The Miaoli District Prosecutors Office filed a lawsuit seeking to nullify the election win of Miaoli County Magistrate-elect Chung Tung-chin on Dec. 20, five days before he is scheduled to take office. Chung convened a press conference on Dec. 21 to lament that the judiciary has been reduced into a tool to serve a certain political party and to say the whole incident is judicial persecution.
Miaoli County Magistrate-elect Chung Tung-chin held a press conference on Dec. 21, one day after the Miaoli District Prosecutors Office filed a lawsuit seeking to nullify his election win. The office has accused a man surnamed Chen of bribery. He was the campaign office director for Dahu Township chief candidate Fu Sung-lin. Chung said he had no contact with Chen, but was implicated because he set up a joint campaign office with Fu. He said this is guilt by association and judicial persecution.
Chung Tung-chin, Magistrate-elect, Miaoli County: “This matter has absolutely nothing to do with me, yet they still managed to turn it into a lawsuit to nullify the election win. The magistrate election is such a huge election, and there can't be any vote buying. No matter the situation, I'll face the judicial process courageously. I believe justice remains on the side of rationality.”
Chung also said he believes prosecutors are selectively handling cases, and lamented that the judiciary has been reduced to a tool to serve a certain political party. He said he will file a complaint with the Control Yuan. The Ministry of Justice issued a denial in response, and also said Chung's statements are an insult to the legal profession and everything will be handled according to law. The Miaoli District Prosecutors Office said if election winners assert that campaign workers, personnel, or friends and relatives bought votes out of their own volition, they are responsible for providing proof. Legal experts said this case is a civil lawsuit, and will be based on the principle of superiority of evidence. The trial judge's evaluation of evidence will be key.
Hsu Cheng-yin, Lawyer: “If a court hears this lawsuit to nullify the election win, what will be evaluated in the final free evaluation of evidence may be whether the evidence provided by prosecutors can prove their position or whose evidence is stronger between the prosecutors and Mr. Chung, the election winner.”
According to Article 127 of the Civil Servants Election and Recall Act, an election or recall lawsuit shall be adjudicated conclusively in the second instance and the court hearing the case shall have it adjudicated and concluded within six months. This means that a decision has to be made within about one year's time.
被苗栗地檢署提起當選無效之訴，21日上午苗栗縣長當選人鍾東錦親上火線，在苗栗縣議會召開記者會，強調涉賄的陳姓男子是大湖鄉長傅松琳的競總主委，自己並無實際往來，卻因為和傅松琳成立聯合競選總部而被檢方強行入罪，痛批完全是司法迫害。
苗栗縣長當選人鍾東錦表示：「跟我完全沒有關係的事情，竟然可以扯到變當選無效的案件。縣長這麼龐大的選舉，絕對不會有任何買票的動作。但是事情發展到今天，我們一定會勇敢的面對司法，我相信正義還是會站在理性的這一邊。」
鍾東錦質疑檢方是選擇性辦案，淪為特定政黨服務工具，將向監察院提出檢舉。法務次長蔡碧仲駁斥，表示是對法律人是一種侮辱，絕對依法辦理。苗栗地檢署則強調，當選人如主張輔選幹部、助選員或親友是自行決意賄選，應由當選人負舉證責任。法界人士認為，本案為民事訴訟，採證據優勢原則，承審法官的心證將是關鍵。
律師徐承蔭說道：「本案的當選無效之訴，法院的審理，最後自由心證的評價，他可能要去判斷的，到底是檢察官這一方他所提出的證據是可以證明，還是另外一方，也就是鍾先生當選人這一方所主張的證據，誰的證據比較強。」
根據選罷法第127條規定，選舉、罷免訴訟以二審終結，各審受理之法院應於6個月內審結，原則上最遲1年多內就會判決確定，未來這場官司勢必舉國關注，也將衝擊苗栗政壇。
