Chen Tsung-ming was installed as procurator-general only a couple of months ago.Many people are calling for his resignation, however.Among them are his own subordinate prosecutors and opposition lawmakers who did not want to confirm his appointment by President Chen Shi-bian.
One of the subordinate prosecutors, Chen Jui-jen who indicted first lady Wu Shu-chen on November 13 last year, came out in the open to urge the procurator-general to step down for failure to uphold the independence and dignity of the judiciary.The nation’s highest-ranking prosecutor took part in two dinner parties where he met two people subjected to criminal investigation.
One of them was Huang Fang.yen, the first lady’s family doctor Chen Jui-jen questioned in connection with her corruption case which is being tried.The doctor was found to have helped the first lady acquire gift vouchers in exchange for her assistance in a questionable takeover of one of Taiwan’s largest department store chains.He was not prosecuted simply because he was not a public functionary.The first lady was charged with borrowing receipts and bills from friends and relatives to claim a NT$14.8 million reimbursement from a public fund under her husband’s control for the conduct of “affairs of state.”President Chen, who claimed the money was used spent for his “secret diplomacy,” was not indicted, because he is constitutionally immune against prosecution, but was regarded as an unindicted co-defendant who will be formally charged on leaving office.
The other person Chen Tsung-min met was Chiang Sung-hsi, a wealthy businessman once investigated for insider trading.His wife was one of the friends from whom the first lady had borrowed receipts.They met at the official residence of Wang Jin-pying, president of the Legislative Yuan.In an expose, The Next magazine alleged the meeting was a party the procurator-general gave to thank the parliament speaker for help in getting his confirmation at the legislature.The allegation was denied by Chen Tsung-ming, who, however, admitted he attended the party together with five prosecutors, one of whom had investigated the businessman.
Of course, there isn’t evidence proving Chen Tsung-ming did something wrong.But as the top prosecutor of the country, he shouldn’t have attended the dinners to lay himself open to suspicion.As a matter of fact, he has to set a good example for his subordinate prosecutors, and Chen Jui-jen is demanding that he resign for failure to do so.
If the procurator-general wants to stay on, he can’t be forced to quit.He has a four-year tenure legally guaranteed.If the independent Control Yuan were functioning, he could be investigated and censured or impeached.Once impeachment, he might be fired. But President Chen has suspended the nation’s highest watchdog body for two years, and his appointment of the procurator-general was approved, thanks to the full support of all People First Party lawmakers, who never hid the secret of voting for him simply to repay the favors he did their chairman James Soong charged by the Kuomintang with embezzling its coffers in the run-up to the presidential election of 2000.Charges against Soong were dropped.
（本文刊載於96.03.12 China Post第4版，本文代表作者個人意見）
