Breaking The Golden Thread

"Throughout the web of the English Criminal Law one golden thread is always to be seen, that it is the duty of the prosecution to prove the prisoner's guilt . . ."

Viscount Sankey LLC in Woolmington v. DPP  [Just how ironic is THAT case name? — The Foreigner]

From today's Taipei Times:

[A spokesman] later said [Taiwan's] Presidential Office was in favor of [changes to a Taiwanese law] if "a balance could be reached between presumption of innocence and public impression of the suspect."  [emphasis added]

Taiwanese President Ma Ying-jeou must have learned some VERY cutting-edge legal theories when he earned that PhD in law from Harvard University.  So cutting-edge in fact, that Ma's standard of justice shares less in common with Lord Sankey's than with China's Cultural Revolution.

Might make for a good reality TV program, though.  Let's call it, "The People's Republic Court".  All Taiwan needs to do is find some KMT Judge Wapner wannabe — he can be in charge of the "presumption of innocence" part of the verdict.  Meanwhile, a special 1-800 number at the bottom of the screen could allow viewers to vote, in order to give weight to the "public's impression of the subject." 

At the trial's conclusion, a television producer of unusual probity and wisdom would be on hand to split the difference.  To reach the delicate equilibrium of justice.  Ma's balance point, if you will.

All of Taiwan owes Ma Ying-jeou a debt of gratitude.  It was high time SOMEBODY finally put the "Show" back into the Show Trial!


Postscript:  Now we know how sincere the KMT was when they decried populism in Taiwanese politics.  Over there at Harvard, Ma's former law professors ought to hang their heads in shame.


UPDATE:  Despite his many critics and political enemies, President Richard Nixon NEVER had his secret service protection stripped from him by the American Congress, as Taiwan's KMT now proposes to do to former President Chen Shui-bian.

(Nixon did however, voluntarily waive his secret service protection roughly ten years after he resigned from office.)

3 thoughts on “Breaking The Golden Thread”

  1. “You can fool some of the people all of the time and all of the people some of the time, but you can’t fool all of the people all of the time.”
    US President Abraham Lincoln
    Well of course, you can fool some of the people all of the time, and all of the people some of the time but President of the ROC Ma Ying-jeou like British Prime Minister Gordon Brown are both seemingly arrogantly stupid enough to believe in their ability to, fool all of the people all of the time.
    Damian Green MP arrested
    http://tw.youtube.com/watch?v=POjorjwfnZ0
    Exclusive Footage Police Raid of Damian Green’s Office by Anti Terror Police
    ttp://tw.youtube.com/watch?v=5Q2zo6vHjWY
    Quote
    Damian Green MP would like to thank all those who have contacted him through this website.
    The following statement was made by Damian Green MP after his release from questioning by the Metropolitan Police on Thursday.
    A Statement by Damian Green MP
    “I am astonished to have spent more than nine hours today under arrest for doing my job. I emphatically deny that I have done anything wrong. I have, many times, made public information that the Government wanted to keep secret. Information which the public has a right to know. In a democracy opposition politicians have a duty to hold the Government to account. I was elected to do precisely that, and I will continue to do so.”
    UnQuote
    http://www.damiangreen.org/index.jsp
    Quote
    In an emergency statement to the Commons last Wednesday, Mr Martin denied authorising the police raid but revealed he had been warned twice by the Serjeant at Arms – the most senior security official in the House of Commons – that it was imminent. Many MPs are angry that Mr Martin failed to seek advice on the legality of such a raid.
    UnQuote
    http://thescotsman.scotsman.com/latestnews/Has-Mr-Speaker-lost-the.4769773.jp
    Commons Speaker faces angry MPs
    http://tw.youtube.com/watch?v=aMCH1GaJE8k
    Best and Warm Regards
    Adrian Wainer

  2. “All Taiwan needs to do is find some KMT Judge Wapner wannabe — he can be in charge of the “presumption of innocence” part of the verdict.”
    Got one for ya. Don’t even have to find (see: 葉盛茂重判10年 當庭癱軟 http://www.libertytimes.com.tw/2008/new/dec/5/today-p6.htm ):
    “本案合議庭審判長是李英豪、受命法官曾正龍、陪席法官楊台清。
    法官並在判決書指出,扁家海外資金,應有部分來自國務費所得。”
    In the case of 葉盛茂, who was sentenced to 10 years in jail on 12/5, the judge 曾正龍 writes in the official sentencing document:
    “Part of Bian (Chen, Shui-bian, CSB) family’s foreign deposit ***should*** come from 國務費”
    Because CSB says that his foreign deposit comes from people’s donation to his campaign during the past decades or so, KMT can’t pin him with the charge of corruption because the money belongs to either CSB or DPP but not to the government or Taiwanese.
    The only way KMT can charge him with corruption is to prove that Bian family’s foreign deposit does include 國務費, which is government’s money. The judge 曾正龍 wrote his wishful thinking into official document without any proof.

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