Ko released, ex-deputy mayor detained in corruption probe (update)

Taipei, Sept. 2 (CNA) Taiwan People's Party (TPP) Chairman Ko Wen-je (柯文哲) was released without bail early Monday, while Ko's deputy during his tenure as Taipei mayor was detained and held incommunicado after being questioned since Friday over alleged corruption involving a shopping center re-development project.

Prosecutors on Saturday filed a request with the Taipei District Court to officially detain Ko and former Taipei Deputy Mayor Pong Cheng-sheng (彭振聲) over the alleged scandal surrounding the re-development of Core Pacific City, also known as Living Mall (京華城購物中心).

On Monday, the court determined that the evidence provided by the prosecutors was insufficient to justify the detention of Ko and ordered his release without bail.

However, it granted the request to detain Pong after concluding that he was a major suspect in the case and could potentially collude with co-conspirators.

The Taipei District Prosecutors Office plans to appeal the decision.

The court said the issues at hand were the legality of the resolution passed by the city government's Urban Planning Commission on Sept. 9, 2021. It resulted in the project's floor area ratio (FAR) being increased by 20 percent, from 560 percent to 672 percent, as well as the resolution's subsequent approval on Nov. 1 that same year and the construction permit issued by the city's Urban Development Department.

According to the Control Yuan, increasing the FAR of the project was illegal as it did not conform to the Urban Planning Law or fair consideration, nor was it in the public's interest, said the court.

The court said that the key to Ko's innocence or guilt lies in whether or not he was aware that the resolution was illegal, and if he was aware the resolution aimed to seek unlawful gains.

As Ko did not partake in the committee or the resolution meeting, nor does he possess relevant expertise in the matter, his claim that he trusted the resolution by experts and Pong's professional opinion was not unfounded, the court added.

On the other hand, while Pong, who managed the project, claimed his decisions were lawful, he often set preconditions, transgressed procedural regulations or ignored opposing opinions while chairing Urban Planning Commission meetings, the court said.

The court added that Pong played a significant role in the case and appeared to have many interests in common with the accomplices.

Furthermore, Shao Hsiu-pei (邵琇珮), the committee's executive secretary, has failed to report to the court and is suspected of attempting to flee prosecution.

The court's decision on Monday marks a significant moment in the anti-corruption investigation that was launched in May but escalated into a flurry of activity over the past five days.

On Wednesday, investigators from the Taipei Prosecutors Office and the Agency Against Corruption (AAC) searched 48 locations and questioned six suspects including Kuomintang (KMT) Taipei City Councilor Ying Hsiao-wei (應曉薇) and Core Pacific Group Chairman Sheen Ching-jing (沈慶京), both of whom were held in detention and incommunicado late Thursday night and early Friday.

On Friday, prosecutors raided the former mayor's home and office, and Pong's residence, as well as the TPP's headquarters, in search of evidence. Ko was summoned by the AAC and questioned for about 12 hours before being sent to the Taipei District Prosecutors Office early Saturday for further questioning. Pong was also summoned for questioning that day.

Ko was arrested later Saturday after he tried to leave the prosecutor's office.

Ko's lawyer filed a petition against the arrest order, saying his client was too tired to continue being questioned. However, investigators told the court that the investigation would be hindered if Ko was allowed to go home instead of resting on the prosecutors' premises.

The Taipei District Court ruled that Ko's arrest was legal according to the Code of Criminal Procedure.

Prosecutors alleged that Ko was involved in corrupt real-estate dealings during his second term as Taipei mayor from 2018 to 2022. They believe Ying acted as a go-between between Sheen and high-ranking city officials including Pong, who was prohibited by prosecutors earlier this month from leaving the country or changing his residence.

Sheen allegedly gave Ying more than NT$47.40 million (US$1.48 million) as part of his company's effort to illegally lobby the Taipei City government to increase the FAR of Core Pacific City, which would subsequently raise the property's financial value.

According to the Anti-Corruption Act, taking bribes that undermine official duties can be punishable by a prison sentence of no less than 10 years, while "directly or indirectly seeking unlawful gains for oneself or others" can result in a prison sentence of no less than five years.

A conviction under the Act would be a devastating setback for the TPP, as Ko was its candidate in the presidential election in January, receiving 26 percent of the vote.

Previously a practicing doctor, Ko commands an especially loyal support base of mostly young voters attracted to what they view as his refreshingly straight-talking manner.

Ko established the TPP, now the third-largest political party in Taiwan, in August 2019 after coming to prominence during the Sunflower Student Movement and being elected mayor of Taipei in 2014.

After being released Monday morning, Ko was greeted by a cheering crowd, his wife Chen Pei-chi (陳佩琪) and TPP caucus whip Huang Kuo-chang (黃國昌) at the Taiwan Taipei District Prosecutors Office gate.

He thanked his supporters and said he could not understand why judicial units needed to raid his residence and office and the TPP headquarters in the early morning.

He restated he knew nothing about the FAR, as he knew it was not his place to stick his nose into every case as mayor.

Meanwhile, the TPP said they will fight to the very end to defend their innocence.

Related News

Sept. 3: Taipei official barred from leaving Taiwan in Core Pacific City case

Aug. 31: Ko arrested after being summoned over corruption scandal, seeks court ruling on legitimacy

Aug. 30: Ko's home raided over Core Pacific City scandal; 3 detained

Aug. 29: TPP leader Ko Wen-je announces 3-month leave amid scandals