TAIWAN HIGH COURT CLEARS KMT PRESIDENTIAL

C O N F I D E N T I A L TAIPEI 002655

SIPDIS

SIPDIS

E.O. 12958: DECL: 12/28/2017
TAGS: PGOV TW
SUBJECT: TAIWAN HIGH COURT CLEARS KMT PRESIDENTIAL
CANDIDATE MA YING-JEOU IN CORRUPTION CASE

REF: TAIPEI 1839

Classified By: AIT Deputy Director Robert S. Wang,
Reasons: 1.4 (b/d)


1. (U) The Taiwan High Court on December 28 cleared KMT
presidential candidate Ma Ying-jeou on all charges of
corruption and breach of trust in an appeals case. This case
involved Ma's use of a special mayoral allowance during his
term as Taipei City Mayor from 1998 to 2006. Indicted on
February 13, Ma was acquitted by the Taipei District Court on
August 14 (reftel),but the prosecutor appealed that decision
to the Taiwan High Court. After receiving the appeals
verdict, the prosecutor will have fifteen days to decide
whether to file a second and final appeal.


2. (SBU) While KMT supporters welcomed the decision with
enthusiasm, a rather serious Ma appearing at a press
conference greeted the verdict (in his own words) "calmly."
He criticized the prosecutor, stressed his cooperation with
the court, and predicted the DPP would take "stronger steps
to suppress" him prior to the presidential election on March

22. Ma also said that, if elected, he would promote judicial
reform so that ordinary people would not have to undergo the
experiences he had encountered as the result of an unfair
prosecution.


3. (SBU) Saying he was disappointed but not surprised at the
verdict, one DPP leader questioned the objectivity of the
judges. DPP spokesperson Hsieh Hsin-ni said this case was
only the start of Ma's corruption problems, asserting that Ma
faces more serious cases that are under investigation,
involving the sale of certain KMT properties when Ma was
party chairman.


4. (C) Global Views Monthly Polling Center Director Tai
Li-an told AIT that he expected the verdict to boost the
morale of KMT supporters, which will increase votes for the
KMT in the party list portion of the Legislative Yuan (LY)
elections on January 12. The decision will also give Ma a
large but mostly temporary bump in polls that are likely to
be conducted overnight by pro-Blue media such as United Daily
News and China Times. Tai believed the court decision had
already leaked out at the beginning of this week, judging
from reactions by commentators and political parties in the
last couple of days. He doubted that the DPP will be able to
gain traction on the KMT properties cases. Tai also
suggested that the recent announcement of investigations of
other KMT leaders, including vice presidential candidate
Vincent Siew, was related to the expectation that Ma would be
cleared.

Comment
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5. (C) While the decision today can only help Ma, it is
unlikely to have any dramatic effect on the presidential
race. Supporters of the KMT and DPP will stick to their
entrenched views, and Ma is already ahead in the polls. KMT
supporters will become more confident in Ma's presidential
prospects. However, Ma and the KMT will tread cautiously
because they realize over-confidence has been a major factor
in past election defeats and because they expect the DPP to
step up efforts to discredit Ma as the presidential election
draws closer. The presidential race will shift into higher
gear following the LY elections, and the gap between Ma and
DPP candidate Frank Hsieh is expected to narrow.
YOUNG