Press Release

By Banciao District Prosecutors Office, 2009/11/27

Regarding the news recently reported by the United Daily News, the attorney Horng-Shya Huang of Chinese Professional Baseball League (CPBL) questioned and indicate that “players in connection to the case were handcuffed and shackled without supply of water and food during the interrogation that night” and that “secret investigation principle was frequently violated, because the players were summoned as defendants prior to conviction by the court”, etc. at the symposium “Criminal Justice and Human Rights from the Case of Professional Baseball Game Fixing Scandal” hosted by National Taiwan University National Criminal Research Center.  Banciao District Prosecutors Office clarifies the above misunderstandings as the follows.

Firstly, on October 28th, 2009, Mr. Chin-Li Wang and Bau-Hsien Wu whose attorney is Horng-Shya Huang, were not handcuffed and shackled in Investigation Bureau Taipei Branch and Banciao District Prosecutors Office prior to the interrogation by prosecutors.  After questioning, prosecutors considered the detention necessary and arrested the both of them right away.  Therefore, Mr. Wang and Wu were transferred to Banciao District Court, handcuffed, not shackled, to prevent them from escape or causing any other accidents.  It is a standard procedure for anyone arrested. Moreover, prior to examination by prosecutors, players in connection to the case were accompanied by their attorneys waiting unrestrained outside  the interrogation room on the second floor of the office building and therefore this office had no obligation to provide them with food.  While the arrested order was made after the prosecutors’ questioning, Mr. Wang and Wu were waiting to be transferred to the court at the detention room, and as a result they had missed the routine dinner time unavoidably, but not deliberately; however, they were free to drink by using the water dispenser in the room. We think that attorney probably misunderstood this.

Secondly, the sole spokesman at this office in charge of all public statements for the Baseball Game Fixing Scandal indicated that he completely followed the principle of this secret investigation and “Principle rules on press releases by the prosecutor offices, the police, and investigation institutes during the criminal investigation”, promulgated by Supreme Prosecutors Office. And under his consideration of maintaining public interests and protecting legal rights,  press was  appropriately released.  However, certain media intended to indirectly obtain the content of the investigation, by forcing this office to make clarification, unauthorized, inaccurate daily series of reports which were made in the name of “the prosecutor stated that …”, “the prosecutor and investigator disclosed that …”, etc., such as the prediction of the timing of the investigation on a specific person, what has been stated during the interrogation, the implication of a specific person involved, not only seriously misleads the public, but also brings along the misunderstandings that the principle of secret investigation has been violated by this office. This office has released the press release to clarify this, and hopes the public no longer cites the inaccurate coverage from the media, and stops incorrectly relaying an erroneous message.

Finally, under the Code of Criminal Procedure, the people in connection with the case are called “suspects” during the criminal investigation by the police, and after prosecutors initiate the investigation instead of conviction by judges are called “defendants”.  Attorney Huang should have acknowledged this all, and the previous coverage from the media was misquoted.