Ex-court chief ‘shocked’ by ruling on anti-graft agency

By THE SUNDAY NATION

 

 

A FORMER president of the Constitutional Court yesterday voiced his “shock and disappointment” at the latest verdict by the court regarding the legislative assembly’s amendment to the organic law governing the anti-graft agency.

 

Supoj Khaimuk, a member of the Constitution Drafting Commission (CDC) who previously served as president of the Constitutional Court, said that although the National Legislative Assembly (NLA) had the power to issue an organic law, such legislation must not go against the Constitution.

 

“The Constitution is like mother and the organic law a child. Lawmakers should avoid writing a law in a way that it ‘kills its mother’, or you will end up allowing that law to commit matricide,” Supoj said.

 

“I was disappointed and shocked when reading the Constitutional Court’s judgment,” he said.

In a unanimous verdict, the Constitutional Court on Friday ruled in favour of the revised Article 185 of the organic law on prevention and suppression of corruption. Before the organic law governing the National Anti-Corruption Commission (NACC) was passed in December, the NLA had revised the original version drafted by the CDC. 

 

The CDC version allowed NACC commissioners to remain in office only if they met the qualifications or were not disqualified by the stipulations in the Constitution. 

 

The NLA revised the bill proposed by the CDC by waiving certain disqualifications for NACC members stipulated in the charter. As a result, all the NACC members remained in office. In February, 32 NLA members petitioned the court for a ruling on the matter.

 

The Constitutional Court found the NLA waiver of disqualifications was not against the charter, according to a press release from the court’s office.

 

Supoj said yesterday that he was worried such a verdict would become a precedent for law-drafting in the future. For him, the revised version obviously was against the legal principle by allowing people with disqualifications to remain in office.

“This, in effect, opens a loophole in the law,” he added.

 

Source: http://www.nationmultimedia.com/detail/politics/30340657

 

 

-- © Copyright The Nation 2018-03-11

12 minutes ago, rooster59 said:

“This, in effect, opens a loophole in the law,” he added.

trying to defend or even make sense of thailand's legal system is a tough one

Okay, I didn't understand the significance of this ruling yesterday.

 

This ruling allows the Junta appointed, unqualified people in the NACC to remain in place when they should be shown the door. Or, in other words, the people the Junta put in place to protect themselves and prosecute their political foes will stay. Yes, the NACC will continue to be the political assassins of the Junta long after they are gone and Thailand will not have a credible anti-corruption agency for the foreseeable future.

 

Another example of the Junta mis-using the law to serve their own interests to the detriment of the Thai people. Once again, the rule of law has been made a joke by the military.

 

No wonder this country is so messed up...

 

Edited March 11, 20188 yr by Samui Bodoh
Lack of coffee

When a former president of the constitutional court is shocked at the ruling, it just shows how much little p and his cronies interfere and screw up justice.

I'm surprised that anything shocks anyone anymore!

Just the sort of news that Transparency International was looking for. Let's watch Thailand's CPI rating reflect junta gerrymandering, come the year end. One more massive challenge for the 'Young Turks' or whoever is brave and big enough to try to lift this country out of its sorry mire.

Who am I to question the double meaning laws of Thailand, however if you can now appoint an unqualified or disqualified person I'm in............................................. 

It is comments like this from this high-level guy that amaze me and actually prove to me that such Thais are truly and totally DELUSIONAL.

 

It is NOT just hypocrisy on their part - it is way, way beyond that. These types are suffering from a complete reality bypass - they cannot perceive what is glaringly obvious about this country and its institutions to the rest of us (certainly most of us on Thaivisa!). Thailand does not just have  a large degree of corruption -   it IS, IN ITS DNA, CORRUPTION ITSELF. The definition and demonstration of corruption and lies and immorality (I'm not talking about sex here, but ethicality) IS THAILAND. The place is totally screwed up, morally - and yet people like this 'educated' and previously influential guy simply cannot see it. To do so would mean their whole carefully crafted, fairytale image of Thailand (starting with unmentionables ...)  would come crashing to the ground - and destroy their mental equilibrium, even sanity, in the process.

 

So: such hi-sos are genuinely 'shocked' when they are forced to see, in public, a tiny slither of the cosmic DNA of corruption which is Thailand!

 

 

Yai, loophole! 

8 minutes ago, klauskunkel said:

Yai, loophole! 

 

There has always been a loophole to all Thai laws.

 

It's called money. Lots and lots of money ???.

3 hours ago, rooster59 said:

The NLA revised the bill proposed by the CDC by waiving certain disqualifications for NACC members stipulated in the charter. As a result, all the NACC members remained in office. 

In other words....Even if your qualifications are zero, zilch, nada and no matter how many times you have been caught with your fingers in the cookie jar...You can keep your job...as long as we (the powers) can trust you to vote with us in cases involving political foes....

5 hours ago, rooster59 said:

opens a loophole in the law,

Loopholes are unintentional .  This is more like a back door.  The current government hates due process and rule of law, otherwise why would it come out with A44 ?

3 hours ago, Ossy said:

Just the sort of news that Transparency International was looking for. Let's watch Thailand's CPI rating reflect junta gerrymandering, come the year end. One more massive challenge for the 'Young Turks' or whoever is brave and big enough to try to lift this country out of its sorry mire.

do Transparency International bother to look at Thailand? I have not seen much at all.

1 minute ago, alant said:

do Transparency International bother to look at Thailand? I have not seen much at all.

I doubt that Transparency International bother to look at Thailand at all - because they know that in this land there is nothing but total fog (literal and metaphorical!).

5 hours ago, Samui Bodoh said:

No wonder this country is so messed up...

No, we just do not understand Thailand and thai-ism apparently or anything that goes completely against sanity !

The LAW 

Have all of you considered the good side?

 

If a mere vote by the NLA is enough to override provisions of the constitution, then what other nuggets could be over-ridden should the Forces of Goodness take control of the Legislature?

 

Of course, that would imply that the Court would use a modicum of reason and logic to follow precedent on future votes, soooooo I guess that won't happen...

 

Still...

7 hours ago, Samui Bodoh said:

Okay, I didn't understand the significance of this ruling yesterday.

 

This ruling allows the Junta appointed, unqualified people in the NACC to remain in place when they should be shown the door. Or, in other words, the people the Junta put in place to protect themselves and prosecute their political foes will stay. Yes, the NACC will continue to be the political assassins of the Junta long after they are gone and Thailand will not have a credible anti-corruption agency for the foreseeable future.

 

Another example of the Junta mis-using the law to serve their own interests to the detriment of the Thai people. Once again, the rule of law has been made a joke by the military.

 

No wonder this country is so messed up...

 

 

Not sure you're right. Isn't it a case of some people who would, due to a change in the law, have to leave their role, being allowed to remain in office until the end of their tenure rather than having to leave immediately?

 

The Junta introduced the law on new standards for these positions and appear to have backtracked rather than forcing some occupants to leave.

 

Whether any have the right qualifications and how / why they were initially appointed is another lot of questions.

5 minutes ago, Baerboxer said:

 

Not sure you're right. Isn't it a case of some people who would, due to a change in the law, have to leave their role, being allowed to remain in office until the end of their tenure rather than having to leave immediately?

 

The Junta introduced the law on new standards for these positions and appear to have backtracked rather than forcing some occupants to leave.

 

Whether any have the right qualifications and how / why they were initially appointed is another lot of questions.

Either way.. why set standards and change laws if you later backtrack. I think its a good idea to make sure people have qualifications because otherwise nepotism would be even more damaging then it is now. 

1 minute ago, robblok said:

Either way.. why set standards and change laws if you later backtrack. I think its a good idea to make sure people have qualifications because otherwise nepotism would be even more damaging then it is now. 

 

But nothing is really real here. If people don't have qualifications then they'll just award themselves them!

Just now, Baerboxer said:

 

But nothing is really real here. If people don't have qualifications then they'll just award themselves them!

Good point that can happen too. I am still a bit shocked by the report in the BKK post that the head of police in Kanchanaburi who made the mistakes in the lottery case is supposed to have made them because inexperience.. why then did he become head of the police over there if he was not experienced.

 

Its really a problem here having stupid people in places of power.

2 hours ago, Eligius said:

I doubt that Transparency International bother to look at Thailand at all - because they know that in this land there is nothing but total fog (literal and metaphorical!).

This corrupt planet takes a lot of watching over and, like many agencies, TI's remit is a watching and reporting one. Besides including Thailand in its 180-nation list, it does comment, albeit broadly, on those regions where the really bad boys hang out and there are over 80 of those who fare worse than Thailand's shameful 96th position. I'm sure you've seen the chart, but hear it is, as well as the Asia-Pacific report:-

 

https://www.transparency.org/news/feature/corruption_perceptions_index_2017?utm_medium=email&utm_campaign=CPI 2017 Newsletter&utm_content=CPI 2017 Newsletter+CID_738c2e5efa44a94aa4a36cd46b75f79e&utm_source=Email marketing software&utm_term=Corruption Perceptions Index 2017

 

https://www.transparency.org/news/feature/slow_imperfect_progress_across_asia_pacific

 

To accuse TI of inaction is a little harsh, maybe.

9 hours ago, Samui Bodoh said:

No wonder this country is so messed up...

 

Just imagine the fallout if you said that,face-to-face, to a moderately thinking Thai;

Rather than considering the content,the Thai would go full defensive and ending up, predictably,

'If you don't like it here,go home';

Illustrates both shallow thinking and fragile ego

10 hours ago, rooster59 said:

“The Constitution is like mother and the organic law a child.

No, each new Constitution is a Frankenstein written by the coupe-of-the month club and the organic laws that follow are like a retarded child.

This former Constitution Court judge is an example of judicial failure in what was supposed to be a democratic society. You know, the one where it's the people of Thailand through their elected representatives who draft constitutions that become the law of THEIR land. Instead it's the successive coupe leadership that appoints its surrogates (like the Five Rivers) that appoints draft writers and follow the guidance of the juntas.

Supoj Khaimuk's shock and disappointment isn't worth a baht. But apparently his ego is priceless.

4 hours ago, Samui Bodoh said:

Have all of you considered the good side?

 

If a mere vote by the NLA is enough to override provisions of the constitution, then what other nuggets could be over-ridden should the Forces of Goodness take control of the Legislature?

 

Of course, that would imply that the Court would use a modicum of reason and logic to follow precedent on future votes, soooooo I guess that won't happen...

 

Still...

Have you forgotten past events?

 

When Abhisit used his number to alter the 2007 Junta constitution to increase the number of party list members to help his chances in the 2008 election.... there was no problems.

 

When Yingluck moved to legally amend the 2007 Junta constitution to return the Senate to being a fully elected body, the elite controlled courts stepped in and Suthep took to the streets..... an elected government was bought down.

 

http://www.bbc.com/news/world-asia-24997184

 

Just because the elite / military / Democrats can do as they please does not mean that elected governments can also do as they please.

 

You forget how Thailand operates, do as we say, not as we do!

Edited March 11, 20188 yr by pornprong

6 minutes ago, pornprong said:

Have you forgotten past events?

 

When Abhisit used his number to alter the 2007 Junta constitution to increase the number of party list members to help his chances in the 2008 election.... there was no problems.

 

When Yingluck moved to legally amend the 2007 Junta constitution to return the Senate to being a fully elected body, the elite controlled courts stepped in and Suthep took to the streets..... an elected government was bought down.

 

http://www.bbc.com/news/world-asia-24997184

 

Just because the elite / military / Democrats can do as they please does not mean that elected governments can also do as they please.

 

You forget how Thailand operates, do as we say, not as we do!

Er... Ahem... Did you not actually read my post? All of it? You are making the same point that I made.

 

But, we agree.

 

The 'Reds' have to follow the rules.

 

The 'Yellows and Greens' (as I loosely refer to them) are cheating cheaters who cheat. And, they are cheating cheaters who cheat a lot.  And, when they get tired of cheating, they grab a chair and cheat from the sitting position. When refreshed, they stand and resume their cheating ways of cheating a lot. And while I am not entirely sure how they do it, I am convinced that they cheat in their sleep as well.

 

Cheers

 

14 minutes ago, Samui Bodoh said:

Er... Ahem... Did you not actually read my post? All of it? You are making the same point that I made.

 

But, we agree.

 

The 'Reds' have to follow the rules.

 

The 'Yellows and Greens' (as I loosely refer to them) are cheating cheaters who cheat. And, they are cheating cheaters who cheat a lot.  And, when they get tired of cheating, they grab a chair and cheat from the sitting position. When refreshed, they stand and resume their cheating ways of cheating a lot. And while I am not entirely sure how they do it, I am convinced that they cheat in their sleep as well.

 

Cheers

 

Three cheats to the wind . . . sort of.

1 hour ago, pornprong said:

Have you forgotten past events?

 

When Abhisit used his number to alter the 2007 Junta constitution to increase the number of party list members to help his chances in the 2008 election.... there was no problems.

 

When Yingluck moved to legally amend the 2007 Junta constitution to return the Senate to being a fully elected body, the elite controlled courts stepped in and Suthep took to the streets..... an elected government was bought down.

 

http://www.bbc.com/news/world-asia-24997184

 

Just because the elite / military / Democrats can do as they please does not mean that elected governments can also do as they please.

 

You forget how Thailand operates, do as we say, not as we do!

YL was brought down because she wanted to bring back a convicted criminal and pardon around an other 30.000 cases many of them corruption cases. Don't mixup your story, the people came out when they found out Thaksin would be under the amnesty too.

 

It was the good people student and so on who started it and later Suthep joined in. But it did not start like that it started with students and normal people who just could not stand such injustice of granting an amnesty to that crook. Also the way it was done was of course not the way a democratic country works. Secretly between readings adding his name.

 

 

8 hours ago, alant said:

do Transparency International bother to look at Thailand? I have not seen much at all.

Probably consider it a lost cause.

 

2 hours ago, robblok said:

YL was brought down because she wanted to bring back a convicted criminal and pardon around an other 30.000 cases many of them corruption cases. Don't mixup your story, the people came out when they found out Thaksin would be under the amnesty too.

 

It was the good people student and so on who started it and later Suthep joined in. But it did not start like that it started with students and normal people who just could not stand such injustice of granting an amnesty to that crook. Also the way it was done was of course not the way a democratic country works. Secretly between readings adding his name.

 

 

So why do they put up with the Junta's rampant corruption and total abuse of power, not to mention blanket amnesty?