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Thailand Live Saturday 30 Oct 2010


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Thailand Live Saturday 30 October 2010

News, Bits and Tweets

with webfact

Keep up to date with live updates from the news, hour by hour.

For breaking news,national, regional and international news updates on

a daily basis only, this thread is closed to commentary so that those

who wish to follow the news can find it here...

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Related topic: Thailand Live Friday 29 October 2010

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Big C Bombing Suspect Charged in Court

The suspect in the Big C Ratchadamri department store bombing case is charged in court for illegal possession of explosives and firearms.

He denies all charges and the court will examine the evidence on December 27.

The Criminal Court has summoned the suspect linked to the bombing of the Big C department store in Ratchaprasong area, 37 year old Seksan Worapiticharoenkul, to answer charges of illegally possessing explosive devices and carrying firearms in public.

Police's investigation found the suspect and two other accomplices who are still at large having in possession 51 bottles of energy drink that contained explosive substances, fire extinguishers filled with ammonium nitrate, home made explosives with mobile phone detonators, three grenade launchers, a .45 caliber pistol and 20 rounds of ammunition.

Seksan denied all the charges and the court has scheduled the evidence examination on December 27.

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-- Tan Network 2010-10-30

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Udon Thani red, yellow shirts jailed over brawl

By The Nation

The Udon Thani Provincial Court yesterday sentenced 32 red shirts and two yellow shirts to prison terms ranging from eight to 16 months for their involvement in a bloody tussle at a public park in July 2008.

The court first sentenced local radio host Kularb Yos-on, aka Hongthong Dao-udon, to two years for giving misinformation in mobilising the red shirts through her radio programme. However, the court reduced the sentence to one year and four months, citing the defendant's cooperation during the police interrogation.

The court also sentenced 31 other red shirts and two supporters of the yellow-shirt People's Alliance for Democracy (PAD) - a 24-year-old man and a 31-year-old woman - to eight months in jail each for physical assaults and fighting in a public place. Their earlier jail term of one year was reduced because of their cooperation during the police interrogation.

The court said all the defendants did not deserve suspended jail terms because their offences had caused much damage to the country and to public properties.

All of the defendants were present during the verdict reading, except a few red shirts who are being detained at a local prison in connection with an arson attack on Udon Thani's provincial hall during the political unrest this year.

On July 24, 2008, members of the red-shirt movement's Society of Udon Thani Lovers fought with PAD supporters at Nong Prachak Sinlapakom Park in the Northeastern province, where the yellow shirts were holding a rally.

Also yesterday, the Criminal Court heard a case in which red-shirt supporter Seksan Worapiticharoenkul, 37, was accused of planting a bomb at the Big C department store's Ratchadamri branch. The defendant denied the charge and expressed his readiness to fight the case with the help of his lawyer. The court scheduled December 27 for examination of the items cited as evidence and the list of witnesses.

In Samut Prakan, a suspicious object was found at a telephone booth opposite a Siam Commercial Bank branch in Bang Sao Thong district early yesterday. Police investigators discovered that it was three bottles of energy drink attached to a mobile phone with tapes and electric wires.

A bomb-disposal unit later examined the object and found that it was a fake, said Pol Colonel Prasai Jittasonthi, superintendent of Bang Sao Thong district police station.

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-- The Nation 2010-10-30

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Democrats release their rebuttal of prosecution charges

By The Nation

The Democrat Party has submitted its closing statement summing up defence arguments rebutting charges related to financial fraud in 2004 punishable by party dissolution and job bans for party executives. Here are excerpts from the summation.

The prosecution brings up a wrongful litigation.

As stipulated by Article 95 of the 1997 Political Parties Act and Article 95 of the 2007 Political Parties Act, only the party registrar is empowered to initiate legal proceedings on the case. The Election Commission (EC) has no jurisdiction in the matter.

In its resolution dated December 17, 2009, the EC decided in a majority vote to entrust its chairman and party registrar Suchart Sukkhagganond to draw a conclusion on the case. Suchart subsequently ruled to drop charges on the ground of lacking cause to suspect foul play.

On April 12, 2010, the party registrar abruptly asked the EC for a review on the case. The EC made a majority decision to suspect foul play in two separate counts of fraud before ruling to disband the Democrat Party. Such a decision has no legal binding, since it violates the stipulations of Articles 67 and 95.

In two past dissolution cases involving the Thai Rak Thai and Democrat parties, the Constitution Court set a clear precedent that the party registrar has the sole mandate to seek prosecution via the Office of the Attorney-General.

The prosecution has happened after the expiry of the statutory limitations.

The prosecution contends about fraud related to the wrongful spending of subsidised funds for political parties. Under Article 50 of the Elections of MPs and Senators Act, any spending related to campaign financing must be contested within 180 days following the announcement of the voting outcome. The prosecution seeks the judicial review after the expiry of the deadline.

In the case of fraud conviction triggering party disbandment, the prosecution seeks to bar party executives for holding office for five years.

The prosecution cites Articles 82 and 94 of the 2007 Political Parties Act as the basis for the ban. But in its ruling to disband the Chart Thai Party in 2008, the Constitution Court opined that the two provisions do not prescribe the mandatory punishment of party executives following the party disbandment.

The job ban is not mandatory like the punishment for electoral fraud under the Elections of MPs and Senators Act of 2007.

The enforcement of the 2007 Political Parties Act in the face of provisions of the 1997 Political Parties Act.

Under the judicial precedents, provisions of a new legislation must not be enforced unless deemed favourable to the defence. The alleged wrongdoing took place when the 1997 Political Parties Act was in effect. In this case, the Act of 2007, particularly its Article 83, has cancelled the punishment by party dissolution in case of financial fraud.

Preceding the new legislation and under the new regulations on subsidised party funds, enacted in 2004, any parties found to have misappropriated funds is obligated to return the money.

The prosecution seeks a judicial opinion on the job ban for party executives based on either the 2007 Political Parties Act or decree No 27 issued by the Council for National Security.

In its ruling No 15-16/2007 on the disbandment of the Santipap Thai Party, the Constitution Court did not invoke the decree to bar party executives on the grounds that the financial-fraud conviction did not constitute serious violations, such as the overthrow of the political system, as per the 1998 Political Parties Act.

The defence deems it a misunderstanding by the prosecution, which compares this case to a 2010 ruling on the disbandment of the Palang Kasetkorn Party. That disbandment was based on the 2007 Political Parties Act, whereas this case is being litigated under the 1998 Political Parties Act.

The prosecution contends that the Democrat Party did not spend the subsidised funds on campaign billboards but was involved in a deceitful transaction to accept secret campaign contributions from a listed company, TPI Polene.

As evidence, the prosecution cites statements given by Prachuab Sangkhao, executive of Messiah Business and Creation, and Wasini Thongjua, executive of Magnat Sign. The two statements were submitted at the Department of Special Investigation and the EC.

The defence finds the statements unreliable, since Prachuab and Wasini gave conflicting accounts of what happened. In her initial statement, Wasini said she won a Bt2-million contract to produce billboards but was forced to issue receipts worth Bt4 million. In her witness testimony at the court, she said she got paid for the Bt9-million contract and allocated the other Bt4 million to buy plastic boards from a manufacturer, Ecoplast Industries.

The prosecution contends the Democrat Party did not spend the subsidised funds on campaign billboards but distributed the money among relatives and close aides of then-party secretary-general Pradit Pataraprasit. The cash was spread via Thongchai Dolsrichai.

The Democrat Party spent the subsidised funds as per its list of appropriations. The party had no foreknowledge of and was not involved in or did not condone the activities of Thongchai, who has no party position.

The prosecution contends the Democrat Party could award the contract for campaign billboards before receiving the subsidised funds in November 2004 because it had received the secret contribution of TPI Polene.

The defence deems this prosecution argument unreasonable, as it shows a lack of understanding on campaign planning and financing. All campaigning activities must be planned and carried out ahead of the House dissolution, which led to the earmark of subsidised funds.

The prosecution contends that Democrat Party leader Abhisit Vejjajiva failed to spend the funds on billboards but distributed the money to Pradit's relatives and close aides.

As evidence, the prosecution cites the party's financial statement endorsed by Abhisit.

The defence deems the prosecution to have brought up a bogus charge to fault Abhisit. The fact is that when the alleged wrongdoing took place between January 2004 to February 2006, Banyat Bantadthan was the party leader while Abhisit was his deputy.

At the time, the party did not assign Abhisit to take charge of campaign finances or to prepare and endorse the financial statement.

The case involves the audited financial statement submitted by the Democrat Party and endorsed by then-leader Banyat to the EC.

In concluding the defence summation, the Democrat Party wants to call attention to the fact that it is a political movement integral to the advancement of democracy in Thailand. It duly recognises and upholds the rule of law. Its long history is proof of its righteous stand and honest intent.

From evidence cited by the defence, it is clear that neither the Democrat leader nor any of the party executives had any involvement in fraud as contended by the prosecution.

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-- The Nation 2010-10-30

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Academic's protest not 'unlawful'

By The Nation

Bangkok's Phra Khanong Provincial Court yesterday acquitted Chulalongkorn University's political scientist Chaiyan Chaiyaporn for tearing up ballot papers in protest during the April 2006 general elections.

The court said the academic had the right to peacefully protest against an election that he considered unjustified and unlawful, adding that Chaiyan's actions were not violent or harmful to anyone.

The court also noted that the election called during the tenure of the Thaksin Shinawatra government was earlier ruled unconstitutional by the Constitution Court.

Upon learning about the court verdict, Chaiyan, the 47-year-old head of the university's Administration Department, said yesterday that he had torn up the ballot papers even though he knew that was against the law. "But I believe that what I did was sensible and justified," he said, adding that he would accept a guilty verdict because he had fought the case properly.

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-- The Nation 2010-10-30

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Ruling lets pair sit med-school tests

By The Nation

Thanks to an injunction from the Central Administrative Court, two Mathayom 6 students will today sit in the directadmission tests for their chance to get into medical schools.

The injunction, which was issued yesterday, has brought much delight to the medicalstudent hopefuls.

"I am so grateful to the court," Saranya Jannamwong from Chachoengsaobased Benchamaratrangsarit School said upon hearing about the injunction, "I promise to be a good doctor if I sail through".

Saranya and Sirikwan Charoensuksophon from Bangkokbased Bodindecha (Sing Singaseni) School had earlier been denied the chance to sit in the tests because they failed to attach one more photo in their applications.

The Consortium of Thai Medical Schools (Cotmes), which organises the tests, has usually had the final say on the matter.

However, the Cotmes decision has been seriously challenged when the Office of National Humans Rights Commission has decided to sue the Cotmes on behalf of Saranya.

It is the first time the office, which was established a decade ago, has represented a victim in the Central Administrative Court.

Since Saranya came forward, a few more students have complained about a similar problem.

The Central Administrative Court had heard the students on Thursday and yesterday.

Building Thailand Club chairman Amnuay Sunthornchote yesterday said he hoped Cotmes would announce clear admission rules and instructions next time.

"Applicants' rights should be well protected," he said.

Amnuay has assisted two other students in bringing their complaint to the Central Administrative Court. However, these two students do not benefit from the injunction because their cases were a bit different. They have forgotten to sign the copies of their national identification cards.

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-- The Nation 2010-10-30

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Author Sukprida Banomyong dies

By The Nation

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A famous son of senior statesman Pridi Banomyong passed away at the age of 75 yesterday.

Sukprida Banomyong succumbed to cancer and septicemia at the Thammasat Rangsit Hospital.

Praying rites for his funeral were held yesterday and today at the Wat Phra Si Mahathat Bang Khen. Bathing rite will take place later on Sunday.

Sukprida's body will be donated to the Thammasat Rangsit Hospital in line with his wish.

In his life, Sukprida has penned many books including a biography about Ho Chi Minh and the life of Laotian Prince of Supanuwong.

One of his memorable speeches is that, "You should do what you say you will do. Do it and learn from results. If the results are good, promote those actions. If the results are not good, correct the mistakes. Mistakes are no evil deeds. They are evil only when doers refuse to change".

Sukprida was a graduate from Sun Yatsen University in China. He had worked in France, Hong Kong and Britain before returning to Thailand.

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-- The Nation 2010-10-30

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Asbestos present in everyday items

By The Nation

Many powder products, hairdryers and toasters in the country must have contained the dangerous asbestos, a seminar was told yesterday.

Dr Somkiat Sirirattanapreuk, who heads Bureau of Occupational and Environmental Diseases, said asbestos could cause fatal lung cancer and mesothelioma.

"Mesothelioma is incurable," he said.

According to academic information available in foreign countries, hairdryers, toasters and electrical appliances have often used asbestos in insulation.

"When consumers use such appliances, they are facing a real cancer risk," Somkait pointed out.

In a survey conducted last year, his office has found that two advertised powder and powderpuff products were contaminated with asbestos.

Asst Prof Dr Pitchaya Phakthongsuk, who works at the Prince of Songkla University's Faculty of Medicine, said the World Health Organisation believed up to 1,295 Thais would come down with mesothelioma annually.

Because asbestos is widely used in Thailand's construction sector, workers are also at risk.

The participants at yesterday's seminar called on the Industry Ministry to ban the use and the import of asbestos on ground of health concerns.

To date, up to 50 countries including Japan and Singapore have already banned asbestos.

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-- The Nation 2010-10-30

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Light voter turnout in early Surat Thani by-election

SURAT THANI, Oct 30 -- As expected earlier, not many eligible voters turned up at polling stations in the southern province of Surat Thani on Saturday’s by-election, due to sporadic rains in the province, provincial officials said.

Polling stations have been open since 8am and will close at 3pm but because of the sporadic rainfall only a few voters have exercised their rights within the first two hours after poll stations opened, they said.

A number of students taking the political development course of the Election Commission (EC) visited three polling stations in the province’s Constituency 1 where the by-election is being held as soon as they opened.

Manit Nop-amornbodi, a former deputy public health minister and now one of the students, said after observing the election taking place that he found the times displayed at each station were not the same as other election sites while the civil servants manning the stations did not appear to fully understand the election law.

Sumon Nongnual, Surat Thani’s Electoral Commission chief, told journalists that no complaints on irregularities have been made.

Mr Sumon said election officials were concerned about the ongoing rain which could prevent voters from leaving their home.

He said vote counting could take about two hours to complete after the polling stations were closed and the name of the winner could be announced.

EC chairman Apichart Sukhagganond, also in Surat Thani to observe the by-election said he expected about 60 per cent of eligible voters would exercise their rights, and that marine police and helicopters are on standby to transport ballot boxes in case of heavy rain.

Only two contestants are running in the by-election – Suthep Thaugsuban, secretary-general of the ruling Democrat party, and Worawut Wichaidit of the opposition Puea Thai Party.

Mr Suthep resigned as deputy prime minister to contest the by-election.

The election is being held to choose a replacement for former Democrat MP Chumphon Kanchana who faced a five-year ban from politics for submitting a false assets statement. (MCOT online news)

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-- TNA 2010-10-30

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Indonesia volcano belches hot ash in new eruption

Jakarta - Indonesia's Mount Merapi spewed hot ash early Saturday in a new eruption, sending residents fleeing to safety, officials said.

Two people were killed in an accident when villagers in the Pakem area scrambled to escape volcanic debris, said Trisno Heru Nugoro, a spokesman for the Sardjito hospital.

Television footage showed rescue workers forcibly carrying an elderly woman as she resisted the evacuation kicking and screaming.

The volcano erupted just after midnight for 21 minutes, said Surono, head of the Centre for Vulcanology and Geological Disaster Mitigation.

"We have been unable to determine how far the hot clouds travelled because it was very dark," he said.

The volcano erupted for the first time in four years on Tuesday, killing 36 people and injuring dozens of others. Since then it has erupted three times.

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-- The Nation 2010-10-30

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Tea Banh insists Arisaman is not in Cambodia

Cambodian Deputy Prime Minister and Defence Minister Tea Banh said Saturday that fugitive red-shirt leader Arisaman Pongruangrong is not in Cambodia right now.

Tea Banh was speaking to Thai reporters after attending the General Border Meeting with the Thai side in Chon Buri.

When asked whether Arisaman was in Cambodia now, Tea Banh initially replied: "I don't know."

When pressed on whether Cambodia would extradite Arisaman if he is in Cambodia, Tea Banh replied: "I said I don't know. And in saying I don't know means he is not in Cambodia. If he is in Cambodia, we must now."

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-- The Nation 2010-10-30

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Russia raised Bout with Hillary Clinton in Hanoi

The Nation

Hanoi: -- Russian Foreign Minister Sergey Larov discussed the fate of Viktor Bout with US State Secretary Hillary Clinton at the sideline of Asean Summit, according to an informed source.

The source said that after of them discussed their bilateral cooperation in anti-drug operation in Afghanistan and other cooperation, Larov told Hilary that Russia expressed the hope there is no external influence over the Thai decision making on the fate of Viktor Bout.

The court decided in September to have him extradited to the US. But the extradition has been held up with a new charge on money laundering filed the US before the court's decision was made.

Thailand is under heavy pressure by the world's superpower to ensure that Bout ends up in their custody.

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-- The Nation 2010-10-30

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