Media Gag Order Sought For Thaksin's Asset Seizure Case

[Ricardo]

Presumably any such 'gag' order, if it is granted, would also stop for the next few weeks their father from saying things like "they have taken all my life-savings" ? This would surely restrict his pre-judgement propaganda/spin considerably ?

Whatever would Red-TV have left to broadcast ?

[slimdog]

You see the gag has nothing to do with you, me or TV. They want persons directly involved in the case to stop spinning in the press. Not an un common request in a court case. Nothing to do with US.

again from the first post:

"The gag order, if approved, will also prohibit members of the defunct Asset Examination Committee from commenting on the asset seizure."

No need to even mention it if the gag would have applied to everyone in the country now would it.

Actually RKASA, the motion filed by Panthongtae and Pinthongta Shinawatra has nothing to do with with gagging anyone...

It is a very clever way of introducing evidence to the court which could not be introduced via normal means. Regardless of whether the motion is granted or not, evidence that members of the AEC might have been in violation of section 46(3) of the NCCC Act has been submitted.

Section 46:

The person under the following circumstances shall not be appointed as a member to an inquiry sub-committee:

(3) Having current animosity towards the person making the allegation or the alleged culprit;

This could not be introduced in court, as the AEC were not themselves on trial....

[junglist]

I bet Thaksin wishes he never got involved in Thai Politics, did he not realize that your business enemies become so much more powerful when you are a polititian, you become a target of all thier hatred through so many more channels.

This is from Forbes Magazine in 2007

Thaksin's Troubles

Chaniga Vorasarun

When telecom billionaire Thaksin Shinawatra was elected Thailand's prime minister in 2001, he was the country's richest-ever elected official. Now he's been pushed out of office and is trying to hold on to his fortune.

No he needed to feed his Mega-Ego.

[sinplyred]

I bet Thaksin wishes he never got involved in Thai Politics, did he not realize that your business enemies become so much more powerful when you are a polititian, you become a target of all thier hatred through so many more channels.

This is from Forbes Magazine in 2007

Thaksin's Troubles

Chaniga Vorasarun

When telecom billionaire Thaksin Shinawatra was elected Thailand's prime minister in 2001, he was the country's richest-ever elected official. Now he's been pushed out of office and is trying to hold on to his fortune.

Thaksin boasted many times before he was PM that he had enough money for life so there was no need for him to be corrupt.

So what did he do?

Change the laws to benefit his companies!

And now the laws have been changed to persecute him.

[brd199]

And now the laws have been changed to persecute him.

"persecuted" LOL

yessiree, just like Jesus he is

[webfact]

UPDATE

Court Dismisses Shinawatra Injunction Request

BANGKOK: -- The Supreme Court has dismissed a request for an injunction made by Thaksin Shinawatra's children, saying that former members of the Assets Examination Committee have the right to comment on the case.

-- Tan Network 2010-02-12

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[webfact]

THAKSIN'S ASSET CASE

Gag order rejected

By The Nation

BANGKOK: -- The Supreme Court on Friday rejected a petition for a gag order on the Bt76 billion impounded assets of ex-premier Thaksin Shinawatra, court clerk Anurak Sanga-areekul said.

"The petition failed to prove contempt designed to sway the judicial decision," he said.

Thaksin's two children, Panthongtae and Pinthongta, asked the high court to gag members of the defunct Asset Examination Committee to air their views on the case.

The two argued that remarks by Nam Yimyaem and Kaewsan Atibodhi as published by two newspapers were biased and designed to influence the upcomping verdict, scheduled for February 26.

In its ruling, the high court said after studying to two news reports cited in the petition, the legal opinions aired did not constitute contempt as per Article 30 of the Civil Procedural Code and Article 18 of the Procedural Code for Offences involving Political Office Holders.

Nam and Kaewsan circulated two separate arguments outlining legal principles in favour of a complete seizure of the impounded assets. They tried to counter the defence arguments favouring either a complete release of assets or a partial seizure.

Anurak said the high court's decision not to cite contemp was line with its earlier decision last August in denying the gag order sought by Thaksin.

-- The Nation 2010-02-12

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[jdinasia]

I bet Thaksin wishes he never got involved in Thai Politics, did he not realize that your business enemies become so much more powerful when you are a polititian, you become a target of all thier hatred through so many more channels.

This is from Forbes Magazine in 2007

Thaksin's Troubles

Chaniga Vorasarun

When telecom billionaire Thaksin Shinawatra was elected Thailand's prime minister in 2001, he was the country's richest-ever elected official. Now he's been pushed out of office and is trying to hold on to his fortune.

Thaksin boasted many times before he was PM that he had enough money for life so there was no need for him to be corrupt.

So what did he do?

Change the laws to benefit his companies!

And now the laws have been changed to persecute him.

Pardon me? What law was changed?

Regarding the court's rejection of the request for a gag order. It was just what I was expecting. Though, truth be told, issueing a gag order on participants in any level of the trial would not be out of order imho.

[brahmburgers]

I got a kick out from the reminder, a few posts previous, that Thaksin and TRT (during their first nationwide campaign) actually had one their primary slogans, something like "He's so rich, there's no chance he can be corrupted by bribes or corruption."

If the Thai voters fell for that pile of rotten eggplant, then they deserve to have been shafted by the likes of the Shinawats and their cronies.

[Ricardo]

Good to see the court defending freedom-of-speech !

[Terminator]

good on ye, it makes my day...

[webfact]

Court rejects petition by Thaksin's children

By Kesinee Taengkhio,

Bancha Khaengkhan

The Nation

BANGKOK -- The Supreme Court's Criminal Division for Political Office Holders yesterday rejected a petition by ex-premier Thaksin Shinawatra's children for a gag order on the Bt76-billion assets-seizure case against him.

"The petition failed to prove contempt designed to sway the judicial decision," said the court's secretary Anurak Sanga-areekul during a press conference about the decision.

He said the high court's decision was in line with its rejection last August of Thaksin's similar request for a gag order on members of the defunct Asset Examination Committee (AEC).

Two of Thaksin's children, Panthongtae and Pinthongta, on Thursday asked the high court to order AEC members to stop airing their views on the case. They argued that remarks by Udom Fuangfung and Kaewsan Atibodhi as published by two newspapers were biased and designed to influence the upcoming verdict, scheduled for February 26.

In its ruling, the high court said that after studying the two news reports cited in the petition, the legal opinions aired did not constitute contempt as per Article 30 of the Civil Procedural Code and Article 18 of the Procedural Code for Offences involving Political Office Holders.

Udom and Kaewsan circulated two separate arguments outlining legal principles in favour of a complete seizure of the impounded assets. They tried to counter the defence arguments favouring either a complete release of assets or a partial seizure.

Anurak said yesterday that the nine judges in the case each had more than 30 years of experience in their job and that they would not be easily swayed by pressure. "They were in similar situations for many times. I don't think they would allow the pressure to affect their work," he said.

Meanwhile, AEC members insisted yesterday that in commenting on the case, they simply pointed to relevant legal points, with no intention of swaying the judgement.

Nam Yimyaem, former chairman of the AEC, disputed the claim by Thaksin's children that comments by AEC members put the defence at a disadvantage in the case. He said the AEC members merely pointed to different legal points and explained about how the AEC worked, without bias or hostility towards the defendant.

Udom said Panthongtae and Pinthongta had the right to file their petition. But he insisted that the AEC members were just trying to educate the public about the legal principles and their comments were not based on bias.

Kaewsan said that he was trying to explain to the public the facts involved in the case. "I don't think this would affect the case," he added.

Investigations by the AEC, which was set up after the coup of 2006, led to a number of cases against Thaksin and other members of his Cabinet.

-- The Nation 2010-02-13

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[Thai at Heart]

Seems like this is an issue that Thailand does need to address.

All made a little simpler when there isn't any jury, but allowing media carte blanche to write and say what they want about court cases is an issue that needs to be addressed. But then again, Thailand still allows perp walks, so hel_l, I wonder if the legal system even realises that the media can have an influence on trials.

[animatic]

in most countries the media can and does comment on court cases.

If there is risk speculation will sway a jury they can be sequestered, bu tthat is rare.

Judges know better than to allow press comments to sway their opinions.

Juries are often told to ignore press comments, ie don't read them.

Works fair enough most often this works fine.