Prospective PM Pita clears a hurdle… next the parliamentary vote

[webfact]

Thailand’s Election Commission has unanimously dismissed three official complaints against Move Forward party leader Pita Limjaroenrat, who was accused of holding 42,000 shares in iTV, a media company. The complaints were filed by various individuals, including serial litigant Ruangkrai Leekitwattana.

 

But the EC says that the complaints were submitted after the prescribed time limits and therefore could not be considered.

 

Despite dismissing the complaints, the EC acknowledged that there were factual and behavioral aspects in the allegations that warranted further investigation. The commission indicated that it would probe whether Pita was aware of his disqualification to run for the election when he registered his candidacy. Such awareness, if proven, would violate Sections 42(3) and 154 of the MP Election Act.

 

By Peter Roche

 

Full story: https://phuket-go.com/phuket-news/national-news/prospective-pm-pita-clears-a-hurdle-next-the-parliamentary-vote/

 

-- © Copyright Phuket GO 2023-06-10

 

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[Eric Loh]

The EC vetted his eligibility in 2019 and in 2023 elections. He was the MP from 2019-2023 and the EC didn’t find the need to probe his qualification. Now EC want to investigate his eligibility. EC should be 

 investigated for dereliction of duty in their vetting process. 

[hughrection]

I have now accepted the fact that he will never be PM. He will be made a MP and then section 42 & 154 will be envoked to throw him out.

The whole party will be disbanded as he endorsed them as candidates.

PT will go into a coalition with Anuttin & Prawit's party but with him stepping down as leader.

If Prawit doesn't step down then there will be a stalement and a new election will need to be called. That will take at least a year to organise and big surprise, Prayut will serve out his final term.

 

It caused me great sadness but this is the road ahead and I suspect it was mapped out like this from the beginning.

 

On the plus side, by this time Thannathon will have served his 10 years and can then be a PM candidate again for the next election. It is a waiting game and eventually the Future Forward or whatever their new name will be when they are disbanded again will lead the government.

[ikke1959]

The EC has so many hurdles and hiddenlaws/rules that it seems impossible for non military people to make a Government. Stop with all these outdated and useless rules.. Media shares who cares... The military have them all and they decide what people can and may see or hear.. That is why nobody can possess any and will banned imprisoned as if they are terrrible criminals, but  the real ones have made these stupid rules

[Olav Seglem]

As said before, Thailand is quickly becoming  "banana kingdom" of the sivilized world.

And make this all by themselves :-)

 

[dinsdale]

1 hour ago, webfact said:

The commission indicated that it would probe whether Pita was aware of his disqualification to run for the election when he registered his candidacy. Such awareness, if proven, would violate Sections 42(3) and 154 of the MP Election Act.

How do you prove awareness? "No I wasn't aware." "Ok then. Off you go." 

[WHansen]

Third world rules for a third world country. A developing country....don't make me laugh

[Eleftheros]

The dinosaurs-that-be would rather gargle battery acid than allow Pita to become PM.

 

Whether he is technically in breach of some badly written law is irrelevant; the interpretation is everything and the dinosaurs are firmly in charge of that process.

 

Thailand is now stuck between the future (Pita) and the past (Army, Crown, Electoral Commission, and Constitutional Court) and my guess is that the 'past' has too much to lose to allow this guy near the levers of power.

 

I expect that they will try to shove him in jail, because in their eyes, that makes the process look more legitimate.

 

The question remains: What will happen on the streets if it plays out like this?

[neeray]

55 minutes ago, Eleftheros said:

The dinosaurs-that-be would rather gargle battery acid than allow Pita to become PM.

 

Whether he is technically in breach of some badly written law is irrelevant; the interpretation is everything and the dinosaurs are firmly in charge of that process.

 

Thailand is now stuck between the future (Pita) and the past (Army, Crown, Electoral Commission, and Constitutional Court) and my guess is that the 'past' has too much to lose to allow this guy near the levers of power.

 

I expect that they will try to shove him in jail, because in their eyes, that makes the process look more legitimate.

 

The question remains: What will happen on the streets if it plays out like this?

Your last sentence is the crux of the matter. ("The question remains: What will happen on the streets if it plays out like this?")

[hotchilli]

20 hours ago, webfact said:

The commission indicated that it would probe whether Pita was aware of his disqualification to run for the election when he registered his candidacy. Such awareness, if proven, would violate Sections 42(3) and 154 of the MP Election Act.

Is this an opt-out of jail card by the EC?

[kennw]

10 hours ago, Eleftheros said:

The dinosaurs-that-be would rather gargle battery acid than allow Pita to become PM.

 

Whether he is technically in breach of some badly written law is irrelevant; the interpretation is everything and the dinosaurs are firmly in charge of that process.

 

Thailand is now stuck between the future (Pita) and the past (Army, Crown, Electoral Commission, and Constitutional Court) and my guess is that the 'past' has too much to lose to allow this guy near the levers of power.

 

I expect that they will try to shove him in jail, because in their eyes, that makes the process look more legitimate.

 

The question remains: What will happen on the streets if it plays out like this?

Sorry but i think you are wrong, he is stuck between Taksin's party, their unexpected loss and their plans to allow him to return with a get out of jail free card.  

[zzaa09]

The Thai people would like their country back.

I believe they've already spoken......and aren't gonna repeat themselves.

[TimeMachine]

20 hours ago, dinsdale said:

How do you prove awareness? "No I wasn't aware." "Ok then. Off you go." 

Perhaps he discussed with other people who have recorded evidence. Record everything people. Or record nothing. 

[eisfeld]

22 hours ago, webfact said:

The commission indicated that it would probe whether Pita was aware of his disqualification to run for the election when he registered his candidacy. Such awareness, if proven, would violate Sections 42(3) and 154 of the MP Election Act

Weird reporting. There is no such act. MPs can be members of the House or Senate. They probably mean the act regarding election of members of the House of Representatives. Section 42(3) of that is just the prohibition on being a shareholder of a media company, nothing in there speaks of any awareness. And section 154 is just specifying the punishment for people who brake section 63 which in turn talks about how much a party or candidate can spend. So you can't even violate section 154 because it doesn't state what can or can't be done.

 

And how does it make sense to dismiss the complaints but then go and investigate exactly what the complaint containted?

Edited June 11, 2023 by eisfeld

[bannork]

This latest ' probe' by the EC, possibly being sent to the Constitutional Court, will take months to conclude and gives the conservative Senators the perfect excuse to not vote for him,

 ' I would have voted for the boy, winning party and all that, but Thailand needs stability, a PM who will be around for years ( like Prayuth- oops delete that). It's no use voting for someone facing possible disqualification'.

So Settha will be the Senators' choice for PM 

Will they stay with MF and the coalition formed?

Many analysts think they will, the backlash if they team up with the military backed parties will be too great.

A sticking point, still unresolved is the post of House Speaker. I believe MF should fight tooth and nail for this as there's little hope Pita will be PM 

[bannork]

6 minutes ago, eisfeld said:

Weird reporting. There is no such act. MPs can be members of the House or Senate. They probably mean the act regarding election of members of the House of Representatives. Section 42(3) of that is just the prohibition on being a shareholder of a media company, nothing in there speaks of any awareness. And section 154 is just specifying the punishment for people who brake section 63 which in turn talks about how much a party or candidate can spend. So you can't even violate section 154 because it doesn't state what can or can't be done.

 

And how does it make sense to dismiss the complaints but then go and investigate exactly what the complaint containted?

It's called let's throw enough mud to block his chance of being PM 

[h90]

21 hours ago, ikke1959 said:

The EC has so many hurdles and hiddenlaws/rules that it seems impossible for non military people to make a Government. Stop with all these outdated and useless rules.. Media shares who cares... The military have them all and they decide what people can and may see or hear.. That is why nobody can possess any and will banned imprisoned as if they are terrrible criminals, but  the real ones have made these stupid rules

Media shares were to prevent Thaksin or Berlusconi using his media empire to promote himself. The rule makes sense when someone owns a media empire, not when someone has 3 shares in his portfolio....sloppy work writing the law.

[h90]

36 minutes ago, zzaa09 said:

The Thai people would like their country back.

I believe they've already spoken......and aren't gonna repeat themselves.

What have "The Thai people" spoken? 28% of the voters (25% did not vote) have voted MF. 72% have voted different or not at all.

And beside that, even if someone is elected this person can't brake the laws, no matter if 100% vote for him.

[scorecard]

1 hour ago, kennw said:

Sorry but i think you are wrong, he is stuck between Taksin's party, their unexpected loss and their plans to allow him to return with a get out of jail free card.  

And why has the aymaster chosen right now (in the midst of all of the complicaions for pita and his party) to proclaim he will return home?

 

And what's the paymaster really expecting to happen when he sets foot on Thai soil (if he ever does)? Is he expecting / has he already organized red protests in he streets to get attention away from the pita complications and somehow get his daughter into the limelight?

 

In other words what game is the paymaster really playing?

 

I just can't believe he is aiming to happily be arrested and off to a Thai jail.

[zzaa09]

1 hour ago, eisfeld said:

Weird reporting. There is no such act. MPs can be members of the House or Senate. They probably mean the act regarding election of members of the House of Representatives. Section 42(3) of that is just the prohibition on being a shareholder of a media company, nothing in there speaks of any awareness. And section 154 is just specifying the punishment for people who brake section 63 which in turn talks about how much a party or candidate can spend. So you can't even violate section 154 because it doesn't state what can or can't be done.

 

And how does it make sense to dismiss the complaints but then go and investigate exactly what the complaint containted?

It's a Thai thing. 

[bannork]

23 minutes ago, scorecard said:

And why has the aymaster chosen right now (in the midst of all of the complicaions for pita and his party) to proclaim he will return home?

 

And what's the paymaster really expecting to happen when he sets foot on Thai soil (if he ever does)? Is he expecting / has he already organized red protests in he streets to get attention away from the pita complications and somehow get his daughter into the limelight?

 

In other words what game is the paymaster really playing?

 

I just can't believe he is aiming to happily be arrested and off to a Thai jail.

There's no way Thaksin will come back without cast iron guarantees he's not going to the slammer.

Assuming the senators don't vote for Pita and Settha is voted in as PM, I can't see any bill pardoning Thaksin being urgently considered in Parliament.  Has Thaksin received confirmation he is a pardoned man providing he fulfills certain conditions, ie.instead of  involving himself with politics, he is ordered to play with his grandchildren 5 hours a day?

We don't know but if he did come back having been granted a pardon, surely the military and elite supporters, the yellow shirts, could not protest.

My problem with this scenario is I can't see Thaksin not meddling in politics, and secondly he made many enemies in the past. Some may not have forgotten.

 

[anchadian]

And now a further hurdle to overcome.

 

The B.P. this morning are reporting. organic law probe could doom Pita.

 

Link not provided

[bamnutsak]

1 hour ago, anchadian said:

And now a further hurdle to overcome.

 

Just the second of an endless supply of hurdles.

 

He's toast. He'll have to flee the country in order to avoid prison.

 

There is no way whatsoever that the Powers that Be will allow him to form a government.

 

The reforms to the Institution, while appealing to the majority of the population, is a bridge too far. Any such talk needs to be put down with extreme prejudice.

 

 

I am curious if Prayuth's time as "caretaker" PM counts against his eight-year term limit? My guess would be "no", at least as interpreted by the "courts".

 

 

 

 

 

 

[bradiston]

I've decided MFP's only hope is to have Pita resign. That would clear all hurdles away. Basically, he's created this fiasco through his own political naivety. MFP still have PM candidates, and I think much of the opposition would melt away, senators would be appeased by the sacrifice, and they could form a government with the coalition as is. My 10 satangs worth.

[bannork]

10 minutes ago, bradiston said:

I've decided MFP's only hope is to have Pita resign. That would clear all hurdles away. Basically, he's created this fiasco through his own political naivety. MFP still have PM candidates, and I think much of the opposition would melt away, senators would be appeased by the sacrifice, and they could form a government with the coalition as is. My 10 satangs worth.

Some facts about Pita's 'naivety'.

He is accused of "holding media shares" (0.0035%) in a former TV company, ITV, that no longer has an operating license.

ITV has no TV channel and has had no income from media operations for over 10 years.

Its business is still not closed solely due to litigation over money owed.

[bamnutsak]

7 minutes ago, bradiston said:

I've decided MFP's only hope is to have Pita resign.

Resign from what exactly? The Electoral Commission (EC) has decided to pursue a criminal case against Pita. Assuming he could resign that won't mean that he is no longer subject to criminal charges.

 

 

 

8 minutes ago, bradiston said:

Basically, he's created this fiasco through his own political naivety.

Sorry but no, he did not create this fiasco. The enemies of change created this fiasco, just as they attempted in 2001 on Thaksin Shinawatra. He only survived by an 8-7 vote, in part because the court was worried about his electoral mandate, which was much, much larger than MVF's.

 

 

 

 

 

 

[bradiston]

1 minute ago, bannork said:

Some facts about Pita's 'naivety'.

He is accused of "holding media shares" (0.0035%) in a former TV company, ITV, that no longer has an operating license.

ITV has no TV channel and has had no income from media operations for over 10 years.

Its business is still not closed solely due to litigation over money owed.

It matters little. The point is his predecessor came up against exactly the same barrier and it seems nobody learnt from it. You're either clean, or they're going to nail you. Any fool could see this coming from way back, except, it seems, Pita and his legal team who must be held a countable for this fiasco.

[bradiston]

9 minutes ago, bamnutsak said:

Resign from what exactly? The Electoral Commission (EC) has decided to pursue a criminal case against Pita. Assuming he could resign that won't mean that he is no longer subject to criminal charges.

 

 

 

Sorry but no, he did not create this fiasco. The enemies of change created this fiasco, just as they attempted in 2001 on Thaksin Shinawatra. He only survived by an 8-7 vote, in part because the court was worried about his electoral mandate, which was much, much larger than MVF's.

 

 

 

 

 

 

You should know your enemy and what he is capable of. Naive not to.

 

And resign as an MP. It's all the rage in the UK. The only way forward. He's completely screwed up.

Edited June 11, 2023 by bradiston

[Purdey]

On 6/10/2023 at 10:50 AM, dinsdale said:

How do you prove awareness?

I think he was holding the shares in order to inform the authorities prior to the election. Clearly, he was aware he had them. 

[bannork]

24 minutes ago, bradiston said:

You should know your enemy and what he is capable of. Naive not to.

 

And resign as an MP. It's all the rage in the UK. The only way forward. He's completely screwed up.

A Thai lawyer today expressed his view there is very little chance of Pita's case being accepted by the Criminal Court.

Thanathon's case was not referred to the Criminal Court inspite of his ownership of 5% of the shares in the media company. The reason it was not referred may be because a much higher level of proof beyond reasonable doubt that he was breaking the law is required.

Pita, on the other hand, owned 0.0035% of the shares which were in his father's name and were only passed on to him as executor upon his father's death. He had tried to sell the shares but as ITV was in litigation and hadn't operated as a media company for 14 years, they were difficult to sell.

In addition, he had twice informed the NACC about the shares!

Very difficult to prove he intentionally broke the law in the lawyer's opinion 

Edited June 11, 2023 by bannork