Possible to Be Released Without Indictment

Yesterday, the Criminal Division 3 of the Seoul District Public Prosecutors` Office announced that it would disclose its interim conclusion on the investigation of the Sports Family, an organized gang in Pahjoo whose members are arrested for 2 counts of murder. Some of the gang members such as Park Dae-jin are now alleging that they were tortured during interrogation.

One prosecutor confirmed, "The gang members including Park have to be released after Nov. 13th and 14th. Thus, we will decide whether we should indict them by Nov. 13th with them being detained."

But it is possible to release them without any indictment. The prosecution has faced difficulties in prosecuting them since the murders took place three to four years ago, and it is hard to secure its witnesses. According to the prosecutors` office, two of the arrested members confessed their killing of the two victims right after their arrest on Oct. 23rd and 25th. But, after their member Cho Chun-hoon was beaten to death while in custody of the prosecution, the two denied their affidavits, saying, "Our affidavits were made forcefully through tortures."

Therefore, the prosecution determined that it is hard to sustain their cases throughout the court proceedings only with affidavits, now that Cho was beaten to death and the members allege that they were tortured. Consequently, the office has started over the investigation to find out the hard proof and the circumstantial evidence.

The prosecution has determined that Shin, the boss of the Sports Family, ordered his men to kill its former head Park Woo-kwan in order to get the control of the gang in 1998. On the contrary, the police concluded that Park just committed a suicide.

The prosecution also believes that the gang members killed another victim in 1999 at Nogosan Dong, Mapoh Gu, Seoul. The victim served the jail time together with the gang boss Shin. The victim allegedly threatened Shin and asked for money in exchange for his silence about Shin`s ordering of the killing. Then, the prosecution contends, Shin ordered the murder of the victim.

In the meanwhile, the Justice Ministry and the Attorney General`s Office will reportedly hold the disciplinary hearings against Kim Jin-hwan, the head of the Seoul DA`s Office, and Chong Hyun-tae, head of the third vision, for their failure to monitor the death of the suspect while in custody of the DA`s Office.

One senior official of the Attorney General`s Office confirmed, "The hearings will take place near the end of this week or early next week. Before we commence the hearings, we have to brief the new Justice Minister and Attorney General on the case. In addition, we have to indict the former prosecutor Hong Kyung-ryung and other officers."

It is reported that the Attorney General`s Office will just have Kim and Chong submit affidavits. One senior prosecutor said, "There is no hard evidence indicating the negligence of the top brass of the Seoul DA`s Office. Thus, it would be better off picking up the pieces by taking affidavits, rather than brining them in for questioning."

Wi-Yong Jung Myoung-Gun Lee viyonz@donga.com gun43@donga.com