DA’s Office at Qualms Over Roh-Initiated Defamation Case

Roh Moo-hyun filed a criminal defamation claim with the DA’s office against Grand National Party (GNP) presidential candidate Lee Myung-bak and three other GNP representatives recently. The prosecution, after spending some time mulling the claim, served subpoenas on the four politicians. But the party has publicly promised to disobey the call.

DA’s office in a dilemma –

“Should we do nothing and fail to question Mr. Lee, people would scold and tell us, ‘You guys are catering to the most powerful front runner,’” lamented a prosecutor last Friday when the word of the summonses came out.

The office will face severe criticism one way the other. Its current action has earned heavy criticism from the public and the party. On the other hand, should it fail to summon candidate Lee, Roh and the United Democrats would try to eat it up for breakfast.

The very act that Cheong Wa Dae, the South Korean “White House,” filed a criminal claim over purely political comments has pushed the prosecution up against the wall. Furthermore, another fact that their boss, the president, is the moving party has dragged the office deeper into hot water.

On September 28, or 21 days after the initial filing, the DA’s office finished its investigation with Roh’s office. Considering the upcoming presidential election, the office will wrap up the case prior to November 27.

Numerous law professors and legal experts blame Roh for all the hassles. It is unprecedented for a president to criminally sue an opposition leader for her political comments. Technically speaking, it is possible. No president, however, had ever brought a purely political matter before the court.

A former prosecutor turned defense lawyer pointed out, “The DA’s office is an innocent victim here. Roh caused all the problems. How could the presidential office criminally sue a political leader for her political opinions?”

To prevent the repetition of such ill-spirited cases, experts point to the need for more advanced criminal procedures.

In some countries, such as the United States, it is a well-rooted practice to resolve political defamation cases between candidates at least in the course of three years. Then there will be little room left for a law enforcement agency to manipulate the outcome and plenty of time for finding a peaceful resolution between the parties.

Tougher road ahead –

Without face-to-face questioning, the DA’s office could theoretically wrap up the case based on evidence already at hand, such as video clips and transcripts.

It will be hard to handle it that way, however, considering the enormous potential the case carries. The most popular presidential candidate is involved. In the past, the prosecution intentionally did not take any action in a similar case against socialist presidential candidate Kwon. Prior to the decision, the office served him subpoenas four times.

But the GNP is also in hot water. Complying with the subpoena will leave an ugly precedent. No presidential candidate has ever reported to the DA’s office before. But the public might deem the continuing refusal as blatant disrespect for the law.

Lee’s campaign’s legal affairs adviser Oh Se-gyeong explained, “If the office makes some accommodations, we will cooperate with the authorities.”

needjung@donga.com