Sunday, January 3, 2010

Jerome Keating: prosecutors abuse their power (附加中文翻譯)

中文翻譯 by 洪萱芳

Taiwan's Prosecutors Continue to Abuse Their Power
Friday December 25, by Jerome F. Keating Ph.D.

Taiwan's prosecutors continue to abuse their power in the Chen Shui-bian case as they set out on yet another fishing expedition. They recently announced a fourth round of indictments (22 people) in Chen's case. So far they have called in just about anyone and everyone that ever shook hands with Chen or offered to buy him a cup of coffee.

Why are so many indicted? Despite having kept Chen in jail so long that he cannot prepare a proper defense, the prosecutors do not have a solid case of their own. They need to continue fishing. They need to find someone who they can threaten, bully or cajole to at least forge or fabricate a story to comply with their position. Or they hope by constant indictments to force Chen to bargain with them.

Contrast this abuse of power by prosecutors with three of the most obvious pan-blue cases. First there is the flagrant open and shut case of ex-legislator Diane Lee who illegally ripped Taiwan's taxpayers off of some US$3 million. Lee has never spent a day in jail; Lee still enjoys the money. None of her bank accounts have been frozen. Lee has two passports and can easily skip the country with either one. Yet as she continues to spend the taxpayer's money, Lee's prosecutors are debating whether they should even charge her for anything. Further what about the many members of Lee's family, relations and fellow KMT party who knew of her duplicity. Chen's case is in its fourth round of indictments. Why then have none ever been indicted or even called in for questioning in Lee's case?

Contrast this with the fact that only one person (a lowly secretary) went to jail in the money-laundering case of Ma Ying-jeou. This man went to jail for nine months for putting about a half a million US dollars in Ma's bank account. The mind boggles when the public is asked to believe that one lone secretary is the only perpetrator guilty of all this corruption and not even for his own pocket. Why has Ma been able to funnel money into his personal and private "non-profit" foundation?

Contrast this with James Soong found guilty three times of similar money-laundering and corruption. Yet surprisingly Soong never spent a day in jail and no one else was indicted along with him? Soong only paid back taxes on lesser amounts. In all of this, what of the fact that ironically Soong has never had a job in the past decade.

How does a man without work for over a decade finance two costly political campaigns for the presidency and one for mayor of Taipei? Or were those campaigns also fronts for money laundering? Why has no one else ever been indicted in Soong's cases? Where has Soong gotten all the money for his campaigns, his property in the USA and his numerous bank accounts?

There is no question that a large sum of money has been moved in the Chen case; but large and larger sums of money have always been moved from Taiwan since 1949 when the Chinese Nationalist Party (KMT) fled China. With Taiwan's vague and loose laws on campaign contributions and special allowance funds etc. the issue remains why is it illegal for one person of one party and not for the thousands of others who have consistently done it before and continue to do it. Not only that, the KMT dominated Legislative Yuan has recently floated the idea that they want to change the laws so it can be done legally but this will happen only after they have persecuted Chen. All this is in the name of fighting corruption. Diogenes left town a long time ago.

Jerome F. Keating Ph.D. 譯者 / 洪萱芳2010/01/03

當台灣的檢察官啟動另一波渾水摸魚似的尋找罪證,針對陳水扁案,繼續濫用公權力。他們最近公佈陳案第四波的起訴名單 (約有 22 人)。到目前為止,他們已經傳訊幾乎所有曾經跟陳水扁握過手,或是請他喝過咖啡的人到案訊問。

為 什麼有這麼多人被起訴呢?儘管已經將陳拘禁在牢裡這麼久,使他無法好好準備對其有利的辯護證詞,檢察官至今還是沒有一個證據充足的案件。他們當然必須要繼 續渾水摸魚。他們必須找到一個他們可以威脅利誘的人,來迫使其至少能夠能編造或杜撰一個跟他們立場一致說詞。或者他們其實希望要用持續不斷起訴的手段,迫 使陳能夠跟他們達成協議。

我們比較陳案之檢察官濫用權力的情況,和三件最明顯的泛藍案件。第一件是前立法委員李慶安罪惡昭彰極易明瞭的案 件,其以非法的手段剽竊台灣納稅人美金三百萬的稅金。李慶安從未坐過一天牢獄;她還在享用這筆錢。她沒有任何一個銀行帳戶遭到凍結。她現在正擁有雙重國 籍,能夠使用其中一本護照,匆匆秘密?國。然而,李慶安一面花用納稅人的金錢,另一面檢察官卻仍在辯論是否該控告她任何罪名。不僅如此,對於很多早已知道 李慶安雙重國籍身分的家人、親屬好友、以及同黨同志,又該如何處置呢?陳水扁的案子已經進入第四波的起訴。為什麼李案到現在仍沒有任何人被起訴,被傳訊到 案,或以共謀關係訊問呢?

再與馬英九的洗錢案中事實上只有一個人入獄 (一位低職等的秘書) 相比較。這個人因為將約五十萬美金放到馬的私人銀行帳戶,而入獄九個月。非常令人難以置信的是,社會大眾竟被要求相信這個秘書是唯一的罪犯,還要為不是放 入他自己口袋裡的金錢,背負所有的貪汙罪名。但為什麼馬和李慶安一樣,也可以將錢集中到他私人帳戶以及所謂的 「非營利」 基金會呢?



在 陳的案件中,大筆的金錢匯到海外是毫無疑問的,然而自從 1949 年國民黨逃離中國之後,一直有大筆大筆的金錢從台灣匯往海外。在台灣鬆散且渾沌不明的選舉獻金及特別費的規範下,主要的問題一直都是,為什麼這些做法在某 一政黨的某一個人身上是違法的,而對其他曾經做過且繼續同樣做法的千百人,卻是無罪的!不僅如此,國民黨所主導的立法院,最近傳?一個想要修訂現行法律好 讓金錢可以合法匯往海外的消息,只是這個法律修訂必須在他們迫害陳水扁之後才能啟動。所有這些事都是以反貪污為名。包公歸來乎?馬無法,馬無天!


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