Victory: Reverse Victory in Defamation Lawsuit

We assisted our client, a renowned professor and the wife of former Taipei Mayor, to reverse the decision against a Taipei City councilor, who alleged that our client received bribery from a city contractor. The Taiwan High Court reversed the nonguilty judgment made by Taipei District Court sentenced the defendant for 59 days imprisonment, which may be waived with a fine of NT$59,000.

Taiwan High Court held that:

  • the allegation was irrelevant to the questioning session of the City Council;
  • the City Councilor lacks evidence to prove that: 1) his allegation was provided by his alleged source (untraceable and never appeared in Court); and 2) the allegation was true;
  • the City Councilor had actual malice because he failed to verify the truthfulness of the allegation, which is detrimental to our client’s reputation; and
  • the City Councilor’s speech was beyond the protection of “Speech and Debate” privilege.

The Defendant may appeal the decision to the Supreme Court.

This case was mainly handled by our founding partner, Dr. Ching-Yuan Yeh, with the assistance of Mr. Yi-Tsang Lin and Mr. Shi-Feng Hsieh. Dr. Yeh, with an S.J.D. and a J.D. from University of Pennsylvania, is an expert of Constitution and free speech. Mr. Yi-Tsang Lin is an experienced litigator, especially in criminal litigation and construction dispute resolution. Mr. Shi-Feng Hsieh served as a law clerk at Taiwan High Court, Tainan Branch and specializes in criminal litigation.