Press Conference on the JRF's Top 10 Judicial News Stories of 2002

As the bustling year of 2002 draws to a close, to reflect on the past year and look forward to the next, the Judicial Reform Foundation specially invited court-beat journalists, along with our executive and working committee members (the vast majority of whom are lawyers and law professors), to jointly vote on the year's most high-profile top 10 judicial news stories between December 19, 2002, and December 25, 2002.

Top 10 Judicial News Stories of 2002

Rank 1: Vice President Lu vs. The Journalist Case

On April 11, in Vice President Lu's defamation lawsuit against The Journalist, the court of first instance ruled against The Journalist Editor-in-Chief Yang Chao, ordering an astronomical compensation fee of over one hundred million NTD for reputational restoration. On December 13, although the court of second instance reduced the cost of reputational restoration, The Journalist Publishing House, its publisher, editor-in-chief, editors, and reporters were all held jointly and severally liable.

Rank 2: Tseng Wen-huei vs. Hsieh Chi-ta and Feng Hu-hsiang Case

On March 27, in the mutual defamation suits between Tseng Wen-huei, wife of former President Li Teng-hui, and former legislators Hsieh Chi-ta and Feng Hu-hsiang, the court of first instance acquitted both parties. On December 12, the court of second instance overturned the ruling, finding Hsieh Chi-ta and Feng Hu-hsiang guilty and sentencing them to three and four months of imprisonment, respectively.

Rank 3: Sino-Ruby Case Triggering Massive Investigations by Prosecutors and Investigators

On September 16, Su Hui-chen, a major shareholder of Sino-Ruby Company, accused former Kuomintang Investment Committee Chairman Liu Tai-ying of defrauding one billion NTD in commissions. On October 18, former Taiwan Fertilizer Chairman Hsieh Sheng-fu and Cheng-wei Company head Li Ming-che were subjected to requests for detention by prosecutors on corruption and breach of trust charges. On November 28, the Taipei District Prosecutors Office requested the Taipei District Court to detain Liu Tai-ying, but the request was rejected, sparking dissatisfaction and an appeal by the prosecutors. On December 12, the Taiwan High Court revoked the Taipei District Court's original ruling. On December 25, National Security Council Advisor Yu Chen Yueh-ying was transferred for investigation and released on a NT$500,000 bail.

Rank 4: Passage of Amendments to the Code of Criminal Procedure, Adopting the Modified Adversarial System and Suspended Prosecution System

Articles 161 and 163 of the Code of Criminal Procedure were amended and passed through third reading, adopting the so-called modified adversarial system and incorporating a suspended prosecution system to reduce the sources of litigation, thereby ensuring prosecutors genuinely fulfill their responsibility of bearing the burden of proof and conducting public prosecutions.

Rank 5: Investigation Agencies Search Next Magazine

On March 20, following a formal report filed by the National Security Bureau alleging that Next Magazine published extensive reports on state secrets and suspected offenses against the state, the Taiwan High Prosecutors Office searched the Next Magazine offices. On September 27, the Ministry of National Defense stated it was inconvenient for them to authenticate the classified materials seized by the investigation agencies.

Rank 6: Closing Arguments in the Retrial Case of Su Chien-wen and Two Others

On December 5, closing arguments were held in the retrial of the three death row inmates in the Su Chien-wen case. After more than two years of proceedings by the Taiwan High Court, a verdict was finally scheduled to be announced on January 13, 2003.

Rank 7: Prosecutors from Kaohsiung and Taichung District Prosecutors Offices Implicated in "Flower-Drinking" Hostess Bar Scandal

On October 24, three prosecutors, including Wang Chao-chen from the Kaohsiung District Prosecutors Office, were implicated in a suspected hostess bar drinking scandal; Minister of Justice Chen Ting-nan barred the three prosecutors from entering their offices. On October 27, a shooting incident at the Golden Leopard Hotel in Taichung surfaced, involving allegations of disciplinary violations by prosecutors and police personnel invited to drink at hostess bars.

Rank 8: Chu Mei-feng Hidden Camera Voyeurism Scandal

On January 28, Chu Mei-feng decided to file charges against former Hsinchu Mayor Tsai Jen-chien over the hidden camera video scandal. On February 17, the Taipei District Prosecutors Office indicted 11 individuals involved, with Tsai Jen-chien, Kuo Yu-ling, and Shen Yin-jung listed as defendants. On June 25, Chu Mei-feng filed a petition with the Taipei District Court to withdraw charges against former Hsinchu Mayor Tsai Jen-chien. On July 25, the Taipei District Court delivered its first-instance verdict, finding 6 defendants including Kuo Yu-ling guilty, while Tsai Jen-chien and Kao Chun-chun had their public prosecutions dismissed.

Rank 9: Ear-Licking Scandal Involving Acting Minister of Health Tu Sing-tsung

On October 2, media outlets used front-page news to insinuate that Acting Minister of Health Tu Sing-tsung was involved in a sexual assault incident. On October 3, Legislator Lee Ching-an brought whistleblower Cheng Ke-jung forward, and Tu Sing-tsung went to the Taipei District Prosecutors Office to file charges against Lee Ching-an and Cheng Ke-jung. On October 5, Tu Hao-lin stepped forward, and Lee Ching-an formally admitted her mistake, apologizing to Tu Sing-tsung. On November 6, Tu Sing-tsung filed additional defamation charges against Hsu Chun-ying and Yang Fu-mei.

Rank 10: Prohibition of Bringing Photographic Equipment into Courts Without Permission

On April 18, the Judicial Yuan issued a circular letter to all courts instructing that citizens and media reporters entering courtrooms are strictly prohibited from bringing photographic and recording equipment into the courts without permission.

Looking broadly at the top 10 judicial news stories voted on this year, seven of them involved major high-profile cases capturing widespread public attention, while news related to the Judicial Yuan, the Ministry of Justice (prosecutors), and legislation accounted for one story each. This demonstrates that individual cases still garner more public concern than systemic changes.

This Year Was a Year of "Calamities Flowing from the Mouth"

Notably, several shortlisted individual cases—such as the top-ranked "Vice President's Lawsuit Against The Journalist," the second-ranked "Mutual Defamation Lawsuit Between Former First Lady Mrs. Tseng Wen-huei, Hsieh Chi-ta, Feng Hu-hsiang, and Others," and the ninth-ranked "Acting Health Minister Tu Sing-tsung Ear-Licking Scandal"—all involved offenses against reputation or criminal defamation lawsuits. Meanwhile, in the third-ranked "Sino-Ruby Case," Sino-Ruby major shareholder Su Hui-chen transitioned from a whistleblower and exposer to a target summoned and detained by prosecutors and investigators in just a few months. Thus, stating that 2002 was a year where "calamities flowed from the mouth" is no exaggeration at all.

Both the Media and Prosecutors Suffered an Unfavorable Year

Furthermore, given the first-ranked "Vice President's Lawsuit Against The Journalist" where The Journalist suffered crushing defeats in both the first and second instances; the fifth-ranked "Investigation Agencies Search Next Magazine on Grounds of Endangering National Secrets"; and the eighth-ranked "Chu Mei-feng Hidden Camera Voyeurism Scandal," which resulted in multiple individuals at the magazine that exclusively published and bundled the hidden camera video being found guilty by the first-instance court—and even the tenth-ranked Judicial Yuan announcement "Prohibiting Bringing Photographic Equipment into Courts Without Permission," which triggered widespread grievances among news media: some of these sparked controversies over infringements on press freedom, while certain media outlets bore criticisms of lacking professional ethics. Regardless, it is an undeniable fact that the media sector had an "unfavorable year."} Additionally, the successive outbreaks in late October of the seventh-ranked scandal involving prosecutors from the Kaohsiung and Taichung District Prosecutors Offices frequenting red-light districts for hostess bar drinking, which enraged Minister of Justice Chen Ting-nan and sparked his determination to impose strict punishments, demonstrate that 2002 was also a turbulent autumn for the Ministry of Justice and prosecutors.

Passage of Amendments to Articles 161 and 163 of the Code of Criminal Procedure Transforms Taiwan's Criminal Procedure System

Although the "Passage of Amendments to the Code of Criminal Procedure, Adopting the Modified Adversarial System and Suspended Prosecution System" ranked fourth overall in judicial news for the year, it was voted by the JRF as the top major judicial news story. Because adopting the modified adversarial system in criminal procedure—with the implementation of cross-examination and increased burdens of proof for prosecutors—will not only alter the functional structure among the bench, prosecution, and defense, but also exert a decisive impact on "discovering the truth" and "protecting the human rights of criminal defendants." Therefore, the Legislative Yuan's passage of the amendments to Articles 161 and 163 of the Code of Criminal Procedure has fundamentally transformed our nation's criminal procedure system.

Retrial Case of Su Chien-wen and Two Others Sets Multiple Records in Taiwan's Criminal Trial Practice

The sixth-ranked retrial case of Su Chien-wen and two others featured argument hearings that lasted for three consecutive days. Because this retrial set multiple records in Taiwan's criminal trial practice—such as three collegiate bench judges participating throughout the evidence investigation and trial, three Taiwan High Prosecutors Office prosecutors attending court throughout to execute public prosecutions, the defendants' pro bono defense counsel extensively utilizing computers, projection equipment, instruments, and even physical knives as supplementary tools for debate, and court clerks utilizing digital audio recordings to compile verbatim transcripts—this retrial remained a major high-profile case capturing societal attention after more than two years.

Of course, in addition to the top 10 judicial news stories voted on above, the JRF also specially compiled a ranking of the "Missed Opportunities" of 2002.

Ranking of 2002 Judicial News "Missed Opportunities"

• Missed Opportunity 1:

  Kaohsiung City Council Speaker Vote-Buying Controversy: On December 26, newly elected Kaohsiung City Council Speaker Chu An-hsiung was questioned over dark-money vote-buying. Minister of Justice Chen Ting-nan and Judicial Yuan Secretary-General Yang Jen-shou traded barbs from afar, triggering cross-institutional tensions.

• Missed Opportunity 2:

  Legislative Yuan Formally Abolishes the "Statute for the Punishment of Bandits": On January 7, the Legislative Yuan passed the third reading to abolish the "Statute for the Punishment of Bandits," officially drawing a close to a statute that had lost its validity as early as April 8, 1945.

• Missed Opportunity 3:

  Supreme Court Rejects Extraordinary Appeal in the Hsu Tzu-chiang Case, Prompting the JRF and Other Groups to Launch the "Suspension of Death Penalty Execution Movement"

  On November 18, the extraordinary appeal in the Hsu Tzu-chiang case was rejected. Human rights organizations including the JRF petitioned Minister Chen Ting-nan to suspend the execution of the death penalty and requested the Prosecutor-General to file a third extraordinary appeal.

Understandably, the "Kaohsiung City Council Speaker Vote-Buying Controversy," which simultaneously embarrassed the KMT, DPP, and PFP while indirectly sparking a war of words between Minister of Justice Chen Ting-nan and high-ranking Judicial Yuan officials, became a missed opportunity for this year's top 10 judicial news not because its impact was insignificant, but because it broke out after this voting event concluded. Additionally, the two news stories voted by the JRF as the sixth and seventh places—"Legislative Yuan Formally Abolishes the 'Statute for the Punishment of Bandits'" and "Supreme Court Rejects Extraordinary Appeal in the Hsu Tzu-chiang Case, Prompting the JRF and Other Groups to Launch the 'Suspension of Death Penalty Execution Movement'"—although failing to gain corresponding favor from court reporters, either involved highly controversial and important legislation or represented issues that society—championing a nation built upon human rights and tolerating no judicial miscarriages or wrongful executions—should seriously contemplate. Consequently, they were listed in this year's "Missed Opportunities" ranking for reference by all sectors of society.