Ke Wen-je detained and denied visitation as court overturns second detention ruling

【Epoch Times September 5, 2024】Citizens Party Chairman and former Taipei Mayor Ko Wen-je has been accused of involvement in corruption and bribery in the Jinghua City Case. The Taipei District Court reopened the detention hearing today (5th), ruling that Ko Wen-je be detained and restricted from visitation, with the right to appeal. The court considered Ko Wen-je’s alleged involvement in the bribery offense under the Anti-Corruption Act to be significant.

The floor area ratio of the Jinghua City project in Taipei City increased from 392% during Ko Wen-je’s eight-year tenure as mayor to 560%, and then further to 840%. This sparked concerns of favoritism towards the Wei Ching Group, resulting in the highest ever floor area ratio for the Jinghua City project. Wei Ching Group Chairman Shen Ching-king was alleged to have bribed Taipei City Councilor Ying Hsiao-wei with NT$47.4 million (approximately US$1.56 million), asking her to lobby and apply pressure to city officials for the floor area ratio issue. Shen Ching-king and Ying Hsiao-wei were detained on charges of bribery involving abuse of duties.

The Taipei District Prosecutors Office initiated actions in the Jinghua City case on August 30, conducting searches and interviews. Prosecutors determined that Ko Wen-je and former Taipei City Deputy Mayor Peng Chen-sheng were involved in offenses such as accepting bribes and corruption under the Anti-Corruption Act, leading to their detention. The court initially ruled for Ko Wen-je’s release without bail on the 2nd, but the prosecution appealed. On the 4th, the High Court revoked the original decision and sent it back to the District Court for further ruling.

In the second detention hearing for Ko Wen-je on the 5th afternoon, around 5:15 pm, the Taipei District Court deemed the suspicion of Ko Wen-je’s involvement in bribery under the Anti-Corruption Act to be significant. The court found evidence suggesting Ko Wen-je’s potential of destroying evidence and colluding with accomplices or witnesses, consequently deemed the detention necessary. Ko Wen-je is now detained at the Taipei Detention Center with restricted visitation and communication rights.

Following the interrogation, Ko Wen-je did not dispute certain facts outlined in the plea application. The court highlighted Ko Wen-je’s knowledge of violating regulations by approving an excessive floor area ratio of over 560% for the Jinghua City project, leading to Shen Ching-king’s illegal gains exceeding NT$20 billion (over US$659 million). The suspicion of Ko Wen-je’s involvement in the bribery offense under the Anti-Corruption Act was considered significant by the court.

The court noted that while the formal elements of the bribery offense under Article 6 of the Anti-Corruption Act were met based on the plea application and the prosecution’s findings, it’s yet to be determined whether Ko Wen-je solely sought to benefit Shen Ching-king or if there was an agreement between them regarding the receipt of illicit funds in violation of their duties. Further investigation is needed to substantiate these claims.

Considering the evolving nature of the investigation and the gathering of evidence, the court emphasized the need to ensure Ko Wen-je’s future rights to challenge the accusations and the testimonies of witnesses. The court believed that in light of the severe nature of Ko Wen-je’s offenses under Article 6 of the Anti-Corruption Act, which carries a minimum sentence of five years imprisonment, there was a credible risk of evidence tampering or collusion with accomplices or witnesses.

To safeguard Ko Wen-je’s right to challenge accusations and testimony, as well as in the interest of public welfare, the court decided that detention was necessary as per the Criminal Procedure Law. Ko Wen-je will remain detained at the Taipei Detention Center with restricted visitation and communication rights.

Moreover, the court informed that appeals filed by Shen Ching-king and Wei Shun-min, assistant to co-defendant Ying Hsiao-wei, have been received, and these will be sent to the Taiwan High Court along with the full case files. However, Ying Hsiao-wei, the detained defendant in the same case, has yet to file an appeal with the District Court.

In addition, Peng Chen-sheng’s appeal was found to be lacking his signature, seal, or fingerprint. The court has advised Peng to make the necessary corrections, which remained pending as of 4:00 pm on the current day. The High Court stipulated a five-day deadline for Peng Chen-sheng to rectify the appeal. Failure to do so within the given timeline may result in the rejection of the appeal for non-compliance. Should Peng meet the legal requirements within the stipulated period, further decisions will be made by the High Court.

The Taipei District Court today ruled for Ko Wen-je’s detention and restricted visitation before transferring him to the Taipei Detention Center. Ko Wen-je boarded the prisoner transport vehicle around 5:50 pm today, handcuffed and maintaining silence. Around 90 police officers from New Taipei City Police Department were mobilized for security, with an additional 80 officers on standby, and Police Chief Liao Hsurn-cheng oversaw the operation outside the detention center.

In response to the court’s decision, the Citizens Party released a statement affirming its unwavering support for Ko Wen-je’s integrity amid the tumultuous period. The party raised concerns about the differing reasons behind the current detention ruling compared to the previous release decision, emphasizing that Ko Wen-je’s commitment to the approval of the excessive floor area ratio for the Jinghua City project was highlighted as a key factor in the decision-making process.

Furthermore, the party clarified that the floor area ratio issue was decided through a “consensus approval” process by the Urban Planning Review Committee and was not solely Ko Wen-je’s decision. In January of this year, the Taipei City Department of Urban Development also issued a press release stating that the change in the floor area ratio for the Jinghua City project was in line with “appropriateness, public interest, consideration of value, and legality.” The party questioned the court’s basis for concluding that Ko Wen-je knowingly violated the law.

The Citizens Party underscored Ko Wen-je’s dedication to promoting the prosperity of Taipei City and seeking the well-being of its citizens during his tenure as mayor. The party pledged unity and unwavering support for Ko Wen-je in upholding his innocence.

Amid the challenging times, the Citizens Party reiterated its commitment to stand united and uphold the party’s supervisory role as an opposition party. They vowed to uphold the founding principles of the party, emphasizing values of integrity, diligence, care for the people, and love for the homeland, as they continue on their steadfast path.

In the presidential and legislative election held in January of this year in the Republic of China (Taiwan), Citizens Party Chairman Ko Wen-je garnered 3.69 million votes, achieving a vote share of 26.46%. Ko Wen-je has recently been embroiled in a series of political scandals. In addition to the Jinghua City case and Ko Wen-je’s political donation case currently under investigation by the prosecution, there are five other controversial cases involving Ko Wen-je, including the North-Taipei Shihlin Technology Park land lease, the reconstruction projects of the First Fruit and Vegetable Market and the Fishery Wholesale Market, and the Nan Kang Transfer Station BOT case, accumulating a total of five contentious legal matters.