating the betting odds. DPP Chairman Tsai Ing-wen demanded that Ma come forward and clear up the situation. DPP spokesman Liang Wen-chieh claimed that reliable sources say Ma met Chen in Chiayi this September, and accepted 300 million dollars in campaign contributions.

Presidential spokesman Fan Chiang-tai promptly denied the allegations. He produced Ma's itineary for September 10, showing every place Ma visited. He made it abundantly clear that Ma did not meet with Chen that day. He made it clear that President Ma did indeed meet Chen twice in the past. The first time was in January 2008. The second time was in August 2009, just before the County Chiefs and City Mayors Elections. Both times the president met with local campaign contributors. All of President Ma's campaign contributions were handled strictly according to the law.

The DPP then accused President Ma of meeting Chen in September 2009. On the day that Ma allegedly met Chen, Ma went south to help with the 8/8 Typhoon. President Ma allegedly visited the disaster site and secretly met with a triad boss. The point is that President Ma did not meet with Chen on September 10 this year. He did not seek campaign funds or organizational support from Chen. The Presidential Office said that the two men did not meet on September 10 this year. If true, the allegations are totally baseless. The DPP also accused King Pu-tsung of meeting with Chen Ying-chu. But King was visiting the United States at the time. Neither the media nor politicians may make false accusations. They must be able to present conclusive evidence.

To rebut allegations that he secretly met with a triad boss, KMT Chairman Ma Ying-jeou filed the lawsuit in his own name. He filed a civil suit against the DPP, and DPP spokesman Liang Wen-chieh. As the legal representative of the Democratic Progressive Party, Chairman Tsai Ing-wen was named co-defendant. Others mentioned by the news organization include Huang Ming-hui and Chen Ying-chu. Each has filed his own lawsuit.

Frankly, Ma Ying-jeou is the president of our nation. If he sues a presidential challenger and party chairman during an election, his opponents are likely to accuse him of "political persecution." They are likely to dredge up historical grievances to unite their supporters and mobilize voters. The legal process may be subject to lengthy delays. The lawsuit could become a major factor that affects public sentiment and determines the election outcome. In an atmosphere of intense confrontation. the final verdict is unlikely to convince non-believers. A trial is unlikely to uncover the truth.

On the other hand, President Ma clearly has the legal right to defend his reputation. He was willing to file the lawsuit in his own name. This suggests that he sincerely believes his good name will be cleared. In a war of words, a good offense is often the best defense. Even though the final verdict may not be rendered in time to clear the air, the grand gesture represents a solemn declaration of innocence.

The election campaign has heated up. The poll numbers are close. Neither side can afford to slip up. James Soong has entered the race. Ma Ying-jeou now has an enemy at his back as well. His situation is even more dangerous. That is why he cannot permit allegations about "a secret meeting with a triad boss" to run amok.

Ma is also party chairman. He must campaign at the grass-roots, on behalf of the party's candidates. Paying visits to local leaders is something presidents Blue and Green have always done. It was true for Lee Teng-hui. It was true for Chen Shui-bian. The Democratic Progressive Party must first explain what it did for eight years. It can begin with President Chen Shui-bian and two term Premir Yu Shyi-kun. Why did Frank Hsieh secretly meet with Chen Ying-chu, the very same "black gold triad boss" the DPP accused Ma Ying-jeou of meeting?

Election season is a time of dog eat dog. One cannot expect the legal system to clear up a political dispute. It is usually impossible. But a lie told often enough becomes the truth. Failure to sue could be construed as an admission of guilt. Taiwan's political climate allows demagogues to get away with baseless smears. That is one reason the political climate on Taiwan has progressed so little.

The DPP has resorted to lies and deception. Therefore filing a lawsuit against the DPP is the KMT's last means of defense. The allegation that "The president secretly met with a triad boss, and took part in black gold dealings" has impugned not just Ma Ying-jeou as an individual, but the morality, ethics, integrity, and good name of the leader of our nation. Can we allow demagogues to sling muck, without saying anything? The campaign will surely heat up. Candidates will be subject to close scrutiny. That does not mean we can fabricate lies to discredit our political opponents. Tsai Ing-wen and the DPP are seeking high office. A word to the wise. Voters will not tolerate a political party that fabricates lies to reacquire power.

社論－炒作密會組頭是惡意抹黑
本報訊

針對最近炒得沸沸湯湯的「密會組頭」新聞，馬英九總統正式對民進黨提告，因為身為民進黨主席的蔡英文亦列共同被告，而首度寫下現任總統暨總統候選人控告另一位總統候選人的紀錄。在我國憲政史上，這個前所未見的先例，將讓總統候選人之間的司法攻防進入總統大選中。

某媒體日前爆料說，馬英九總統在今年九月十日，透過嘉義市長黃敏惠安排，密會「地下賭盤大亨」陳盈助，尋求資金與組織動員支持。該媒體並稱陳盈助在上屆總統大選，就曾以上億元政治獻金力挺馬英九。二○○八年馬首度參選總統時，為尋求支持，三度與陳碰面；馬總統密友金溥聰也曾在二○○九年縣市長選舉前與陳盈助會面。

馬總統從政以來一直以清廉形象著稱，即使若干施政受到批評，但至少他在個人操守的部分，已經贏得了國人的肯定與信任。相較於前任陳水扁的貪腐弊案，清廉已經成為馬英九最重要的政治資產，也是選民在作抉擇時的考量依據。正是因為如此，這則新聞宛如一枚震撼彈，顛覆了馬英九長期以來的正面形象，把藍營震得人仰馬翻，選情更是受到強烈衝擊。

這篇報導當然成為綠營重砲攻擊的素材，立委連番痛批馬英九在選前會見組頭，有操縱賭盤影響大選之嫌。民進黨主席蔡英文表示馬英九應該出面澄清並釋疑，民進黨發言人梁文傑則聲稱，據可靠消息指出，馬英九確曾於九月南下嘉義和陳盈助見面並募款三億。

總統府發言人范姜泰基立即否認報導，並亮出今年九月十日的所有行程，澄清當天沒有和陳盈助見面。而馬總統過去確曾兩度見過陳盈助，時間分別是二○○八年一月和二○○九年九月縣市長選舉之前，都是總統一般性地跟地方人士的懇談，而馬總統所有的政治獻金也都是依據法令處理。

但接著民進黨又指責馬總統於二○○九年九月與陳盈助碰面當天是到南部勘查八八風災，指責馬總統一面勘災、一面會組頭。其實最重要的，就是馬總統有沒有在今年九月十日和陳盈助見面，並尋求資金與組織動員的支持。如果今年九月十日確如總統府所言雙方沒有見面，那麼新聞最根本的立足基礎便已經不存在了。何況金溥聰被指與陳盈助見面的時間，他根本是在美國做訪問學者。以此項指控情節之重大，無論媒體或政客，都不能空口白話，必須拿得出更確鑿的證據才行。

為了反擊密會組頭說，國民黨主席馬英九決定以個人名義提告，對民進黨、民進黨發言人梁文傑提起民事訴訟。由於民進黨主席為法定代理人，因此蔡英文並列共同被告。被新聞點到名的黃敏惠、陳盈助，也分別對媒體提告。

坦白說，馬英九以總統之尊，在大選期間狀告對手政黨及其同為總統參選人的黨主席，有可能被對手進一步炒作成「司法迫害」，以被害意識喚起歷史創傷，凝聚團結並動員選票。司法程序亦有可能拖延甚久，在選戰過程中成為一大影響社會情緒的變數，而在激烈的對立氣氛下，最後的判決是不是能得到信服，真相是否能夠水落石出，也還在未定之天。

然而，很顯然的，馬總統認為有權透過法律捍衛自己的聲譽，而且以其身分敢直接訴諸司法，顯現對勝算有相當信心。與其一直打口水戰，索性拉高態勢反守為攻；即使司法判決來不及廓清是非，也要以自己的大動作來鄭重宣示清白。

選戰廝殺已經白熱化，差距如此接近，雙方都不能有分毫閃失。在宋楚瑜的參選下，腹背受敵的馬英九，面臨了更險峻的情勢，也因此不能容忍「密會組頭」傳聞繼續發酵。

其實，身兼黨主席，為了基層輔選，走訪地方樁腳，這是歷任總統都做過的事，藍綠皆然，李登輝如此，陳水扁亦復如是。民進黨倒該先交代民進黨執政八年，從陳水扁到兩任行政院長游錫?、謝長廷到底為何私會或拜訪他們口中的「黑金組頭」陳盈助？

在選戰殺紅了眼的時刻，要靠司法來釐清政治糾纏很難，也往往緩不濟急；但因為眾口鑠金，不提告彷彿默認，放任缺乏實據的無端抹黑，台灣的政治文化也將難以進步。

民進黨既要用烏賊戰術，打官司就是不得不為的最後防衛手段，畢竟「總統私會組頭，踩黑金地雷」，已經不只是馬英九個人聲譽，相關內容攸關國家元首的道德、操守、誠信和清白，豈容隨便一把糞潑頭而默不吭聲？選舉必然激烈，參選者都要受到檢驗，但是，不能用莫須有的情境硬扣抹黑。爭取大位的民進黨和蔡英文都得警覺，選民不會容忍栽贓的政黨重返執政。