PROSECUTORS CONFIDENT IN CHEN SHOOTING

UNCLAS SECTION 01 OF 02 TAIPEI 001076

SIPDIS

SENSITIVE

DEPT PASS AIT/WASHINGTON

DEPT FOR EAP/RSP/TC

FROM AIT KAOHSIUNG BRANCH OFFICE

E.O. 12958: N/A
TAGS: PGOV TW
SUBJECT: PROSECUTORS CONFIDENT IN CHEN SHOOTING
INVESTIGATION


1. (SBU) Summary. In a conversation with AIT/K,
Tainan Prosecutors investigating the 19 March 2004
shooting of President Chen and Vice President Lu
expressed confidence that their investigation had
narrowed to a single, most likely perpetrator -- Chen
Yi-hsiung, an unemployed 64-year-old man from Tainan,
who had expressed dissatisfaction with President Chen
Shui-bian. Prosecutors insisted the timing of their
announcement of the suspect had nothing to do with
political concerns, including planned rallies by
opposition parties scheduled for the March 19
anniversary of the shooting incident. The prosecutors
also said they expect no attempt by the Chen
administration to influence their decision whether or
not to indict Chen Yi-hsiung's family members for
withholding evidence critical to the investigation.
End Summary


2. (SBU) The Chief Prosecutor in Tainan, charged with
investigating the March 19, 2004, shooting of President
Chen and Vice President Lu, told AIT/K the announcement
that Chen was the prime suspect was based on a year-
long investigation consisting of more than 1000
interviews. Progress was slow until investigators
determined that Tang Shou-yi of Tainan had manufactured
both the weapon and the ammunition used in the
shooting. Tang, in turn, revealed to investigators the
names of 80 customers to whom he had sold weapons. One
of these was Chen Yi-hsiung, who, according to
prosecutors, is a relative of Tang. Based on this
information and the resemblance of Chen Yi-hsiung to a
person videotaped leaving the scene of the shooting,
prosecutors were able to secure a warrant to wiretap
the phones of Chen Yi-hsiung's wife, son, daughter and
daughter-in-law. Evidence developed from the wiretap
included conversations among the four relatives
discussing disposal of the gun and of incriminating
suicide notes left by Chen, who had drowned nine days
after the shooting. Chen's drowning had been initially
classed as an accident. However, based on information
provided by his family, the case is being
reinvestigated.


3. (SBU) Prosecutors subsequently questioned all
family members, each of whom eventually admitted to the
destruction of incriminating suicide notes left by
Chen. Chen's wife has stated publicly that she
recognized her husband from a video broadcast by local
media after the shooting and confronted him about it.
According to Mrs. Chen, Chen responded that he would
handle the situation. Additionally, she told
prosecutors that her husband had admitted to the
shooting in a conversation with her prior to his death.
Mr. Chen's son also stated that he knew his father was
involved in the shooting. To date, none of the family
members has admitted to disposing of the weapon.
However, prosecutors say they are following several
leads on the location of the weapon.


4. (SBU) According to prosecutors, the investigation
is ongoing, and they presently have no plans to close
it. They hope to develop additional evidence and
possibly even locate the weapon involved. The
prosecutors said that, while comments by local media,
opposition political leaders, and some prosecutors not
involved with the case have stirred public doubts, they
are confident the focus of their investigation is
correct and they will be able eventually to close the
case satisfactorily. They particularly hope that
locating the weapon will enable them to confirm or deny
whether or not Chen acted alone.


5. (SBU) Prosecutors told AIT/K that the timing of
their announcement was based on the fact that it took
months to identify the gun manufacturer and develop
leads from his statements. Had the Chen family come
forward, they noted, the case could have been resolved
much earlier. They said that they decided to release
the information publicly as soon as they were confident
of their conclusions. They did not want the
information to leak and make it appear they were
withholding information that the public had a right to
know. They vigorously denied to AIT/K that any
political pressure had influenced the announcement.


6. (SBU) Prosecutors further told AIT/K that no
decision had been reached on whether or not to
prosecute Chen's family members for withholding and
destroying evidence. While some politicians have
called for President Chen to pardon the family members,
prosecutors said they don't expect such a move. They
confirmed that the decision whether or not to indict
rests in their office.


7. (SBU) Comment. The view from the Prosecutors'
office adds an important dimension to what has become a
highly politicized issue in Taiwan, with the public
dividing largely along party lines as to whether or not
they believe Chen was the attempted assassin, or even
whether there was an assassination attempt in the first
place. Meanwhile, the KMT is moving ahead with its
plans to hold a "mass rally" on March 19, the
anniversary of the shooting incident. Prosecutors in
the case are long time contacts of AIT/K and are
considered by AIT/K to be extremely reliable. AIT/K
has frequent, and very frank contact with their office.
At no time during the investigation did they seem to be
under any pressure to treat this case differently than
other investigations. The prosecutors continued to
conduct their normal caseload throughout the shooting
investigation. End Comment.

FORDEN

PAAL