Prosecute Those Who Obstructed Investigation of the 3/19 Shooting Incident

Prosecute Those Who Obstructed Investigation of the 3/19 Shooting Incident
China Times editorial (Taipei, Taiwan, ROC)
A Translation
March 21, 2012

Summary: This is the eighth anniversary of the 3/19 Shooting Incident, which had a major impact on political and social evolution on Taiwan. Most people have been unwilling to revisit this event, which tore society apart. The key figures in the shooting incident were former president Chen Shui-bian and former vice president Annette Lu. Paradoxically, they are the very ones who have called on the Ma administration to reopen the case. The DPP legislative caucus has proposed the establishment of a fact-finding commission within the Legislative Yuan. These moves have left observers wondering. Maybe the shooting was a hoax after all?

Full Text below:

This is the eighth anniversary of the 3/19 Shooting Incident, which had a major impact on political and social evolution on Taiwan. Most people have been unwilling to revisit this event, which tore society apart. The key figures in the shooting incident were former president Chen Shui-bian and former vice president Annette Lu. Paradoxically, they are the very ones who have called on the Ma administration to reopen the case. The DPP legislative caucus has proposed the establishment of a fact-finding commission within the Legislative Yuan. These moves have left observers wondering. Maybe the shooting was a hoax after all?

The 3/19 Shooting Incident occurred eight years ago, on the eve of the presidential election. It is widely seen as the reason for the election upset. Two bullets allowed Chen and Lu to win re-election, by the slimmest of margins. Following the incident, the National Security Bureau and the president's right-hand man Chiou I-jen, replete with his Cheshire Cat smile, prevented Chang Shi-liang, former National Police Administration Chief, from entering Chi Mei hospital to investigate. As a result, over half the people do not believe the incident was a genuine assassination attempt.

Over the next four years, the ruling and opposition parties spent most of their time at loggerheads with each other. The Chen regime invited internationally renowned forensic scientist Henry Lee home to investigate. But even he could not gain the public trust. Eight years later, Henry Lee expressed regret. He conducted so many investigations. This one was a "minor case." But due to political factors, it was the most difficult one he ever dealt with.

As a forensic scientist, Henry Lee could only carry out forensic analysis of the physical evidence. He discovered the vehicle used during the presidential campaign had not been properly taken into evidence. This raised eyebrows. Some think those in charge may even have replaced the car's windshield. If so, Henry Lee's painstaking forensic analysis was all for naught.

Henry Lee even cited "CSI: Crime Scene Investigation," a TV series the public on Taiwan is familiar with. He said real world cases are handled very differently from the way they are depicted on TV. To conduct a proper investigation one needs a good team. One needs good detectives, crime scene investigators, forensic specialists, medical examiners, and prosecutors. The TV series was correct about one thing. The physical evidence must be analyzed as soon as possible. The chain of custody must be maintained to avoid suspicion that it has been altered or damaged. Failure to do so could lead to questions about the credibility of the investigation. That is how we know the investigation of the 3/19 Shooting Incident was carried out reluctantly, under unprofessional circumstances.

The crime scene was also the scene of a mass gathering. It was almost completely destroyed. The two bullets were retrieved long after the incident took place. The authorities used the bullets to find the pistol. They used the pistol to find the suspects. They tracked the pistol to Tang Shou-yi, the maker of the pistol. But was this home-made pistol really powerful enough to fire two rounds in a matter of seconds? No one can answer this question. The pistol was tracked to its owner, Chen Yi-hsiung. But he was already dead. Not only had he drowned, he had been hastily cremated, without a post-mortem, in contravention of normal procedure. It is now impossible to determine whether Chen Yi-hsiung drowned, or was already dead when he landed in the water.

Annette Lu was shot. She has never believed the police and prosecutors' account of the 3/19 Shooting Incident. She has long suspected that she was the real target. Alleged gunman Chen Yi-hsiung's family members have long maintained that there was sufficient evidence to prove he was the perpetrator. They want Chen Yi-hsiung's name cleared. But the case was mishandled. Discovering the truth at this late date is no longer possible. None of the questions have been answered over the past eight years. Many members of the public have offered their own accounts of the incident. Academia Sinica researcher Chu Hung-yuan says the 3/19 Shooting Incident was unquestionably a hoax. He even claims to have three witnesses. All he needs is for the case to be reopened.

Lest we forget, eight years ago the KMT established a Truth Commission within the legislature. The Chen regime could easily have cooperated with the Truth Commission investigation and proved Chen Shui-bian's innocence. It could easily have proved that he did not orchestrate a false flag operation. Instead, Chen did everything in his power to obstruct the investigation. He even declared an "executive right of resistance." Former Justice Minister Wang Ching-feng attempted to investigate. Chen denied her access to the information and the witnesses. Her efforts ran into a brick wall, and went nowhere.

Eight years ago, Chen Shui-bian and the DPP refused to uncover the truth. Now suddenly, eight years later. they want the current legislature to establish a fact-finding commission to uncover the truth. The two bullets are in the custody of the CIB. But what other evidence can legislators examine? Then presidential bodyguard Chen Chai-fu made a last moment phone call to Chen Shui-bian. Just exactly what was the call about? And what about the vehicle they used. None of these will help us discover the truth. Does the DPP expect Chen Chai-fu to confess that he orchestrated a hoax? Former CIB Commissioner Hou Yu-yi is now Xinbei City deputy mayor. Does the DPP expect him to confess that he conspired with Chen Shui-bian to fake the grazing wound on his abdomen? Does the DPP expect former Agricultural Minister and former National Security Council Secretary-General Chiou I-jen to confess that the shooting was a hoax, and that Chen Shui-bian was its mastermind?

Chen Shui-bian and the DPP's biggest mistake eight years ago was to stonewall the Truth Commission, and to flatly refuse to allow a credible investigation to take place. They left a black mark on the island's history that can never be erased. This black mark haunts Chen Shui-bian. The people do not trust Chen Shui-bian. They do not believe the 3/19 Shooting Incident was a genuine assassination attempt. They believe the Chen regime orchestrated a false flag operation against itself. Chen wants the Ma administration to reopen the case. Chen knows the Ma administration cannot possibly uncover the truth. The public knows this. The Ma administration can do one thing however. It can prosecute the police, the prosecutors, and the national security personnel who obstructed the fact-finding process. It can make them pay for concealing the truth, and for dividing the nation.

中時電子報 新聞
中國時報 　2012.03.21
社論－嚴懲阻礙319槍擊案真相調查者
本報訊

影響台灣政治社會重大的「三一九槍擊案」八周年，本來沒有多少人願意再想起這個撕裂社會的案件，偏偏槍擊案當事人、前正副總統陳水扁與呂秀蓮都呼籲馬政府重啟調查，民進黨立院黨團更將提案在立法院成立真相調閱委員會；種種動作直令人匪夷所思，難不成這起槍擊案還真是造假的？

三一九槍擊案發生在八年前的總統大選前夕，一般相信這也是讓選情逆轉的關鍵，兩顆子彈讓陳、呂以極小票差當選連任；但是，事發後包括國安局和總統身邊左右手邱義仁等神祕的微笑，或阻擋前警政署長張四良進入奇美醫院探視，搞得舉國大半民眾不相信此案真偽。

接續下來的四年中，有大半時間是在朝野嚴重對立的情勢下度過，即使扁政府請回國際知名鑑識專家李昌鈺返國調查，還是無法取信於國人。整整八年之後，李昌鈺感慨，這個案子在他辦過這麼多案件中「算是小案」，然而政治因素的壓力卻是最大。

身為鑑識人員，李昌鈺只能就現有證物進行鑑識。他回國的時候，總統競選座車有沒有妥善保管不無疑問；迄今甚至有人相信有關單位可能根本就把座車的擋風玻璃換掉了；如果此說為真，那李昌鈺的任何鑑識都是枉然。

李昌鈺還以國人非常熟悉的《ＣＳＩ犯罪現場》舉例，辦案的真實情況和影集差距甚遠，辦好一件案子要有好的團隊，包括優秀的刑警、現場人員、鑑識人員、法醫和檢察官等等。然而，單就影集裡任何現場物證一定要在最短時間送驗，中途不得逗留以避免變造或毀損的可能，連引發無謂的揣測都不行，就可以知道三一九槍擊案是在多麼不專業的情況下勉強查辦。

不要說事發現場是一個群眾場合，幾乎全毀，兩顆子彈的彈頭還是事後街上撿回來的；即使以彈追槍，以槍追人，追到了造槍的唐守義，但這把土製手槍真能這麼厲害的在短短數秒內擊發兩彈嗎？這個疑問到現在沒人能給一個答案；由槍還追到了用槍的陳義雄，然而，追到人之後，此人不但已經溺水，甚至未經正常程序驗屍即在最短時間內火化，到現在已無人可以再調查陳義雄到底是落水死亡，或落水前即已身故。

挨彈之一的呂秀蓮始終不相信三一九槍擊案的真相確如檢警當時的調查，甚至始終懷疑槍手根本是衝著她而來；被視為用槍者陳義雄的家屬迄今都認為沒有足夠證據認定陳是嫌犯，要求還給陳義雄和他們一個清白。但是，錯失辦案的第一時間，再想追索真相簡直就是緣木求魚；八年來所有的疑問都無法得到答案，民間調查版本紛紛出爐；中研院研究員朱浤源指證三一九槍擊案確係造假，甚至他還聲言掌握「三位核心證人」，就等重啟調查。

但是，別忘了，八年前國民黨在立法院成立真相調查委員會的時候，最可配合調查以證明自己清白沒造假的扁政府，傾全力抗拒，甚至行使「行政抵抗權」；參與調查的前法務部長王清峰不論想調閱任何資料，或詢問任何相關人等，全部碰壁，無功而返。

八年前拒絕調查真相的陳水扁和民進黨，突然在八年後想通了，要在立法院成立調閱委員會追查真相。但是，除了還擺在刑事局的兩顆子彈，請問還能留下什麼資料給立委調閱？當年身為總統侍衛長的陳再福最後一通電話到底是給陳水扁買碗粿，或者變更宣傳車內容，都無助於釐清真相，民進黨是要陳再福承認配合造假？還是要已轉任新北市副市長的前刑事局長侯友宜承認配合陳水扁的腹遭彈擊擦傷？或要卸任務農的前國安會秘書長邱義仁承認安排造假？還是要陳水扁承認主導造假？

陳水扁和民進黨犯的最大錯誤就是在八年前阻擋真調會。全面抗拒可讓民眾信賴的調查，讓台灣民主政治烙下一個永難抹滅的恥辱。這個恥辱同樣標記在陳水扁身上，民眾不信任陳水扁、不相信三一九槍擊案，也是扁政府自己造成的。要求馬政府重啟調查，可以預見查不出真相，但是至少可以做到一件事：嚴懲所有在過程中阻礙真相調查的檢警調和國安人員，讓他們付出真相難明撕裂社會人心的代價。