Political Fears Taint Case

Prosecutors who investigated the case of Albert L. McFarland, vice head of the 8th U.S. Army Mortuary, who allegedly ordered toxic waste to be dumped into the Han River last year, are de0laying a decision on the case.

Prosecutors reported to the justice minister last October that they were considering either indictment without physical detention or summary indictment for violating the Water Quality Act and Waste Control Act.

According to the prosecution office's regulations, cases pertaining to the Status of Forces Agreement concerning United States military personnel in Korea have to be reported to the Minister of Justice for prior approval.

The Ministry of Justice has given the go-ahead for either option. The prosecution's hesitancy to decide is raising suspicions that Seoul authorities are sensitive to factors external to the case － the alliance between Seoul and Washington.

It is said that the prosecution initially settled on indicting Mr. McFarland without physical detention, taking into consideration public opinion that violation of environmental acts by the U.S. armed forces should face heavy penalties.

Recently, opinion shifted toward summary indictment, a form used for less serious offenses, after Korea and the United States agreed last year to open talks aimed at revising the Status of Forces Agreement. A source at the prosecution office said that the United States had demanded amicable management of the McFarland case during the process of negotiating a revised environmental clause in the SOFA.

This implies that the prosecution office is waiting for the right time to issue a summary indictment, taking into account government concerns that anti-American sentiment could be stirred should the case go to trial.

On Sunday, a source close to the investigation said that the McFarland case would be decided this week.

by Cheong Yong-whan