Ko Wen-je's key strategy for overturning his conviction at the High Court could end up backfiring, making it bad news for him personally.

• The High Court's first preparatory hearing did not begin with the Core Pacific City floor-area ratio or the bribery allegations, but instead focused on the embezzlement of political donations and breach of trust.
• Ko Wen-je was sentenced to 17 years at first instance. He argues that the Taiwan People's Party's funds do not count as public-interest funds, and that the charge of embezzling public-interest funds therefore does not apply.
• He is invoking the earlier case in which Liu Tai-ying embezzled political donations belonging to the Kuomintang, which ultimately resulted in a conviction on the lesser charge of occupational embezzlement.
• The problem is that occupational embezzlement is a case category finalised at the second instance, so if prosecutors do not appeal, he would in fact go to prison sooner.
• Another flaw is that the Political Donations Act had not yet been enacted at the time of Liu Tai-ying's conduct, and that act itself defines political donations as having a public-interest character.

Outlook: Even if the High Court accepts this line of defence, it could result in an earlier final conviction and imprisonment. The next question is whether prosecutors will appeal.