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進入《TAIPEI TIMES 焦點》 Justice minister testifies in defendants’ rights case
The Council of Grand Justices yesterday at the Judicial Yuan holds a debate over whether former Taipei city councilor Lai Su-ju has the right to directly access case files while in custody. Photo: Liu Hsin-de, Taipei Times
ACCESS: The Council of Grand Justices is working out a constitutional interpretation after Lai Su-ju’s defense team was denied access to her corruption case files
By Jason Pan / Staff reporter
In an unusual move by top judicial officials, Minister of Justice Luo Ying-shay （羅瑩雪） took the stand at yesterday’s opening session at the Council of Grand Justices on its constitutional interpretation regarding the rights of defendants, an issue that was raised in the corruption case of former Taipei City councilor Lai Su-ju （賴素如）.
Luo led judges from district courts, high court branches and the Supreme Court to attend yesterday’s constitutional interpretation into “defendants’ rights to direct access to case files in criminal proceedings” （閱卷權）, which was challenged by Lai’s legal team.
A member of Chinese Nationalist Party （KMT） and a confidante of President Ma Ying-jeou （馬英九）, former councilor Lai was implicated in a corruption scandal in 2013 after being accused of taking bribes in the high-profile Taipei Twin Towers （台北雙子星） development project, located next to Taipei Railway Station.
While detained, Lai said her legal team were not permitted to access her case files during the bail hearing, as judges cited the principle of judicial independence, saying allowing them to access the files might interfere in the prosecution, and that open access to the files should not be allowed.
Lai and her lawyers argued that denial of access was unconstitutional, and that it violated people’s rights in the judicial process and the right of personal freedom, so they appealed to the Council of Grand Justices for a constitutional interpretation.
The judges said their decision was also based on provisions in the Code of Criminal Procedures （刑事訴訟法）, where articles prohibit access to case files by defendants and their lawyers that might interfere in the investigation and judicial progress of the case.
Yesterday’s session was seen as a legal battle between Lai and Minister of Justice Luo, and was presided over by all 15 grand justices, with the bench headed by Judicial Yuan President Rai Hau-min （賴浩敏）.
When taking the stand, Luo said she had to appear in person to defend the judiciary.
“Prosecutors do not falsely accuse the innocent, and they do not let criminals go free,” Luo said. “If the authority of prosecutors continues to come under attack, and yields to pressure to allow access to case files, then most judicial investigation cases cannot proceed, because vital information that should be kept secret will be revealed.”
“There have been 25 cases of interference in judicial investigation, such as instructing the defendant to make false statements, and information leaked to suspects still at large, after lawyers read case files on criminal proceedings,” Taipei District Prosecutors’ Office Head Prosecutor Tsai Pi-yu （蔡碧玉） said on the stand.
However, Lai said her human rights were being violated by denial of access to case files.
“The judiciary should not hide behind the need to keep investigations under wraps and for the prosecution side’s own interests while they use it to violate people’s personal freedoms,” Lai said.
新聞來源：TAIPEI TIMES
