Judges to decide whether to try Thaksin in absentia

By The Nation

 

Thaksin Shinwatra

 

THE SUPREME Court’s judges will decide whether there will be trials in absentia on the two corruption cases against fugitive ex-premier Thaksin Shinwatra, according to the court’s spokesman.

The trials in absentia have been sought by the Office of Attorney-General.

 

Meanwhile, lawyers representing Thaksin argued that the new law on trials in absentia, which took effect recently, could not be applied to these cases retroactively.

 

Suriyan Hongwilai, the court’s spokesman, said some of the judges who originally handled the cases against Thaksin may have retired, so it will take some time for the Supreme Court to convene senior judges to fill those vacant slots.

 

Public prosecutors have asked the high court to consider trials in absentia under the new criminal law against corruption committed by political office holders.

 

Thaksin was accused of abusing his power while in office for the conversion of a mobile phone concession fee into an excise tax to benefit his family’s company, and for the state-owned Krung Thai Bank’s approval of a fraudulent multi-billion-baht loan to the Krisada Mahanakorn Group.

 

Since Thaksin fled the country several years ago, the high court had suspended these and other cases involving the ex-premier because the law previously did not allow trials without the presence of the accused. Suriyan said the court would still seek the presence of Thaksin for these cases while also considering trials in absentia as requested by prosecutors.

 

However, Chusak Sirinil, chief of the Pheu Thai party, said it is against general principles to retroactively apply amendments to the criminal law when this will negatively affect a defendant. He argued that the high court had already suspended the cases, so the amendments should not be applicable in these cases.

 

Pichit Chuenban, a former lawyer for Thaksin, shared the same opinion, saying that old cases against the ex-premier are not applicable under the amendments to the criminal law for trials in absentia.

 

Source: http://www.nationmultimedia.com/detail/politics/30332282

 

-- © Copyright The Nation 2017-11-22

Any one running a book on the result?

And a second bet on the outcome of the subsequent court court case held in absentia.

 

A safe bet there. 

Why!! Do they think he might come back ?

13 hours ago, snoop1130 said:

However, Chusak Sirinil, chief of the Pheu Thai party, said it is against general principles to retroactively apply amendments to the criminal law when this will negatively affect a defendant. He argued that the high court had already suspended the cases, so the amendments should not be applicable in these cases.

 

Pichit Chuenban, a former lawyer for Thaksin, shared the same opinion, saying that old cases against the ex-premier are not applicable under the amendments to the criminal law for trials in absentia.

The retro nature of the cases is highly questionable.  Given that Thaksin will not show up and is happy to live his life outside of Thailand, any verdict will have little consequences.  It could end up being embarrassing if his lawyers present a strong case. 

I can see several cake boxes being delivered to certain judges over this, last thing thaksin wants is to be held accountable for what he did, much easier to wait till it all passes the time limits

2 minutes ago, seajae said:

I can see several cake boxes being delivered to certain judges over this, last thing thaksin wants is to be held accountable for what he did, much easier to wait till it all passes the time limits

 

At least this time the judges won't have their names, addresses and telephone numbers given out to red shirt storm troopers; face having their photos placed on burning coffins; have contaminated blood and excrement thrown at their properties; have grenades or ping-pong bombs thrown at their residences and offices; and won't have members of government warning them of dire consequences for the nation if they make the "wrong" call a la Chalerm.

 

So with intimidation ruled out and with the cake boxes not being received well last time, it only leaves attack through the media. As if anyone outside Thailand actually gives a toss!

14 hours ago, snoop1130 said:

lawyers representing Thaksin argued that the new law on trials in absentia, which took effect recently, could not be applied to these cases retroactively.

slippery slope applying laws retroactively

Ok i will have a rough guess at what decision they will  come to on this matter  Um um oh boy this is so tough to make this decision  I hope nobody thinks there is  pressure from The junta in this decision Democratic fully elected government  we all know we have Ok we will go ahead and put him on trail in his absence 

3 hours ago, YetAnother said:

slippery slope applying laws retroactively

It is not a new slope. They did it already against the "reds" after the 2006 coup.

Waste of time

On 11/23/2017 at 1:27 PM, candide said:

It is not a new slope. They did it already against the "reds" after the 2006 coup.

It seems the law is very flexible in Thailand.It is invoked as a weapon by the powerful to oppose or destroy what are perceived as hostile influences - particularly when outright violence is problematic (though violence will be deployed as a last resort).

 

The law really should be the means of protecting everybody's interests and arbitrating fairly.This isn't so in Thailand.The ideal is as stated by Thomas More in Man for All Seasons.

 

'Roper: So now you'd give the Devil benefit of law!
More: Yes. What would you do? Cut a great road through the law to get after the Devil?
Roper: I'd cut down every law in England to do that!
More: Oh? And when the last law was down, and the Devil turned round on you — where would you hide, Roper, the laws all being flat? This country's planted thick with laws from coast to coast — man's laws, not God's — and if you cut them down — and you're just the man to do it — d'you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake."

 

Now we feel the winds blowing in Thailand.