New organic act requires fugitive ex-PM to show up and risk arrest to appeal verdict

[snoop1130]

New organic act requires fugitive ex-PM to show up and risk arrest to appeal verdict

By KASAMAKORN CHANWANPEN 
THE NATION 

 

 

NEW LEGAL procedures for political office holders that come into effect today could reduce the chance that fugitive former prime minister Yingluck Shinawatra will launch an appeal.

 

However, her lawyer yesterday rejected concerns about the impact of the new law for his client, saying he would act in accordance with the law.

 

The new organic act was published in the Royal Gazette yesterday, with significant implications for an appeal in Yingluck’s case relating to her government’s rice-pledging scheme.

 

Although the law allows politicians to appeal Supreme Court verdicts, it requires defendants to present themselves to the court in person when they submit petitions. The rule applied to Yingluck, according to Meechai Ruchupan, chief charter drafter, who also drafted the law.

 

The Supreme Court’s Criminal Division for Political Office Holders on Wednesday ruled that the former prime minister was guilty of negligence in the government-to-government rice deal and handed down a five-year jail term.

 

Under the new law, Yingluck would need to come out of hiding if she wanted to fight the case, making her vulnerable to arrest.

 

Yingluck fled the country shortly before the first court verdict reading, which was set for August 25. She is reportedly in Dubai, according to top state officials, including Prime Minister Prayut Chan-o-cha.

 

Meechai said the new law also prescribed exemptions of the statute of limitations if a convicted individual was on the run. 

 

Yingluck’s lawyer, Norawich Larlang, told The Nation that he had not yet heard from Yingluck and no decision had been made whether to appeal.

 

Norawich added that he was not concerned about the new requirement for Yingluck to submit a petition in person. 

 

He said he “does not think it makes things more difficult. [The defendant] has to do as the law tells them”, he said.

 

‘Greater opportunity for defendants’

 

Suebpong Sripongkul, spokesman for the Courts of Justice, said the new charter gave a convicted political office holder a greater opportunity to appeal. 

 

They could appeal either the facts of the case or on the basis of a legal technicality, rather than just on the grounds of “new evidence”, Suebpong said.

 

In regards to damages in the case, Noppadol Laothong, another Yingluck lawyer who oversees the civil lawsuit on her behalf, said the fact that Yingluck had been ruled not guilty in the implementation of the policy could mean that she did not have to pay compensation of Bt35 billion demanded by an administrative order.

 

Deputy Prime Minister Wissanu Krea-ngam said concerned parties must study the verdict before proceeding with asset seizures under the order. Wissanu said the verdict was for a criminal charge against her and should have nothing to do with the asset seizure. 

 

At this point, the Legal Execution Department’s actions have been limited to freezing Yingluck’s accounts. The department had been waiting to see whether the Administrative Court would rule against the order as petitioned by Yingluck, he said.

 

The panel of judges meeting before the verdict reading took two separate votes on whether she was guilty and what penalties were appropriate. 

 

Eventually, the panel of nine members voted eight to one that Yingluck was guilty of malfeasance before voting unanimously to give her a five-year jail term that would not be suspended.

 

According to sources familiar with the Supreme Court, Pison Pirun, president of the Supreme Court’s Juvenile and Family division, was the only judge to propose that the former prime minister was innocent.

 

Source: http://www.nationmultimedia.com/detail/politics/30327960

 

-- © Copyright The Nation 2017-9-28

[darksidedog]

24 minutes ago, snoop1130 said:

 

NEW LEGAL procedures for political office holders that come into effect today could reduce the chance that fugitive former prime minister Yingluck Shinawatra will launch an appeal.

Well that is highly convenient timing isn't it? You could almost be forgiven for thinking it was set in place with this exact case in mind.

[tifino]

 

this just goes on and on and.......

 

all these rule changes, on the run, makes one feel he's watching 'that' America's Cup series, all over again....

 

Yingluck's winged keel (vs the State) still seems to be winning, no matter what is being thrown at her from the hip   

 

They seek her here, they seek her there

 

 

[Enoon]

 

Hey!.......Nation!

 

How come you usually caption photos of figures in the public eye with the date and place where the photo was taken, but the photos showing Yingluck looking sad and upset that you have published since the verdict (which were taken before the verdict) are not captioned thus, and seem intent on conveying the impression that she actually behaved like that upon hearing it?

 

Nobody has any photos of her at that moment, so how do you know that this wasn't her reaction?:

 

or this?:

 

 

 

 

 

 

[Get Real]

I guess that tells everybody that she ain´t planning a trip home in the near future.

[wakeupplease]

organic act

 

another joke

 

Its the wishes of the current, cant think of a name for him I could write here

[Chang_paarp]

Well this explains the reason the court delayed the sentencing. 

[sirineou]

What does "organic act" mean?

No chemicals involve , just plenty of BS.

[Dave67]

Cabbage

[Dave67]

42 minutes ago, sirineou said:

What does "organic act" mean?

No chemicals involve , just plenty of BS.

Something to do with the vegetables who made this new law

[impulse]

You'd think they could pass another organic act that stops the clock on the statute of limitations when someone flees the country to avoid being prosecuted for, let's say- running over a cop, just for a random example. 

 

[khwaibah]

The Clinton News Network aka CNN is reporting that Yingluck is in London seeking political asylum.  

 

Former Thai leader seeking asylum in UK, says party source.

http://edition.cnn.com/2017/09/28/asia/yingluck-shinawatra-asylum/index.html

[nausea]

Thaksin's application was refused so it'll be interesting to see how this one goes.

[klauskunkel]

11 hours ago, snoop1130 said:

Eventually, the panel of nine members voted eight to one that Yingluck was guilty of malfeasance before voting unanimously to give her a five-year jail term that would not be suspended. Pison Pirun, president of the Supreme Court’s Juvenile and Family division, was the only judge to propose that the former prime minister was innocent.

So, Pison Pirun voted she was innocent, and then he sentenced her to 5 years? That's kind of strange, but then again... whatever

[choff56]

3 hours ago, wakeupplease said:

organic act

 

another joke

 

Its the wishes of the current, cant think of a name for him I could write here

Dick.

 

[dieseldave1951]

so does this effect the red bull heir and the flying saucer monk ???

 

[soalbundy]

I don't think she will bother somehow.

[Confuscious]

13 hours ago, snoop1130 said:

Although the law allows politicians to appeal Supreme Court verdicts, it requires defendants to present themselves to the court in person when they submit petitions. The rule applied to Yingluck, according to Meechai Ruchupan, chief charter drafter, who also drafted the law.

 

According to sources familiar with the Supreme Court, Pison Pirun, president of the Supreme Court’s Juvenile and Family division, was the only judge to propose that the former prime minister was innocent.

 

Source: http://www.nationmultimedia.com/detail/politics/30327960

 

-- © Copyright The Nation 2017-9-28

Where did I read that name in the same newsflash?
Meechai still not arrested for embezzlement of 9 billion baht in loans?
 

 

[Srikcir]

15 hours ago, snoop1130 said:

although the law allows politicians to appeal Supreme Court verdicts, it requires defendants to present themselves to the court in person when they submit petitions.

It's laws like this that encourages nations to grant political asylum, especially when the nation in question ousts an elected government, abolishes a democratic constitution and sets about "reforms" to eliminate political resistance.

[DrPhibes]

2 hours ago, dieseldave1951 said:

so does this effect the red bull heir and the flying saucer monk ???

 

It's more like "get out", let her leave and "Stay out!", pass the law saying you have to be in the country to appeal.  This law only applies to government officials.  Basically tailored to this specific situation.

[Baerboxer]

15 hours ago, darksidedog said:

Well that is highly convenient timing isn't it? You could almost be forgiven for thinking it was set in place with this exact case in mind.

 

Are they going to amend the defamation law so that plaintiffs must appear in person too, rather than issue instructions through their army of lawyers?

 

Now that would be aimed.

[Dogmatix]

I am sure that England will be more to her liking than Dubai. It will also be a much better environment for her son, Pipe, who is (or was) a student at Harrow School in Bangkok. 

[ramrod711]

19 hours ago, snoop1130 said:

Although the law allows politicians to appeal Supreme Court verdicts, it requires defendants to present themselves to the court in person

About time, I hope the law will be extended to require attendance in court for defamation and libel suits.

[Artisi]

10 hours ago, Dave67 said:

Something to do with the vegetables who made this new law

Mr Potato Head... 

[AGareth2]

19 hours ago, snoop1130 said:

he fact that Yingluck had been ruled not guilty in the implementation of the policy could mean that she did not have to pay compensation of Bt35 billion demanded by an administrative order.

sadly S44 outranks the law