Judicial Officers Refuse to Provide Construction Plans to Committee Who Seek Their Demolition

[snoop1130]

Judicial Officers Refuse to Provide Construction Plans to Committee Who Seek Their Demolition

by CityNews

 

 

CityNews – The committee set up to restore the scar of Doi Suthep have been ignored by Judicial officers after asking for construction plans, in a bid to find a way to demolish the residences without breaking the law.

 

A meeting was held on May 31st at the City Hall to discuss the next steps in restoring the judicial residences area to the forest. On May 27th, a tree planting activity was carried out with a number of volunteers.

 

Full Story: http://www.chiangmaicitylife.com/news/judicial-officers-refuse-provide-construction-plans-committee-seek-demolition/

 

-- © Copyright Chiang City News 2018-06-01

[colinneil]

Well what did they expect?

The folk involved with the judiciary think they are above the law, they think they are the law.

[tracker1]

Why do they require plans to demolish when half the time plans arn't required to build structures or dwellings ! we all know nothings going to be done maybe demolish the builders accommodation

[davehowden]

Just a thought but maybe the original builder has some plans, but there again probably not, who needs plans anyway !

[cmsally]

This is a farce, it is basically contempt of court. But seeing as its the "committee" then they are not seeing it as such. They know no court official will go and make the order to produce the plans but if a channel is found to create this situation then it definitely is contempt of court.

This creates a textbook case illustrating what is wrong with the Thai judicial system .

There would be a parallel case with the illegal hotels they are closing down, maybe they should all just refuse to show their paperwork.

Why not just create the Fifth Amendment and then everyone can use it so they can refuse to produce evidence that incriminates themselves. But they would need to play fair and have the same rules for population and government !

[klauskunkel]

No Judge to judge Contempt of Committee

[Stargeezr]

Start knocking down some of the obvious violation area houses, and maybe see a change

of attitude. Likely not, because of the Judges arrogance..

[connda]

Good to see the Thai public totally incensed about this.  The Judaical can do as they please, like making encroachment legal, but the end result is them losing the support of the average citizen as they highlight their own self-importance and arrogance.  Perhaps Thailand is beginning to start to steer away from blind obedience and deference to the elite and influential.  Regardless how they rule, this isn't going to go away short of threatening the protesters at the end of a gun or actually shooting them which may be the ultimate course this drama takes.   And then you end up with martyrs and it still doesn't go away.  Nice to see a segment of Thai society actually sacking up.  Kudos!

Edited June 2, 2018 by connda

[scorecard]

5 hours ago, cmsally said:

This is a farce, it is basically contempt of court. But seeing as its the "committee" then they are not seeing it as such. They know no court official will go and make the order to produce the plans but if a channel is found to create this situation then it definitely is contempt of court.

This creates a textbook case illustrating what is wrong with the Thai judicial system .

There would be a parallel case with the illegal hotels they are closing down, maybe they should all just refuse to show their paperwork.

Why not just create the Fifth Amendment and then everyone can use it so they can refuse to produce evidence that incriminates themselves. But they would need to play fair and have the same rules for population and government !

 

Nice point in line one - senior judges committing contempt of court. Roll on overall judicial reforms. 

 

 

[gandalf12]

Knock the buildings down, remove and dispose of the waste in an environmentally way and charge the company who refuses to provide the documentation with the full cost of the demolition and the court fees.

Then charge all the "committee" members with contempt of court

Edited June 2, 2018 by gandalf12

[scorecard]

3 hours ago, klauskunkel said:

No Judge to judge Contempt of Committee

 

Well I wonder if it's possible to hold a referendum on the question:

 

- 'Should all the judges be sacked, never allowed to officiate in any form again, and some transparent form of selection / approval of many new judges, none with any history or political affiliation? 

 

 

 

[Srikcir]

20 hours ago, snoop1130 said:

The committee set up to restore the scar of Doi Suthep have been ignored by Judicial officers after asking for construction plans

Sue the officers in court .... oh, those officers might be the ones to hear the case.

Such a situation may merit a complaint to the NACC for abuse of power by court officers.

Not that the NACC is a reliable prosecutor but such a complaint would make NACC's position difficult with the judicial officers. And that might be a good thing.

[Srikcir]

4 minutes ago, scorecard said:

 

Well I wonder if it's possible to hold a referendum on the question:

 

- 'Should all the judges be sacked, never allowed to officiate in any form again, and some transparent form of selection / approval of many new judges, none with any history or political affiliation? 

 

 

 

There's maybe a much more basic question: "Should the judicial branch be allowed to privately own real estate or should such real estate be owned by the Thai government, ie., the Land Department or Treasury?"

When the military or any organization that operates outside the Legislative and Executive branches passes title to any real estate, whether in sale or grant, to any other organization that operates outside the Legislative and the Executive branch, the title holder must be within the ministries of the Executive branch.

[cmsally]

Basically this whole holiday villa fiasco is one big "contempt of court". The whole case brings the judiciary and its officials into disrepute.

The fact that no one actually realises this or maybe chooses to ignore it, would seem to suggest that any judicial reform is not going to be in the direction of fairness and reputation etc.

 

I also sense that the govt's insistence that the buildings must be completed before they are knocked down, will remove any possibilities that the resistance might take the contractors to court. Once they are completed the contractors will be out of the picture with them becoming govt property. Therefore only possible to take govt to court , well actually judiciary to court. This whole clause for "completion before demolition" seems to be because of the possibility of those resisting being able to take the building contractors to court. The whole thing smacks of the govt and its judicial branch seeing themselves as being beyond reproach.

 

[Cadbury]

The Prime Minister made a big thing of this a little time back and said he would fix the problem. But he needs to tread carefully. He can't go offending the judges, they might come in handy sometime. Nor can he afford to offend too many potential voters come election time.

Back in April the Secretary-General of the Office of the Judiciary said:

"The judiciary will not scrap the housing project at the foot of Doi Suthep mountain and will not demolish any of the buildings.....".

Also back in April the PM said:

"that in order to resolve the controversial judges’ housing project on Doi Suthep mountain in Chiang Mai’s Mae Rim district, all parties concerned must adhere to the letters of the law".

So it seems is the law that will decide the conflict. And who is it that interprets the law and makes the rulings.....the judges. 

I predicted way back the judges would win this one. After looking at the photo of the "committee" I am even more convinced. The wheels seem to be falling off the committee in "their efforts to find a way to demolish the residences without breaking the law".

 

 

[scorecard]

3 hours ago, Cadbury said:

The Prime Minister made a big thing of this a little time back and said he would fix the problem. But he needs to tread carefully. He can't go offending the judges, they might come in handy sometime. Nor can he afford to offend too many potential voters come election time.

Back in April the Secretary-General of the Office of the Judiciary said:

"The judiciary will not scrap the housing project at the foot of Doi Suthep mountain and will not demolish any of the buildings.....".

Also back in April the PM said:

"that in order to resolve the controversial judges’ housing project on Doi Suthep mountain in Chiang Mai’s Mae Rim district, all parties concerned must adhere to the letters of the law".

So it seems is the law that will decide the conflict. And who is it that interprets the law and makes the rulings.....the judges. 

I predicted way back the judges would win this one. After looking at the photo of the "committee" I am even more convinced. The wheels seem to be falling off the committee in "their efforts to find a way to demolish the residences without breaking the law".

 

 

 

So that possibly means:

 

 

- The judges will decide that it's quite OK for this complex to be built in this location, but with what law supporting their decision? Perhaps elitism?

 

- The judges will decide that building the complex in this location is illegal.... forget that one ...

 

 

But what seems to be totally missing is any proper balance structured open discussion as to why the complex was ever mooted in the first place and approved, and the morality and civil society issues involved and the massive expense already incurred. 

 

 

 

 

 

 

 

Edited June 2, 2018 by scorecard

[cmsally]

"Morality and Civil society "  ??? Any discussion about these would involve the premise that they are important.

I'm not sure even where to start on this one ! But let's just suffice it to say, some people don't consider these as important.

[Cadbury]

39 minutes ago, scorecard said:

 

So that possibly means:

 

 

- The judges will decide that it's quite OK for this complex to be built in this location, but with what law supporting their decision? Perhaps elitism?

 

- The judges will decide that building the complex in this location is illegal.... forget that one ...

 

 

But what seems to be totally missing is any proper balance structured open discussion as to why the complex was ever mooted in the first place and approved, and the morality and civil society issues involved and the massive expense already incurred. 

 

 

 

 

 

 

 

Your final paragraph sums it up. Everyone whinging after the event but no one puts their hands up as to why it was ever approved in the first place. We all know the answer....money!

[scorecard]

52 minutes ago, cmsally said:

"Morality and Civil society "  ??? Any discussion about these would involve the premise that they are important.

I'm not sure even where to start on this one ! But let's just suffice it to say, some people don't consider these as important.

 

Sadly...

[Denim]

Where is article 44 when you need it ?

 

Oh....I forgot. Junta needs to keep the judiciary sweet to rubber stamp its doings.

 

Would it be too vulgar to compensate the judges with a 10 million baht gift each to compensate them for losing free homes paid for by the taxpayer.

 

Problem is , as venal as they are they also think that they should emerge from this scandal smelling of roses.

 

A question of wanting the cake and eating it too.

[Srikcir]

1 hour ago, scorecard said:

But what seems to be totally missing is any proper balance structured open discussion as to why the complex was ever mooted in the first place and approved

Why?

Maybe to further band (both physically and spiritually) the elements of the bureaucratic polity composed of the military, bureaucrats and business (the oligarchies) to maintain control over the electoral polity (elected representatives and the electorate). It is this dual polity that pits those of moral superiority against the one-man one vote participatory governance.¹

 

Thus, the Thai public witnesses the open arrogance of the bureaucratic polity as the self-appointed deciders in any resolution of the Doi Suthep project to calm the complaints of the populace whose tax dollars and environment are being abused without their consent. Prayut and the Courts initial stance to the public was "Go away, there's nothing to see here." This then devolves into a minor concessionary "We'll see what can be done at our convenience."

 

¹Somewhat relevant is the article Populist policies and the rural-urban divide by Puangthong Pawakapan, published in the International Institute for Asian Studies Newsletter No. 70 Spring 2015 - obviously needs to be updated.

 

[a977]

12 hours ago, Denim said:

Where is article 44 when you need it ?

 

Oh....I forgot. Junta needs to keep the judiciary sweet to rubber stamp its doings.

 

Would it be too vulgar to compensate the judges with a 10 million baht gift each to compensate them for losing free homes paid for by the taxpayer.

 

Problem is , as venal as they are they also think that they should emerge from this scandal smelling of roses.

 

A question of wanting the cake and eating it too.

The junta also needs an out after the election in case there are corruption charges brought against " he who must be obeyed" and Mr P of the watch scandal and others

[bkk6060]

Who cares??

It is totally a non issue for me affects my life not what so ever.