“The public must realize that my visit today clearly indicates that Chiang is innocent,” Ma said. “This fact has been confirmed by the investigations of the Control Yuan and Taipei District Court.”
The family’s wish that Chiang’s conviction and death penalty be revoked has to proceed in accordance with the law, but he promised the process would not take five or 10 years, Ma said.
“A retrial is probably the least time-consuming, but we will do our best to shorten the process,” he said.
However, he declined to specify how long it would take, saying he would ask the justice ministry to provide an estimate.
Ma said the new evidence discovered could be used against Hsu at a retrial and clearing Chiang’s name should be dealt with separately from proving Hsu guilty.First, Ma's visit does not signify that Chiang is innocent. The rulings of Taiwan's judicial system alone determine who is regarded in the official record as innocent or guilty, not the President or even the Minister of Justice. The President is not the embodiment of the law since under the rule of law the President is equally subject to the laws of the nation as any other citizen. The arrest, detention and jailing of former President Chen illustrated that a President is not above the law. Unfortunately it also illustrated that Taiwan's Judiciary is far from impervious to influence from the Executive, Legislature or the media.
Ma's promise above to 'shorten the process' can be regarded as the actions of a populist seeking to build approval, authority and legitimacy amongst the electorate by making appeals to popular justice rather than showing respect to the independence of Taiwan's judiciary, due process and rule of law. I would like Chiang's family to also receive a full pardon for their executed son as soon as possible but the process towards that goal must be carried out independent of public / media pressure or political influence.
Finally, is it appropriate for the President to state how the judiciary should go about handling the process of clearing Chiang's name and finding another suspect guilty?. Is that not the preserve of the Judiciary who should have far more expertise in the rules of the process than the President? Does the President now determine how cases are to be handled? Is this the judicial reform that Taiwanese have been promised for so long?
Let's not all forget one more point. Supposing that Hsu admits his guilt will he too be executed? Will his execution salve the pain of the Chiang family? Will another death salve the pain of the dead girl's family? A murder of one individual happened, yet two innocent people have died. How many have to die before we can sit back and feel our morally justified thirst for revenge has been appeased? Does revenge bring closure to grief?
Wasn't it Confucius who said:
"Before setting out on a journey of revenge, dig two graves".
