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Supreme Court clears President-elect of corruption charges

ROC Central News Agency

2008-04-24 19:33:16

    Taipei, April 24 (CNA) President-elect Ma Ying-jeou was acquitted Thursday by the Supreme Court of charges of corruption and breach of trust related to the use of a special allowance fund during his term as Taipei mayor from 1998 to 2006.

    Closing a case that had undergone two appellate proceedings, the highest-level of Taiwan's judiciary affirmed the Taiwan High Court's ruling that Ma was not guilty of the charges.

    The Supreme Court said the appeal by the prosecution against the ruling was invalid because it failed to present any argument against claims by the Taiwan High Court that Ma had no intention of embezzling from the fund and did not obtain the money through "fraudulent means."

    Ma was indicted on Feb. 13, 2007 on charges of embezzling NT$11.17 million from a special allowance fund designated for his discretionary use during his mayoral terms. The funds in question were set aside to cover the mayor's job-related expenses.

    The prosecutor in charge of the case claimed that Ma transferred half of the public funds to his personal bank account every month, keeping that portion which was not used as his personal income, with the knowledge that they were public funds.

    The prosecutor claimed that although the government's regulations allow the mayor to use half of the fund by simply signing a receipt instead of providing vouchers to account for his spending, the money should go towards job-related spending and that any remaining funds should be returned to the government's coffers.

    However, the Taipei District Court acquitted Ma of the charges on Aug. 14, 2007, saying that half of the special allowance funds paid to executives holding public office are meant as salary subsidies and that as soon as the payment is made, the receivers are authorized to spend the money at their discretion, without having to provide proof of spending.

    The practice is established by the Cabinet and should not be considered "fraudulent," according to the district court's verdict.

    The prosecution appealed the ruling to the Taiwan High Court on Aug. 17, but the ruling was affirmed by the high court on Dec. 28.

    Undeterred, the prosecution appealed the ruling to the Supreme Court on Jan. 9.

    While the Supreme Court maintained the high court ruling that Ma was not guilty, it, however, expressed its disagreement with claims by the district court and high court that half of the special allowance funds are meant as some kind of "salary subsidies."

    Although no proof of spending is required, this part of the funds must also be used on job-related expenses, according to the Supreme Court's verdict.

(By Y.F. Low)

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