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Corruption’s escape routes closing one by one

Featured Replies

EDITORIAL

Corruption’s escape routes closing one by one

By The Nation

 

Revising the law so that Thaksin Shinawatra can be tried in absentia provides another weapon in the war on graft

 

There were noble enough intentions in amending the law covering fugitive political officeholders facing corruption and related charges. Procedures to combat graft had to be tightened, and now, in certain circumstances, these fugitives from justice can be tried in absentia. But questions are understandably being raised about making the revised law retroactive, chiefly because its first target will be Thaksin Shinawatra.

 

The former prime minister becomes the first high-profile defendant under the law that came into effect earlier this month. In developed countries, criminal law is not supposed to be applied retroactively if it hampers the defence of the accused. So a government request for the Supreme Court to proceed with charges against Thaksin – charges it had previously set aside due to his absence from the Kingdom – has raised eyebrows.

 

Corruption among political officeholders is among the most difficult crimes to combat. That’s why so few face prosecution while they remain in office, and even afterwards, when subsequent governments decline to pursue them for various reasons. If they are eventually challenged, the tendency is to resort to questioning the motives of those seeking to take action against them. If a politician is headed for trial, he suggests the motive is political, and it’s often enough to sway public opinion, even in cases where there is clear evidence of wrongdoing.

 

The situation regarding ex-premier Thaksin is extraordinary. He faces at least four more graft cases after having fled the country when the first resulted in a guilty verdict against him. Two of the cases are now being revived and could lead to trials in absentia. One concerns his alleged abuse of power in converting a concession fee for mobile phone services into an excise tax that benefited a listed company his family controlled. A former Thaksin Cabinet minister in charge of the matter recently completed a one-year jail term for his role in the affair.

 

The other case involves a multibillion-baht loan fraudulently granted by state-owned Krung Thai Bank to the Krisada Mahanakorn Group, an action that caused severe financial damage. The responsible former executives of Krung Thai Bank are currently serving long prison sentences.

 

Efforts to stop corruption, especially among elected politicians, have been relentless in recent years. Previously, such cases proceeded slowly through the judicial system simply because there were so many of them. It could take many years before they reached the Supreme Court, and the longer it took, the less likely it was that justice would be served. The solution was to develop a separate court system and establish a criminal-offence division at the Supreme Court specifically for political officeholders. When the concept was criticised for denying the accused the chance to ask the high court to review rulings, the law was amended to provide that option.

 

Now we have another amendment aimed at plugging yet another loophole stymieing prosecutors – the inability to try anyone not present in court. Trials in absentia are now allowed under specific conditions when the accused cannot be brought before the judges. 

 

There is still a long and winding road ahead in the war against corruption. What happens in the several cases involving Thaksin Shinawatra should reveal more about what needs to be done.

 

Source: http://www.nationmultimedia.com/detail/opinion/30332378

 
thenation_logo.jpg
-- © Copyright The Nation 2017-11-24

Yes ok what did you have for breakfast this morning weetabix by the sounds of things as the bull is running faster than ever before. Waste the tax payers money just to fulfill your own ego. I hear you are changing your name to Robert, yes I can see a resemblance.

1 hour ago, webfact said:

There is still a long and winding road ahead in the war against corruption. What happens in the several cases involving Thaksin Shinawatra should reveal more about what needs to be done.

 

Respectfully, this is nonsense.

 

This is a law designed to prosecute Thaksin. And when you have a law enacted essentially to prosecute one person or one side, it is a textbook example of unfair prosecution.

 

If you want to have a legitimate war on corruption in Thailand, I would strongly applaud that. However, it needs to be focused on ALL the corrupt people, not just those who aren't in favour with the PTB. Further, the NACC needs to be reformed from top to bottom; at the moment it resembles  a state funded political assassination squad for the PTB. Finally, there needs to be a serious prosecution of someone on the 'Yellow' side of equal stature to Thaksin or Yingluck. I would suggest Suthep, but that is simply my view.

 

BTW and FWIW, I think Thaksin is likely guilty of many, many things. However, in order for justice to be done, justice also needs to be seen to be done.

 

That hasn't happened in Thailand yet...

 

It doesn't matter how you slice it. The corrupt prosecuting the corrupt for corruption is little more than a turf war between two criminal gangs. Until Prayut comes clean about how he got so rich, and then threaten anyone who dares to raise this question, he has no right whatsoever to point the finger.  He is morally bankrupt, and not the sharpest knife in the drawer to boot. Once again I lay down the gauntlet to all the jumping junta-philes to explain to me how they think Prayut obtained his vast wealth on a soldier's salary, and how they can deem it all fine and well that he is going after others for being "unusually rich" while threatening those who question his own assets. Now, let the deafening silence of the demented minority ensue. 

To cut to the chase and save millions of words on the subject,

amend the laws that will allow the government to fleece naked

anyone and his family of all ill gained and unexplained loots,

hit them where it hurts the most, in thier pockets and thier relatives

and cohorts, only than the penny will drop and the rort will subside...  

9 minutes ago, stephen tracy said:

It doesn't matter how you slice it. The corrupt prosecuting the corrupt for corruption is little more than a turf war between two criminal gangs. 

Yes thats been pretty obvious to anyone with even half a brain, since the get go in this shennanigans. (Of which are a number of cb trolls, ei english john, djamey and stooge100)

Quote

There is still a long and winding road ahead in the war against corruption.

 

And still Thailand has not one son that can stand against a corrupt Junta takeover :passifier:

3 minutes ago, mania said:

 

And still Thailand has not one son that can stand against a corrupt Junta takeover :passifier:

Anyone who tries will be locked up or forced to flee like Major General Paween Pongsirin, who ran to Australia in fear of his life due to "influential figures in the Thai government".  Wonder who that could be and who is protecting them. 

But then of course there is zero action on the Paradise papers release implicating Thais .....or of course, the Rolls Royce affairs....!

I guess the name Shinawatra doesn't make the elite too happy, and the other gangsters of the above.....we'll discuss at the club!

Dont forget the guy hiding out in full view in Cambodia,forget his name,

but was involved in the water/sewerage plant corruption

that cost the taxpayer billions,anyone know if it's still unused,

there were talks of turning it into a fish farm !

 

regards worgeordie

Most things in Thailand look to be politically motivated.  There are very few who come across as pursuing the truth for the sake of the truth without ulterior motives.  Until that happens, it will appear that one side is just trying to get the upper hand on the other or turf war, as eloquently stated above. 

The Africanization of the political process in Thailand is now almost complete.  We have seen this in Cambodia where all opposition to the ruling party have been crushed.  The assumption by the ruling party that all opposition is disloyal and thereby must be enemies of the state has been institutionalized by the African states.  From there corruption charges against the enemies is the next logical process.  This becomes a cyclical process whenever a new leader is selected or elected.  Every new leader blames their predecessors for all problems and criminalizes them.  In Thailand the Thaksins are the current enemies of the state so they will be punished accordingly.  In the USA, we see that Trump wants to criminalize all of his political enemies as well.  

Edited by mlmcleod

5 hours ago, webfact said:

Corruption’s escape routes closing one by one

The problem is, some of them have a toll booth at the end allowing the influential to continue their journey. 

A fundamental principle of jurisprudence is that you cannot change the law retroactively to convict a person, neither can you the rules of evidence or court procedures. People must be tried under the rules that existed when the alleged criminal act occurred.

4 minutes ago, retarius said:

A fundamental principle of jurisprudence is that you cannot change the law retroactively to convict a person, neither can you the rules of evidence or court procedures. People must be tried under the rules that existed when the alleged criminal act occurred.

Not to much to worry about. They only intend to use the law once, that is to nail TS and his family, then the law will never be used again.

Same as YS being charged for not stopping corruption, it will never be used as a precedent for any other case in Thailand again.

6 hours ago, webfact said:

Efforts to stop corruption, especially among elected politicians, have been relentless in recent years.

OK......name a few please!

What they are saying is that you will now need to up the amount in the brown paper bag

& I know as they have just blatantly ask

5 hours ago, stephen tracy said:

It doesn't matter how you slice it. The corrupt prosecuting the corrupt for corruption is little more than a turf war between two criminal gangs. Until Prayut comes clean about how he got so rich, and then threaten anyone who dares to raise this question, he has no right whatsoever to point the finger.  He is morally bankrupt, and not the sharpest knife in the drawer to boot. Once again I lay down the gauntlet to all the jumping junta-philes to explain to me how they think Prayut obtained his vast wealth on a soldier's salary, and how they can deem it all fine and well that he is going after others for being "unusually rich" while threatening those who question his own assets. Now, let the deafening silence of the demented minority ensue. 

no silence here my friend. he got rich because we are in a corrupt country. that is NOT going to change. only who controls it can change. i like it how it is and yes, i like the general. he makes me laugh and thaksin never made me laugh. he was boring

So how does this work. Is Thaksin compelled to fight it, if not how is anyone in Thailand going to profit from it.

6 hours ago, kaorop said:

Yes thats been pretty obvious to anyone with even half a brain, since the get go in this shennanigans. (Of which are a number of cb trolls, ei english john, djamey and stooge100)

 

It's like an old fashioned Hollywood Western genre film plot. A turf war between rival factions, one of which gets themselves appointed Sheriff / Town Marshall  and then uses the law to fight the others. And all the time the poor suffering townsfolk suffer and get down trodden while the rival factions fight over the spoils.

 

Where's Randolph Scott or John Wayne when you need'em?

It looks good in print, but really just shows how petty this regime is. I can always come back to Red Bull.

 

The challenge will be article 44. I do believe that it could be challenged if impropriety has occurred. An offence against the crown is still an offence.

too many thais do a runner over seas when they face charges here, this is a great law but it also need to encompass all thais whether politicians or the rich. Doesnt matter which side of politics it catches up, no one will accept that their own are corrupt and need to be brought to trial, thaksin isnt the only one, there are several that have run away and all of them need to be tried so that if they ever do return they are locked up or that any of their wealth can be seized. All politicians need to be mindful that they cannot escape the law by running away and those that are already outside the country need to be included in this, making it apply to everyone would be even better.

5 hours ago, Happy enough said:

no silence here my friend. he got rich because we are in a corrupt country. that is NOT going to change. only who controls it can change. i like it how it is and yes, i like the general. he makes me laugh and thaksin never made me laugh. he was boring

An excellent criteria for approving a head of state. Having said that, at least you're not a hypocrite, and you are certainly entitled to your opinion. You're the first pro-junta TV member to ever have responded to that question with a straight answer.  And regardless of your views, that is something I can respect.

Revising the law so that Thaksin Shinawatra can be tried in absentia provides another weapon in the war on graft.

 

 Hmmm ........that in itself smacks of another kind of corruption.

4 hours ago, Oziex1 said:

So how does this work. Is Thaksin compelled to fight it, if not how is anyone in Thailand going to profit from it.

I suspect that they will find him guilty of corruption then state that the money made was passed on to his family especially offspring. 

They will then confiscate the money and try to impoverish all Shinawatras as with Yinluck.

12 hours ago, stephen tracy said:

Anyone who tries will be locked up or forced to flee like Major General Paween Pongsirin, who ran to Australia in fear of his life due to "influential figures in the Thai government".  Wonder who that could be and who is protecting them. 

Yep, I wonder.

" Efforts to stop corruption, especially among elected politicians, have been relentless in recent years. "

 

In the US that deflection is called "whataboutism".  When someone mentions corruption in the military, or police, or civil service, or judiciary, or with the rich and well-connected being above the law, the junta says "What about politicians!"

 

I will always be skeptical when people who give themselves full pardons for their crimes then attempt to look like corruption fighters.

15 hours ago, Baerboxer said:

 

It's like an old fashioned Hollywood Western genre film plot. A turf war between rival factions, one of which gets themselves appointed Sheriff / Town Marshall  and then uses the law to fight the others. And all the time the poor suffering townsfolk suffer and get down trodden while the rival factions fight over the spoils.

 

Where's Randolph Scott or John Wayne when you need'em?

 

I couldn't have put it any better myself :thumbsup:.

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