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Worrisome “media shares” rulings in recent past


snoop1130

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While Move Forward leader Pita Limjaroenrat has taken certain actions regarding the iTV share controversy, history is not on his side. Some media reports have dug up similar cases that seemed inconsequential at first but eventually cost election candidates their parliamentary future.

 

Let’s forget Thanathorn Juangroongruangkit for a minute, although his case should be Pita’s biggest worry. When Future Forward (now Move Forward) submitted its list of party-list candidates to the Election Commission in 2019, it included the name of Thanwarin Sukhapisit, a filmmaker-turned-politician. The candidate held shares in two companies _ Head Up Production and I’m Fine Production.

 

In its ruling that disqualified the MP, the Constitution Court said it looked primarily at two questions _ Were the firms “active” when the candidacy was registered? And if so, did the affected person own their shares on the electoral application day?

 

Thanwarin’s “ownership” seemed more straightforward than Pita’s possession of iTV shares, which he said were under his name only because he was the executor of his father’s will. Pita, who did not list the iTV stocks in his compulsory assets reportto the authorities, has transferred out the questionable shares, but what the Constitutional Court looked at in Thanwarin’s case, the date of the electoral application, might suggest that late transfer was irrelevant.

 

Now, Thanathorn. What does his case tell us? Thanwarin’s case went somewhat under the radar, probably because Future Forward leader Thanathornhad earlier been disqualified as an MP in the V-Luck Media share uproar. V-Luck Media was not involved in controversial content, but the Thanathorn ruling reminded many of legal precedents which show that the judges give considerable importance to what may happen “in the future.”

 

There are cases that may look stronger than Pita’s because they involved full or larger “ownership”, but the Supreme Court’s opinion on “inactivity” is remarkable.

 

One such case had to do with Chat Pattana’sconstituency candidate Anusorn Kasemwan. Before 2019, he reportedly owned a printing company that issued a little-known newspaper _ Sue Klang SaphaThai _ which he insisted had stopped printing for two years when he sought candidacy registration. In an appeal to the Supreme Court against the Election Commission which had ruled against his election candidacy application, he said his ownership must have ended according to the printing law.

 

The Supreme Court, in killing the appeal, ruled that unilateral end of printing (without related authorities being officially notified) meant the “ownership” remained.

 

By Tulsathit Taptim

 

Full Story: https://www.thaipbsworld.com/worrisome-media-shares-rulings-in-recent-past/

 

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-- © Copyright Thai PBS 2023-06-09
 

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I think it is probably inevitable that the EC will refer Pita and MFP to the Constitutional Court, probably at the latest stage possible.

 

Then there are two possible courses, form a government from whatever is left after MFP is suspended/or banned, or ( and this I suspect will be the most popular from the point of view of the establishment as it will also prevent PT getting into power) annul the whole election and hold a fresh one in due course, mindful of the economic and social disruption a second election will cause. This second should give the current regime up to a year perhaps in power, and chances to get the job done properly this time!

 

The real decision to be taken will be, do they think that they have the muscle to keep the lid on things if they do this?

I'll bet there is some pretty desperate number crunching going on in the Officers Messes!

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1 minute ago, herfiehandbag said:

think it is probably inevitable that the EC will refer Pita and MFP to the Constitutional Court, probably at the latest stage possible

Pretty sad. Trivial matter at best. No wonder most people hate politics.

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3 hours ago, snoop1130 said:

Were the firms “active” when the candidacy was registered? And if so, did the affected person own their shares on the electoral application day?

No to the 1st so the 2nd is moot. The nit picking will come with the 1st. Was ITV actice? From what I gather they were active in only hiring out equipment.

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24 minutes ago, bignok said:

Pretty sad. Trivial matter at best. No wonder most people hate politics.

Agreed, but it will suffice to give them an initial smokescreen.

 

There may well be those, amongst the more gung ho, who expect the almost inevitable protests will fire up the calls and give them the excuse they need - a government by a National Council to Preserve Order or some such Orwellian title.

 

The imperitive must be to stay in power until the new Senate can be appointed. Then they can relax, and allow a new election - rinse and repeat.

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We were told yesterday that the shears were "worthless".

So, how much is worthless, if before iTV lost its frequency, so  lets  just say, the shears where worth 100 baht each after the company lost it frequency the shears were worth 2 baht each, they may be worthless to the owner, but to the EC  they are still worth something, and the main thing still in his name.

I would say he kept the shears in the hope that they might rise again, unlikely but they you go. 

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1 hour ago, dinsdale said:

No to the 1st so the 2nd is moot. The nit picking will come with the 1st. Was ITV actice? From what I gather they were active in only hiring out equipment.

From reading the article on the CC interpretation , to be inactive requires the company to be formally dissolved. The fact that the company is not currently carrying out any business is immaterial, (  from previous cases listed in the article), 

 

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1 hour ago, bignok said:

Pretty sad. Trivial matter at best. No wonder most people hate politics.

Politics is very interesting. We are seeing it in action right now. Other factors are involved which makes Thai politics very interesting indeed. The defence of the Three Pillars is now front and centre and is being defended by a very powerful minority against a majority of the population who voted for change. "Most people hate politics"  because they don't care and/or don't understand. A country's future hangs in the balance and it's politics which will direct which way it goes. Love it or hate it politics is and has always been part of our lives.

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19 minutes ago, dinsdale said:

Politics is very interesting. We are seeing it in action right now. Other factors are involved which makes Thai politics very interesting indeed. The defence of the Three Pillars is now front and centre and is being defended by a very powerful minority against a majority of the population who voted for change. "Most people hate politics"  because they don't care and/or don't understand. A country's future hangs in the balance and it's politics which will direct which way it goes. Love it or hate it politics is and has always been part of our lives.

What's interesting about a bunch of spoilt rich paper shufflers wasting time? Doing nothing for the poor, the sick, the average person. The state of politics is very bad. Arguments over trivial nonsense.

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3 minutes ago, bignok said:

What's interesting about a bunch of spoilt rich paper shufflers wasting time? Doing nothing for the poor, the sick, the average person. The state of politics is very bad. Arguments over trivial nonsense.

That in itself is interesting. Why does this happen? Will it continue to happen? Will the people rise up? Will things change? etc., etc. These are all questions based in, among other things, politics. It cannot be avoided like it or not. It is part of the global system we live in.

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6 minutes ago, dinsdale said:

That in itself is interesting. Why does this happen? Will it continue to happen? Will the people rise up? Will things change? etc., etc. These are all questions based in, among other things, politics. It cannot be avoided like it or not. It is part of the global system we live in.

It is sad. Nothing changes except people at the top pretending to care to win votes. They are all liars.

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12 minutes ago, bignok said:

It is sad. Nothing changes except people at the top pretending to care to win votes. They are all liars.

It is sad. It seems that every interest except the people's is what politics is about. It should be the opposite. Politicians are meant to be the representitives of the people.

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1 hour ago, dinsdale said:

Politics is very interesting. We are seeing it in action right now. Other factors are involved which makes Thai politics very interesting indeed. The defence of the Three Pillars is now front and centre and is being defended by a very powerful minority against a majority of the population who voted for change. "Most people hate politics"  because they don't care and/or don't understand. A country's future hangs in the balance and it's politics which will direct which way it goes. Love it or hate it politics is and has always been part of our lives.

Yes.

As Russians are learning you may not be interested in politics but politics is interested in you.

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"Precedent" isn't really as important "who" is being subjugated to the "law of rule" in Thailand, and "why" they are being persecuted.

 

The judicial system is flawed, and relies on zero transparency. It's roots in Sakdina and the Law of the Three Seals continue to corrupt Thai society to this day. Nothing can or will ever be done to address this fatal flaw.

 

 

 

 

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Doesn't look like Prayut or his cronies did anything wrong under the constitution. That's the crux of it. Only MF is being investigated. 

 

If MF is not dissolved but they hold the election again, MF will win by a bigger majority. Hope they have 3 prime ministerial candidates next time. 

 

If the party is dissolved and they aren't allowed to form a new one in time then PT will win a landslide with a lower turnout. 

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