By Lee Kyung-min
A district court reviewing former President Lee Myung-bak's criminal case is expected to determine whether to allow him to stay away for court hearings unless he was due to testify.
Defense attorney Kang Hoon submitted a request to the Seoul Central District Court, Friday, stating that Lee did not want to appear for the hearings citing “health reasons,” but would do so when he was needed to answer questions from the court.
The seemingly “bold” move towards the country's criminal justice system was somewhat expected following similar statements from attorneys at the first hearing last week. “Lee has not slept or eaten well. It is questionable whether he would be able to sit through the long hearings. We, therefore, ask that the prosecution present its case without Lee's court appearance,” they said. Lee had up to 15-minute breaks every hour, and the court decided to hold only two hearings a week, instead of up to four, taking into account his age, 77, and deteriorating health.
Kang, however, stressed that Lee was not boycotting the court proceedings, adding “Lee would willingly counter arguments himself with the prosecution if need be, but for the proceedings where it is expected to review written evidence, he does not want to be present.”
The request, which aims to seek the court's permission in advance, is considered a move not to repeat the path of former President Park Geun-hye, who boycotted the hearings after the then presiding judge issued a second arrest warrant, extending an earlier detention for another six months. The court continued the hearings without Park present until the verdict and sentencing (24 years in prison and 18 billion won in fines) in April.
It is highly unlikely for the court to grant such a request. Under the law, a court is barred from holding a hearing when a defendant fails to appear. Exceptions are allowed in limited cases where correctional officials are unable to forcibly bring a defendant in custody who refuses to attend a hearing. The exceptions are rare because almost all defendants do not dare defy court orders out of fear such an act could increase the chance of conviction and possible harsher sentences. “Lee stated that he was willing to appear to answer questions, which implies that his health conditions are not as serious as he claimed to be. When a defendant refuses to appear for a due date, the court must delay the hearing,” a court official was quoted as saying.
Lee was indicted on a wide range of corruption charges including bribery in the amount of 11 billion won ($10.5 million). Lee faces charges of bribery, abuse of power, embezzlement, breach of trust and tax evasion as well as violations of the election and presidential records laws. Prosecutors suspect Lee is the owner of DAS, an auto parts company owned by his brother on paper, and used it to commit a wide range of corrupt activities, a claim he flatly denies. Prosecutors suspect Lee managed a 33.9 billion won slush fund, which was part of 34.9 billion won embezzled from DAS.