Thailand's Top Court Becomes A Target For Controversy Again

[webfact]

EDITORIAL

Top court becomes a target for controversy again

By The Nation

Video clips scandal puts judges under pressure while they consider verdict for dissolution case next month

When the "lobbying" video clips first came out in public, everyone knew it was going to grossly complicate the political situation prior to the Constitution Court's verdict on the Democrat Party dissolution case. That fear is fast becoming real. A court secretary has been relieved of his duty and the court's president has been in the hot seat. The Democrats have hit back at the lobbying allegations with claims the whole thing was one big set-up, and the Pheu Thai Party, which publicised the clips, has threatened more exposure.

The flood disaster wreaking havoc in various provinces has temporarily put the potentially explosive scandal on the media backburner. But it's something that parties involved can't escape from and will have to deal with sooner rather than later. The court hearing on the dissolution case has been wrapped up, and closing statements will be made around the middle of next month. If nothing happens, the court will have to deliver its verdict in November.

But anything can happen. The video-clips scandal ensures that the Constitution Court will come under great pressure both before and after the verdict, whichever way it goes. It will be difficult for a "not guilty" verdict not to be linked with the lobbying clips in the aftermath of such a ruling. On the other hand, a guilty verdict will raise a few big questions as well. In a case as significant and sensitive as this, judges' integrity is always under the microscope with or without a hint of a scandal. The last thing the country needed was this kind of bombshell.

The Constitution Court has been the centre of several controversies. The decision to let Thaksin Shinawatra off the hook in 2001 despite solid evidence against him in a share-concealment scandal defied the court's own logic in another case and set the stage for a lot of things that have befallen this country over the past few years. The dissolution of the Thai Rak Thai Party in 2007 was either an act of judicial bravery or a case of the judiciary's blatant encroachment into politics, depending on what side of the political divide you are on. It was the same with the dissolution of the People Power Party in the following year.

We miss the Constitution Court that banished Sanan Kachornprasert in 2000, and the political environment before, during and after it. Being one of the most politically powerful men in the country at the time, the then Democrat secretary-general was found guilty in connection with a relatively small amount of "debt" that had been allegedly falsified. His ban from politics was unimaginable at that time, but the court simply sought to enforce the law and the rest is history. No street protest or leaked materials to discredit the judges. We saw the light at the end of the tunnel but did not foresee Thaksin's share-concealment case.

Since Thaksin, the Constitution Court's integrity has never been quite the same. Its judges have come and gone but no panel has seemed able to command the level of respect the Sanan-era bench received. Some problems are not the court's fault. Political cases naturally attract bad politics, but the judges are supposed to fight, not court it. We are quite certain on one thing regarding the video clips scandal: it could have been avoided if everyone involved had held dear to their ethics.

The road from now will be laced with landmines. The Constitution Court's president will fully dominate the headlines when the floodwaters recede, sooner or later. The Democrats, who have claimed a "frame-up", still owe the public a better explanation as to why one of their own had inappropriate meetings with a court official. That official, on the other hand, had to be independently investigated about his motives. It's shameful juxtaposition that the parties involved can hardly complain about the outcome, whatever it may be.

-- The Nation 2010-10-24

[princejohnjay]

While the democrats keep crying 'set up' The question we should be asking is why did the democrats went into lobbying at the first place rather than asking why the clips are made public, who made the clip and who licked them...We want every bad government to be exposed or do we want them to be hidden while we keep calling them saints?

[whybother]

While the democrats keep crying 'set up' The question we should be asking is why did the democrats went into lobbying at the first place rather than asking why the clips are made public, who made the clip and who licked them...We want every bad government to be exposed or do we want them to be hidden while we keep calling them saints?

But DID they go in lobbying in the first place, or were they invited to a meeting where leading questions were going to be asked by the person setting up and taping the meeting?

[OzMick]

If Wirat had been a little smarter, he would have informed the DSI before going to an inappropriate meeting. Then, the whole thing could have been laid at PTP's door when the expose took place. IMHO the whole thing has been exposed as a set-up, but with the lingering doubt of Wirat's intentions.

This doubt will be used to inflame the Red kwai when the court results come in.

[rubl]

If Wirat had been a little smarter, he would have informed the DSI before going to an inappropriate meeting. Then, the whole thing could have been laid at PTP's door when the expose took place. IMHO the whole thing has been exposed as a set-up, but with the lingering doubt of Wirat's intentions.

This doubt will be used to inflame the Red kwai when the court results come in.

The problem with Thai politicians of any color or party is, that it's so easy to believe that they are up to no good again. Too many examples in the past.

This time k. Wirat may have been goaded into discussing a more Dem's favorable stance. Still as with the dumb bastard worthy gentleman who went for a short talk with Victor Bout, others should be informed before, even if on condition of temporary silence.

Politicians! When they start talking you either need a shovel to get rid of the manure, or they oblige the public with a mild case of foot-in-mouth disease. Not just in Thailand.

Edited October 24, 2010 by rubl

[SergeiY]

While the democrats keep crying 'set up' The question we should be asking is why did the democrats went into lobbying at the first place rather than asking why the clips are made public, who made the clip and who licked them...We want every bad government to be exposed or do we want them to be hidden while we keep calling them saints?

true words.

[chantorn]

While the democrats keep crying 'set up' The question we should be asking is why did the democrats went into lobbying at the first place rather than asking why the clips are made public, who made the clip and who licked them...We want every bad government to be exposed or do we want them to be hidden while we keep calling them saints?

But DID they go in lobbying in the first place, or were they invited to a meeting where leading questions were going to be asked by the person setting up and taping the meeting?

The MP already own up that that was NOT the only meeting. Maybe he is fear that if he lie (the only meeting), other clip of earlier meeting will surface immediately.

I agree that it was a set up. But to fall for the same set up MULIPLE times; plus not tell the Boss Mark that such lobbying is on going? Very unlikely.

[rubl]

While the democrats keep crying 'set up' The question we should be asking is why did the democrats went into lobbying at the first place rather than asking why the clips are made public, who made the clip and who licked them...We want every bad government to be exposed or do we want them to be hidden while we keep calling them saints?

true words.

Ignoring some of the other comments and newsflashes.

K. Wirot said he was invited by k. Pasit for diner and talks. K. Pasit hasn't said anything yet, still shopping in HongKong. For some this suggests a set-up, for some an attempt to influence the outcome of the Dem's trial. For some this distracts from the various PTP - UDD - red-shirt bomb attacks. What you believe is what appeals to you, probably more so than what is or might be true.

[SergeiY]

While the democrats keep crying 'set up' The question we should be asking is why did the democrats went into lobbying at the first place rather than asking why the clips are made public, who made the clip and who licked them...We want every bad government to be exposed or do we want them to be hidden while we keep calling them saints?

true words.

Ignoring some of the other comments and newsflashes.

K. Wirot said he was invited by k. Pasit for diner and talks. K. Pasit hasn't said anything yet, still shopping in HongKong. For some this suggests a set-up, for some an attempt to influence the outcome of the Dem's trial. For some this distracts from the various PTP - UDD - red-shirt bomb attacks. What you believe is what appeals to you, probably more so than what is or might be true.

Do you believe politicians who say: 'I didn't do anything'?

I want EVERY bad politician/government exposed, you not?

From the OP: "The Democrats, who have claimed a "frame-up", still owe the public a better explanation as to why one of their own had inappropriate meetings with a court official. "

Edited October 24, 2010 by SergeiY

[animatic]

It is only alleged as inappropriate because the content of the meeting

was steered that way by the person or persons who set up the meeting

and clandestinely recorded it.

Is it unusual for Defense councils to meet with court secretaries?

Not really, since that is considered a normal function of the secretaries;

to communicate face to face with BOTH sides of a court trial's participants.

Were there other meetings, of course there were, it is part of the secretaries job description. To use such meetings to set up or encourage participants to say

incriminating things and create illegal videos of them is NOT. And then of course disappear from the scene.

Regardless of Wirat's intentions he was sandbagged, and set up by the court secretary.

For which said secretary has been fired. And it's hard to imagine this hasn't been

communicated to absconding secretary by someone on his shopping trip to Hong Kong.

It would be absurd to think he doesn't know about this. Yet he is not contacting anyone, including his now ex-bosses and saying anything.

It all stinks like rotten sulfur.

Edited October 24, 2010 by animatic

[rubl]

While the democrats keep crying 'set up' The question we should be asking is why did the democrats went into lobbying at the first place rather than asking why the clips are made public, who made the clip and who licked them...We want every bad government to be exposed or do we want them to be hidden while we keep calling them saints?

true words.

Ignoring some of the other comments and newsflashes.

K. Wirot said he was invited by k. Pasit for diner and talks. K. Pasit hasn't said anything yet, still shopping in HongKong. For some this suggests a set-up, for some an attempt to influence the outcome of the Dem's trial. For some this distracts from the various PTP - UDD - red-shirt bomb attacks. What you believe is what appeals to you, probably more so than what is or might be true.

Do you believe politicians who say: 'I didn't do anything'?

I want EVERY bad politician/government exposed, you not?

From the OP: "The Democrats, who have claimed a "frame-up", still owe the public a better explanation as to why one of their own had inappropriate meetings with a court official. "

Beside the point on my comment on "why did the democrats went into lobbying at the first place" from 'princejohnjay'. It is not clear yet the Dem's, or k. Wirot alone went into lobbying. If he did, sure indict him. I really would like to hear k. Pasit's side of the story and why he thought it necessary to go shopping in HongKong at this very moment. Fear for his life? Maybe, but why drop this bomb on the court which has not been proven prejudiced by the tapes. Why give the tapes to PTP, why not a non-political organization to avoid political games? The PTP in it's predecessor PPP and TRT has shown not to be beneath some court manipulation themselves.

All this simply means we need more info

Edited October 24, 2010 by rubl

[Hitch22]

Just another proof that there is no rule of law in Thailand .

[rubl]

Just another proof that there is no rule of law in Thailand .

I think you confuse 'rule of law' with 'respect for the law'.

[truethailand]

Just another proof that there is no rule of law in Thailand .

I think you confuse 'rule of law' with 'respect for the law'.

And there is no respect for the law either especially when all politicians are above it.

[ChiangMaiFun]

set-up or no set-up if you are 'clean' you don't need to worry.

[GeorgeO]

set-up or no set-up if you are 'clean' you don't need to worry.

Oh if only that were true, but it has to be said that it's naive at best.

When mud is being slung around, some of it will stick, even to the squeakiest of squeaky clean!

[virtualtraveller]

A friend who has plenty of experience in Thai courtrooms put it succinctly; In Thailand for every law there is an equal and opposite law - Newton's third 'Thai' law'. The rule that is used on the day is the one that suits a certain party perhaps.

It's doubtful that even the highest court in this country will rule without considering 'other circumstances', though I would put faith in the supreme court to be more responsible in their judgement than any other government or political body since they are most accountable to the public with the transparency of their verdicts. I'd also put more confidence in this court being more balanced than that during the Thaksin era.

That said, the Democrats have been implicated, if they were completely clean none of them would have even attended the meeting, but one bad apple shouldn't influence a major court verdict.

One can't help being CYNICAL here, it was a set up for sure and I'm betting the courts will come down heavily on those involved in the sting. It's very typical of the Peua Thai to come out with something like this, how many times in the past 18 months have they produced 'evidence' that was dodgy, doctored, unsubstantiated or deliberately set up, it says a great deal for the integrity of the party that believes it should be the rightful governors of Thailand and one main reason why so many people are trying so hard to keep them out of power, they are a filthy, dishonest bunch who thrive on trying to discredit everyone and they're not even very good at lying.

What Peau Thai, and their compulsive liar Jatuporn Promphan, are trying to do here is convince the average ill-informed member of public that the courts are all buddies with the Dems/Elite/Yellows and that everything has been deliberately stacked against them and is therefore unfair and should be reversed.

The 'system' successively used the courts to break down the Thaksin juggernaut and now PT are fighting back by trying to discredit the court.

[chantorn]

It is only alleged as inappropriate because the content of the meeting

was steered that way by the person or persons who set up the meeting

and clandestinely recorded it.

Is it unusual for Defense councils to meet with court secretaries?

Not really, since that is considered a normal function of the secretaries;

to communicate face to face with BOTH sides of a court trial's participants.

Were there other meetings, of course there were, it is part of the secretaries job description. To use such meetings to set up or encourage participants to say

incriminating things and create illegal videos of them is NOT. And then of course disappear from the scene.

Regardless of Wirat's intentions he was sandbagged, and set up by the court secretary.

For which said secretary has been fired. And it's hard to imagine this hasn't been

communicated to absconding secretary by someone on his shopping trip to Hong Kong.

It would be absurd to think he doesn't know about this. Yet he is not contacting anyone, including his now ex-bosses and saying anything.

It all stinks like rotten sulfur.

It all stinks like rotten sulfur?

No. Mark & Dems do not stick, and still smell like fresh roses. The hero that can do no wrong.

Thaksin & his gang are the only one that stinks like rotten sulfur.

[ChiangMaiFun]

It is only alleged as inappropriate because the content of the meeting

was steered that way by the person or persons who set up the meeting

and clandestinely recorded it.

Is it unusual for Defense councils to meet with court secretaries?

Not really, since that is considered a normal function of the secretaries;

to communicate face to face with BOTH sides of a court trial's participants.

Were there other meetings, of course there were, it is part of the secretaries job description. To use such meetings to set up or encourage participants to say

incriminating things and create illegal videos of them is NOT. And then of course disappear from the scene.

Regardless of Wirat's intentions he was sandbagged, and set up by the court secretary.

For which said secretary has been fired. And it's hard to imagine this hasn't been

communicated to absconding secretary by someone on his shopping trip to Hong Kong.

It would be absurd to think he doesn't know about this. Yet he is not contacting anyone, including his now ex-bosses and saying anything.

It all stinks like rotten sulfur.

It all stinks like rotten sulfur?

No. Mark & Dems do not stick, and still smell like fresh roses. The hero that can do no wrong.

Thaksin & his gang are the only one that stinks like rotten sulfur.

I hope you are joking when you say 'hero'? there are no hero's in Thailand unfortunately (that I know of) - hopefully, one day, one will emerge.