Samak Found Guilty By Court, Must Resign

[mich]

Samak still has another court ruling pending. It will be on 25th of this month. A defamation charge. This time if he's found guilty, he will be put in jail...I think.

I'm sure the UK will let him hide there with Thaksin, they'll let anyone in these days

[ubonjoe]

Samak guilty, must resign

The Constitution Court ruled in a unanimous verdict on Tuesday that the two TV cooking shows of Prime Minister Samak Sundaravej violated the charter ban on outside employment and ordered him to leave office immediately.

The 9-0 vote of the judges removes Mr Samak from office effective immediately, but leaves the way open for his return if he can persuade parliament to return him to the office. For now:

"His premiership is over, and the term of the cabinet has also expired, although according to the constitution they must remain as an acting government until there is a new prime minister and cabinet," said Constitution Court Judge Chat Chawakorn.

Under the charter, members of the cabinet except Mr Samak will continue to perform their duties as caretaker ministers until a new cabinet is appointed.

The first deputy prime minister, Somchai Wongsawat, will be caretaker prime minister.

Supporters of anti-government group People's Alliance for Democracy (PAD), who have seized the Government House, screamed with happiness after hearing the verdict.

Deputy leader of People Power party (PPP) Karn Thiankaew said after the verdict that PPP respects the ruling.

Earlier Tuesday, PPP spokesman Kudep Saikrachang said party members will vote Mr Samak back in as leader of the government.

"Executive members of the PPP will propose that leaders of coalition partners support Mr Samak to remain as prime minister, although some have proposed that Chart Thai party leader Banharn Silpa-archa assume the post," said PPP MP Witthaya. Buranasiri, a government whip.

Shortly before the ruling was handed down, Mr Banharn told reporters that he would not accept the premiership if it were offered, because he could not stand high political pressure.

"It's better that I stay on like this. I want to live a long life," he said.

Mr Samak was not in court to hear the verdict that ends his premiership after just over eight months. He returned on Tuesday afternoon from a mobile cabinet meeting in Tuesday and went into seclusion. He was represented by his lawyer.

Bangkokpost.com

[hammered]

I think if he wrote a cookbook right now, it would become an international best seller!

Someone please tell him that! That would maybe persuade him to move on ..... where is he by the way, no comments from him.

Waerth

According to Samak he has an immense face and is old and comes from a god like family and is PM so must never be questioned and will never give in etc

This is utter humiliation and that his enemies are dancing all over his face wont go down well. He may just be insane enough (and judging by the Jonathan Head I forgive you rave his sanity must be questionable) to insist on being reappointed until he probably ends up lijke the old and dodgy EC later this month.

Unfortuanely for this country I dont think we have seen the last of Samak. There is now an opening for a positive development but I dont think it is going to be taken. The cabinet is already semi-packed with those removed from office and then voted back in. Why not one more. Although the opthers havent seemingly perjured themselves as the BBC and ABC reports on this indicate Samak has.

[percy2]

Dont know excatly where this leads, but in the meantime these thais are teaching farang courts how to deal with the law !

When is the last time a PM has been convicted of anything in farangland ?!?

++ ^^

And that's because Thailand is a MUCh more legally aware country than any in the west. Try dropping a cigarette butt on Sukhumvit road- and it is this concern with law and order that explains how neat and orderly and clean the country is.

What happened to that Spiro Agnew guy?

And what was his boss called?

Richard Nixon.

One was cooking the books and the other cooked his own goose.

Cheers

I know they were not Prime Ministers but Vice (appropriate) President and President seems equivalent in these circumstances.

Edit ^ not added

Edited September 9, 2008 by percy2

[RigPig]

Politics in this country amoungst other things are laughable and a joke to most other countries.

Will Thailand ever get a grip on reality?

Someone once said

"Reality is just a crutch for people who can't handle Thailand"

Oops that was me

[ubonjoe]

Matchima Thipataya Party wants a new PM

MP Kiatikorn Pakpiensilp from Matchiam Thipataya Party on Tuesday indicated that Samak Sundaravej should not be reelected as prime minister after being disqualified by the judicial decision.

Kiatikorn urged six coalition parties to nominate a qualified individual to lead the coalition government.

He said the political crisis would not be resolved if the People Power Party pushed to reinstall Samak or nominate controversial figures such as Deputy Prime Minister Somchai Wongsawat and Finance Minister Surapong Suebwonlee.

The Nation

[sjaak327]

There is the letter of the law and the spirit behind the law.

So, according to the letter of the law, he was guilty.

However, can one truly justify terminating a PM over cooking on a TV show, according to the spirit of the law?

that the PM should not have a second job makes sense.

But here the bigger issue is that he did not obey the constitution and worse he lied at the court that he did not get any money.

Anyway as they all don't accept the spirit of the law they will reelect him.

I actually can understand the PPP much better now for wanting to change the constitution. The constitution and this article in particular seems to be wrong or flawed at best.

I mean surely presenting a cooking show cannot in any way be considered as a conflict of interest.

[bangkokrick]

Lets see if I have got this right?....his PPP party will re-elect him as PM in 30 days because they and the coalition have more votes than the Democrats ????

So he can just take a months holiday and then come back and the ball starts rolling again

Please tell me I'm wrong in my assumption

PLEASE...as this just does not make any sense at all to me

You are correct on all counts ThaiPauly. Providing that the coalition government support him there is no reason by Thai law that he can not become the PM by the weekend.

Strange but true.

Cheers, Rick

I don't think it has to be 30 days they can do it tonight even. It has to be done within 30 days is my understanding.

Thats my understanding too ubonjoe, so as i mentioned in the earlier post he will probably be back by the weekend. This situation is not quite the big deal that people are making it out to be, but i don't understand why he was not charged with perjury because he allegedly made a false statement to the court regarding his earnings?

Cheers, Rick

[ubonjoe]

Why was Samak disqualified?

By The Nation

The Constitution Court on Tuesday reached an unanimous decision of 9-0 to disqualify Prime Minister Samak Sundaravej on grounds for conflict of interest relating to his involvement in two cooking shows.

The high court ruled that Samak lost his job by an individual offence, hence although his Cabinet would face a mandatory removal, it could act as the caretaker administration pending the formation of a new government.

Of the nine presiding judges, six said Samak's involvement as honourary show host has constituted a status as an employee of programme producer, Face Media Co.

Three said his involvement could be interpreted as a business partner.

The nine judges cited the intent of Article 267 of the 2007 Constitution for preempting Cabinet members, including the prime minister, from committing a conflict of interest.

Under the provision, the legal definition of being employed or the status of employee is broader than that specified in the Civil Code and relevant labour laws.

Evidence showed that Samak continued to host the two shows after he assumed office in February. Furthermore he received allowances, such as petrol expenses which could be contrued as income earnings. And he got involved with the show which is a business transaction designed to seek profits

[Gravelrash]

Talk about embarrassing for Thailand! On the 4 pm BBC World bulletin everyone including the

Southeast Asia correspondent as well as Jonathan Head in Bangkok were shaking their heads

in disbelief that the prime minister of a country has been brought down by a cooking show !!

They even used the word " bizzare " to describe such a situation.

They admitted that they've even given up speculating how this will work out eventually

but he was concerning that Jonathan Head commented there is a risk this will not

resolved peacefully this time.....................................

It really does look dreadful that a country that has attracted so much foreign investment in the past

appears to be in such a muddle !

This is a fun place to live but it just reinforces my belief that it's too risky to invest

one satang in this Disneyland !

"Thailand has had its fair share of crises recently, but this is one that even the Thais are baffled by, our correspondent says."

http://news.bbc.co.uk/2/hi/asia-pacific/7605838.stm

Thailand has exposed itself it has outgrown the path to democracy into a real

BIZARRE BANANA REPUBLIC

The whole world is laughing and even Hollywood and Bollywood couldn't have written such a script.

Can anyone imagine what the world leaders are talking about today to each other ?

Poor Thailand, they lost face to the whole governance world; what's next ?

LaoPo

loose face NO NO No !!!

I believe this will be set as an example that in Thailand even the PM is not above the law. and when a PM does something wrong he pays for it with his JOB...

or do you prefer other "world leaders" who have not lost positions when they did something wrong. and never even faced a court..

Well done Thailand... the first country in the world to show that even on simple matters the PM is not above the law..

its now becoming a world trend to have politicians understand that they are not above the law and that good honest citizens will not take anymore sh*t , corruption and leaders who utilize the position for personal gain.

the last examples are

Israseli PM on charges of bribe

Irish Pm payment scandals

candian Pm leaking scandal

finland PM sex scandal

and the least goes on.....

Thailand is sending a very clear message to the world a PM is not above the law. No One is above the law and no matter how trevial it is even hosting a coocking class.. you break the law you loose your job.

You actually believe this?

[highdiver]

Talk about embarrassing for Thailand! On the 4 pm BBC World bulletin everyone including the

Southeast Asia correspondent as well as Jonathan Head in Bangkok were shaking their heads

in disbelief that the prime minister of a country has been brought down by a cooking show !!

They even used the word " bizzare " to describe such a situation.

They admitted that they've even given up speculating how this will work out eventually

but he was concerning that Jonathan Head commented there is a risk this will not

resolved peacefully this time.....................................

It really does look dreadful that a country that has attracted so much foreign investment in the past

appears to be in such a muddle !

This is a fun place to live but it just reinforces my belief that it's too risky to invest

one satang in this Disneyland !

"Thailand has had its fair share of crises recently, but this is one that even the Thais are baffled by, our correspondent says."

http://news.bbc.co.uk/2/hi/asia-pacific/7605838.stm

Thailand has exposed itself it has outgrown the path to democracy into a real

BIZARRE BANANA REPUBLIC

The whole world is laughing and even Hollywood and Bollywood couldn't have written such a script.

Can anyone imagine what the world leaders are talking about today to each other ?

Poor Thailand, they lost face to the whole governance world; what's next ?

LaoPo

loose face NO NO No !!!

I believe this will be set as an example that in Thailand even the PM is not above the law. and when a PM does something wrong he pays for it with his JOB...

or do you prefer other "world leaders" who have not lost positions when they did something wrong. and never even faced a court..

Well done Thailand... the first country in the world to show that even on simple matters the PM is not above the law..

its now becoming a world trend to have politicians understand that they are not above the law and that good honest citizens will not take anymore sh*t , corruption and leaders who utilize the position for personal gain.

the last examples are

Israseli PM on charges of bribe

Irish Pm payment scandals

candian Pm leaking scandal

finland PM sex scandal

and the least goes on.....

Thailand is sending a very clear message to the world a PM is not above the law. No One is above the law and no matter how trevial it is even hosting a coocking class.. you break the law you loose your job.

Please, Highdiver, be realistic.

Thailand has some 65 Million people.

The world, as of September 2008, 6,700,000,000 Billion people; That's 6,7 Billion

95% of these people (6,3 Billion) do not even know where Thailand is and have NEVER EVER heard about TRT, PPP, Thaksin, Samak or Sondhi and are not in the least interested in Thai politics.

Just the Thai people and some 10-20,000 farang living here.

Go to the airport and ask 10,000 tourists, arriving in Thailand WHO Samak is, WHO Thaksin is, WHO Sondhi is and they will look at you if you need help as if you were just hit by a falling coconut

I'll bet 99% wouldn't have a clue.

The WORLD is LAUGHING because they just heard about a country that sent it's PM home BECAUSE he showed in a cooking show. They will not learn or want to learn about the real truth behind the case and whether the court decision was right or not; they're simply not interested. Just the sensation counts as it is sensation about sex, bribes or leaking scandals.

The majority in the world just reads about the sensation/scandal.

If the people have heard, the next split second they have forgotten about the cooking PM; what remains is something in the back of the brain about this cooking PM, sent home by "Thailand"

Point is, the court could and should have find a more subtle way out, in order to save face for Thailand.

Samak himself is no longer of importance for the country as his days are counted; it's the court decision to send him home for 'cooking'; couldn't they have wait for the more important courtcases against him ?

That's dumb.

LaoPo

I agree with you that most of the world will not remember this episode after tomorrow...but for those of us living here and those who care about Thailand the truth and the fact are very simple.

he stood trial and lost his job because he broke the law. further more as the judge said and I quote"There was also an attempt to fabricate evidence "to hide his actions".

The courts position is not to save face for Thailand ....as you suggested.... it is to Uphold the Law!!! and even the PM is not above the law.

on the contrary to his mentor that lost his job for corruption on a grand scale this one lost it for a lot less and it says more about him then it does about Thailand.

[JetsetBkk]

...Point is, the court could and should have find a more subtle way out, in order to save face for Thailand.

Samak himself is no longer of importance for the country as his days are counted; it's the court decision to send him home for 'cooking'; couldn't they have wait for the more important courtcases against him ?

That's dumb.

LaoPo

[blam]

I personally think that this process makes perfect sense. But then, I have been here in Thailand far too long to think otherwise. Samak knew he was doing something illegal, he was making money and lots of it, thought he could get away with it, he didn't.

"You do your crime, then do your time, ain't been nuthin before." Billy Idol

Simply for clarity:

Asia Times Online:

"Thailand's Samak out, for now

By Shawn W Crispin

BANGKOK - What anti-government protesters failed to accomplish, Thailand's courts have. In a landmark decision, the Constitution Court on Tuesday disqualified Prime Minister Samak Sundaravej from the premiership on conflict of interest charges related to his role in hosting two television cooking programs while in office.

The ruling will also eventually dissolve Samak's cabinet, which by Thai law will serve in a caretaker capacity until a new government is formed within the next 30 days. The government's six coalition partners are expected to meet on Tuesday evening to discuss the selection of a caretaker premier. Former prime minister and Chat Thai party leader Banharn Silpa-archa is widely tipped to take the interim post. News reports also speculated that first Deputy Prime Minister and former premier Thaksin Shinawatra's brother-in-law, Somchai Wongsawat, will be caretaker prime minister.

The decision is not expected to immediately defuse Thailand's escalating political crisis, but rather could intensify anti-government protests if Samak is eventually re-appointed to the premiership - as his ruling People's Power Party vowed to do before the verdict was announced. Despite the guilty verdict, Samak retains all of his political rights and his coalition partners have until now supported his stance not to dissolve parliament and call for new polls.

What is clearer is that Thailand's judiciary is showing unprecedented muscle in arbitrating the country's political problems."

(My emphases in bold)

re: http://www.atimes.com/atimes/Southeast_Asia/JI10Ae02.html

[onethailand]

I actually can understand the PPP much better now for wanting to change the constitution. The constitution and this article in particular seems to be wrong or flawed at best.

I mean surely presenting a cooking show cannot in any way be considered as a conflict of interest.

Presenting a cooking show is not a conflict of interest. Getting paid as an employee or partner to present a cooking show IS a conflict of interest.

Samak can talk, cook, or present food all he likes on TV, 24 hours a day if he can get the air time. He just can't get paid for doing so, nor can he have any stake in a company which presents the show.

[h90]

There is the letter of the law and the spirit behind the law.

So, according to the letter of the law, he was guilty.

However, can one truly justify terminating a PM over cooking on a TV show, according to the spirit of the law?

that the PM should not have a second job makes sense.

But here the bigger issue is that he did not obey the constitution and worse he lied at the court that he did not get any money.

Anyway as they all don't accept the spirit of the law they will reelect him.

I actually can understand the PPP much better now for wanting to change the constitution. The constitution and this article in particular seems to be wrong or flawed at best.

I mean surely presenting a cooking show cannot in any way be considered as a conflict of interest.

What do you want to write in the constitution? A second job is not allows with the exception of cooking show?

Either it is allowed or not.

[ray23]

Just a bump in the road PAD has made it clear it is about the Constitution and the PPP changes.

Now I wonder if the PAD has it's own changes in mind?

[Splatter]

Just read the comment / opinion written in The Nation - from this morning (before the announcement).

"If he <<Samak>> survives, Samak can stay on until he is removed by other means. These include another legal judgement, this time by the Court of Appeals, on a libel case, due on September 25, following a two-year jail term given by the Criminal Court.

That case is even more worrisome. Samak intends to seek a delay of the judgement claiming that he will have to attend the UN General Assembly at that time. This is seen as a ploy to avoid the ruling, widely expected to be unchanged."

Question

Does the decision this afternoon mean that Samak will not be going to the UN and therefore won't be able to argue for a delay of a judgement on 25 September?

[ubonjoe]

Lets see if I have got this right?....his PPP party will re-elect him as PM in 30 days because they and the coalition have more votes than the Democrats ????

So he can just take a months holiday and then come back and the ball starts rolling again

Please tell me I'm wrong in my assumption

PLEASE...as this just does not make any sense at all to me

You are correct on all counts ThaiPauly. Providing that the coalition government support him there is no reason by Thai law that he can not become the PM by the weekend.

Strange but true.

Cheers, Rick

I don't think it has to be 30 days they can do it tonight even. It has to be done within 30 days is my understanding.

Thats my understanding too ubonjoe, so as i mentioned in the earlier post he will probably be back by the weekend. This situation is not quite the big deal that people are making it out to be, but i don't understand why he was not charged with perjury because he allegedly made a false statement to the court regarding his earnings?

Cheers, Rick

I haven't seen anything on the earnings thing yet. But I seem to remember something about he was paid for some shows he did previously in the media.

I just don't know the answer to your question.

[animatic]

HUBRIS!

American Heritage Dictionary - Cite This Source

n. Overbearing pride or presumption; arrogance:

WordNet - Cite This Source noun

overbearing pride or presumption

This is arrogance extended.

The embarrassment for Thailand was already in full swing.

Simple enough;

if Kuhn Samak had bothered to read and understand the laws as written,

that he as Prime Minister is charged with upholding and administering,

he would not be in this mess, and the country with him.

Samak bears FULL responsibility here.

Note how he JUST announced he would go to the UN and

"Explain to the world" the crisis in Thailand.

He had so little understanding of the law he was charged with,

even AFTER he was charged and going before the Constitution Court,

that he didn't imagine that he MIGHT be convicted.

He also set the UN date for a time HE must be in court for another FINAL decision

an appeal on HiS CONVICTION and 2 year sentence without probation.

Or was he PLANNING to not be in the country like his boss?

Did he conveniently forget, or just didn't think he needed to show up?

Same for Cambodia crisis Noppadom and Samak as PM with the whole cabinet,

approved an agreement with Combodia, and yet NOT ONE OF THEM

understood doing it that way was was against constitutional law!

They seeming'y didn't bother to read and understand the documents that are

the basis for their JOBS: The constitution of Thailand...

Seemingly, did not even assign anyone, that THEY would listen to

to check out the laws before passing cabinet decisions.

Kuhn Samak has one person to blame,

Kuhn Samak.

How of course could he not believe ALL others had a hand it it.

Those suffering from hubris often assume all others make mistakes,

and NEVER themselves. Another classic case; Dr. T.

[mich]

I actually can understand the PPP much better now for wanting to change the constitution. The constitution and this article in particular seems to be wrong or flawed at best.

I mean surely presenting a cooking show cannot in any way be considered as a conflict of interest.

Presenting a cooking show is not a conflict of interest. Getting paid as an employee or partner to present a cooking show IS a conflict of interest.

Samak can talk, cook, or present food all he likes on TV, 24 hours a day if he can get the air time. He just can't get paid for doing so, nor can he have any stake in a company which presents the show.

As always it's about money, did he not get paid enough as PM?

[RigPig]

There is the letter of the law and the spirit behind the law.

So, according to the letter of the law, he was guilty.

However, can one truly justify terminating a PM over cooking on a TV show, according to the spirit of the law?

that the PM should not have a second job makes sense.

But here the bigger issue is that he did not obey the constitution and worse he lied at the court that he did not get any money.

Anyway as they all don't accept the spirit of the law they will reelect him.

I actually can understand the PPP much better now for wanting to change the constitution. The constitution and this article in particular seems to be wrong or flawed at best.

I mean surely presenting a cooking show cannot in any way be considered as a conflict of interest.

What about getting paid millions to do it and appointing one of the people that organized the payment to a high held and privileged position and reward as other posts suggest?

[midas]

...Samak violated the law by working for a private company and getting paid while he's in office...not because he cooked stuff on a TV show. He was paid in millions in total, just to let you know.

I hope this is clear enough for some people.

Samak was kicked out for being paid to host the cooking show. Is that clear enough?

the law is the law!!!

for yours and other benefit its my pleasure to qute niner again

Samak violated the law by working for a private company and getting paid while he's in office...not because he cooked stuff on a TV show. He was paid in millions in total, just to let you know.

its not about cooking as some of our posters would like us to think its about getting paid for a private job while in office as PM.

Highdiver this is the day and age of reading " headlines " t- here is far too much going on around the world

to read more - maybe us living in LOS do so but all the world is seeing right now is pictures of the

the Prime Minister of a country in his bloody apron waffling on about food when there are so problems

to tackle and this is what people will associate with Thailand now !

I think it will take a very long time for this country regain it status as a " Tiger economy "

[GungaDin]

Well, that's a world first for Thailand.

PM sacked for cooking in public.

Good riddance!

Ok, what's next?

[TEFLMike]

Celebrity Chefs on TV in the UK is BIG Business. Maybe the BBC, or ITV will take him on as a Celebrity Chef and offer him his own TV Programme? Question - Non-Litigational

Edited September 9, 2008 by TEFLMike

[Marvo]

Thai PM must resign over cooking show scandal: court

Posted 30 minutes ago

Thai Prime Minister Samak Sundaravej and his entire cabinet must resign over the scandal surrounding his TV cooking show, the Constitutional Court said.

The court, which said Samak had violated the constitution by accepting payments for hosting the show, ruled he must stand down immediately.

His cabinet could remain as a caretaker administration for 30 days until parliament elects a new prime minister.

"The Constitutional Court unanimously agreed that Prime Minister Samak Sundaravej has violated the constitution, article 267 - therefore his ministerial position has ended," the verdict read.

"As Samak's ministerial status has ended his entire cabinet must go, but they have to stay as caretaker government until the new cabinet is formed," it added.

But despite the ruling by the nine judges, Samak is not barred from standing again for prime minister, and his party has already confirmed they would elect him back to the premiership.

The court accused Samak of lying in his testimony when he said he did not receive payment from television production house Face Media following his election to the premiership.

Tax records showed he continued to receive payment.

"The suspect has fabricated his evidence," the verdict said.

http://www.abc.net.au/news/stories/2008/09/09/2360186.htm

What the frig is the point of a law that merely "ends" a minister's position if he can just reapply or get voted back in again? TiT I fear.

[uptou]

Ahhhh yes the old transport fees excuse.Not me guv,dont know nothing about doing another job.

Very bizarre though.Is it possible that they had him by the balls on more serious face loosing charges,& a deal was made,letting him exit quietly?

Probably not,but if the pm looses his job for doing a cooking show,i think my imagination can be excused.

[Kna]

There is the letter of the law and the spirit behind the law.

So, according to the letter of the law, he was guilty.

However, can one truly justify terminating a PM over cooking on a TV show, according to the spirit of the law?

that the PM should not have a second job makes sense.

But here the bigger issue is that he did not obey the constitution and worse he lied at the court that he did not get any money.

Anyway as they all don't accept the spirit of the law they will reelect him.

I actually can understand the PPP much better now for wanting to change the constitution. The constitution and this article in particular seems to be wrong or flawed at best.

I mean surely presenting a cooking show cannot in any way be considered as a conflict of interest.

Well, if they manage to change this constitution and revert back to the late constitution they loved so much it won't help them either.

please take a look at article 208 from the late constitution. only different article number but the words are the same

Well, does that mean the late constitution are no good either? Should we revert back to the first constitution since Thailand has democracy then?

Nah, just add new article saying "PPP is above any constitution and can do no wrong" will be much much easier, all problems solved.

[Moebius87]

Too funny. Definitely agree that things will get even more interesting.

[younghusband]

I think Andrew Walker over at New Mandala says it best:

Hosting a cooking show = GUILTY

Launching a coup and tearing up the constitution = NO PROBLEM

[kurtgruen]

I actually can understand the PPP much better now for wanting to change the constitution. The constitution and this article in particular seems to be wrong or flawed at best.

I mean surely presenting a cooking show cannot in any way be considered as a conflict of interest.

Presenting a cooking show is not a conflict of interest. Getting paid as an employee or partner to present a cooking show IS a conflict of interest.

Samak can talk, cook, or present food all he likes on TV, 24 hours a day if he can get the air time. He just can't get paid for doing so, nor can he have any stake in a company which presents the show.

and here i naively thought that being Prime Minister would be a fulltime job already