Court Dismisses Second Dissolution Case Against Thai Democrat

[webfact]

Urgent: Court dismisses second dissolution case against Democrat

The Constitution Court Thursday voted 4:3 to dismiss the second party dissolution case against the Democrat Party.

-- The Nation 2010-12-09

[hammered]

Cue even more heated debate on here than over the wikileaks stuff.

[webfact]

Court Dismisses Democrat 258 Million Baht Donation Case

The Constitution Court rules 4-3 to drop charges against the Democrat Party in the 258 million baht donation case. The court cited that the political party registrar had already ruled that the accused was not guilty.

-- Tan Network 2010-12-09

[webfact]

Thai court drops second case against ruling party

BANGKOK, December 9, 2010 (AFP) - Thailand's Constitutional Court on Thursday dismissed a second case against the ruling Democrat Party that could have forced its dissolution and the removal of Prime Minister Abhisit Vejjajiva.

The court voted 4-3 to dismiss the case on the basis that the legal process was not conducted properly, a judge announced.

The case, which centred on allegations of an undeclared political donation, was one of two lodged by the Election Commission in April against Thailand's oldest party in the midst of deadly political violence.

-- (c) Copyright AFP 2010-12-09

[webfact]

UPDATE

Court dismisses second dissolution case against Democrat

By The Nation

The Constitution Court Thursday voted 4:3 to dismiss the second party dissolution case against the Democrat Party.

The majority judges reasoned that the lawsuit had not been filed properly as the political party registrar had not yet written his opinion on the case before it was filed with the court.

In this case, the Democrat was accused of having received unlawful donation worth Bt258 million from TPI Polene.

The Constitution Court used the same reason to reject the first dissolution case against the Democrat. In the first case, the party was accused of having misused a subsidy from the Political Party Development Fund.

In the second case, the court ruled Thursday that the Election Commission had no authority to file the suit as the authority belonged to the political party registrar, who had not yet made a decision on the case.

-- The Nation 2010-12-09

[SamritT]

Dems are commit any wrong doing. The court have just prove it. Long live Mark. To hell Thaksin.

[xminator]

In the second case, the court ruled Thursday that the Election Commission had no authority to file the suit as the authority belonged to the political party registrar, who had not yet made a decision on the case.

So in other words the case is still on when the political party registrar make his decision on the case? In about 20 years? When it will be dropped because its too old?

[SamritT]

Buddha protect the good politicians.

[jdinasia]

Court Dismisses Democrat 258 Million Baht Donation Case

The Constitution Court rules 4-3 to drop charges against the Democrat Party in the 258 million baht donation case. The court cited that the political party registrar had already ruled that the accused was not guilty.

-- Tan Network 2010-12-09

There wasn't a paper trail to connect the dots for this case. Were the Dem's guilty? Who knows!? Could anything be proven? No.

[SomTumTiger]

Buddha protect the good politicians.

Since Buddha is not a diety - I would say you need to look elsewhere for divine protection - how about Thaksin, he thinks he is a God...:jap:

[timekeeper]

Dems are commit any wrong doing. The court have just prove it. Long live Mark. To hell Thaksin.

Here! Here!

[mufcsamui]

Corruption lives

[barrybankruad]

Corruption lives

I rarely if ever make a comment on Thai politics, but really was this all surprising? To me it smacks of the double standards that the 'reds' complain about. A judiciary quickly (and I mean quickly) finding a duly elected P.M. guilty for hosting a cooking show and yet procrastinating about cases brought against the ruling party in power. The reasons given for the dismissals may have been legitimate but I feel the whole procedure to have been highly dubious.

[whybother]

Corruption lives

... in Montenegro.

[jdinasia]

Corruption lives

I rarely if ever make a comment on Thai politics, but really was this all surprising? To me it smacks of the double standards that the 'reds' complain about. A judiciary quickly (and I mean quickly) finding a duly elected P.M. guilty for hosting a cooking show and yet procrastinating about cases brought against the ruling party in power. The reasons given for the dismissals may have been legitimate but I feel the whole procedure to have been highly dubious.

The funny thing is that you say the dismissals may be legit --- but then ....

Sometimes the courts move quickly and sometimes they don't. Mostly they don't. That being said. The courts act in the time-frame available to them for the given charges. Samak and his cooking show required an almost immediate ruling. (Remember they were NOT sealing Samak's fate. He could have been re-elected by parliament the next day (but Thaksin wanted his Bro-in-law as PM).

Party dissolution cases take longer. They also rely much more heavily on procedure. (What is the cost to the state if Samak gets spanked for lying about his work and pay? An extra day of Parliament being in session? nope not even that!) The cost to the state if a party is dissolved is significant in WAY too many ways!

Please do remember that the term "double standards" came into play with the 2001 assets concealment case against Thaksin.

[rubl]

Corruption lives

I rarely if ever make a comment on Thai politics, but really was this all surprising? To me it smacks of the double standards that the 'reds' complain about. A judiciary quickly (and I mean quickly) finding a duly elected P.M. guilty for hosting a cooking show and yet procrastinating about cases brought against the ruling party in power. The reasons given for the dismissals may have been legitimate but I feel the whole procedure to have been highly dubious.

Minor detail. The late k. Samak was not guilty of hosting a cooking show, but of accepting payment for it and lying about it.

[afarang]

Corruption lives

Not just lives -thrives

[Buchholz]

Corruption lives

I rarely if ever make a comment on Thai politics, but really was this all surprising? To me it smacks of the double standards that the 'reds' complain about. A judiciary quickly (and I mean quickly) finding a duly elected P.M. guilty for hosting a cooking show and yet procrastinating about cases brought against the ruling party in power.

Actually Samak's case was in the works for months.

Actually, he was guilty of more than hosting a cooking show.

Actually, he had a plethora of cases awaiting that he faced beyond that conviction.

Actually, for procrastination, it's difficult to surpass any number of other cases such as Potjaman's 2 year-old conviction and unfulfilled prison sentence and the 3 and half year-old Red Leaders July 2007 Riot case, in which the litigants were only just recently charged.

Yep, double standards.

.

Edited December 9, 2010 by Buchholz

[Buchholz]

I rarely if ever make a comment on Thai politics, but really was this all surprising? To me it smacks of the double standards that the 'reds' complain about. A judiciary quickly (and I mean quickly) finding a duly elected P.M. guilty for hosting a cooking show and yet procrastinating about cases brought against the ruling party in power. The reasons given for the dismissals may have been legitimate but I feel the whole procedure to have been highly dubious.

The late k. Samak was not guilty of hosting a cooking show, but of accepting payment for it and lying about it.

Perjury and forgery...

The Nation - September 11, 2008

the court ruling indicated Samak had fabricated back-dated documents to fight his case

[Northman061]

Buddha protect the good politicians.

What "Good Politicians"?

What about the Millionaire Generals behind them? Do they get Buddha's protection too?

What about those arrested in May/June who were tried and thrown into jail for 20years all done behind closed doors and no press or media allowed to see or speak to them?

I fear the term "Good" politician, certainly in Thailand, would be a very rare jewel indeed.

[rubl]

Buddha protect the good politicians.

What "Good Politicians"?

What about the Millionaire Generals behind them? Do they get Buddha's protection too?

What about those arrested in May/June who were tried and thrown into jail for 20years all done behind closed doors and no press or media allowed to see or speak to them?

I fear the term "Good" politician, certainly in Thailand, would be a very rare jewel indeed.

I may agree with some of the ideas on politicians, but wonder what you refer to with 'What about ... to them'. Can you be a wee bit more specific ?

[whybother]

Buddha protect the good politicians.

What "Good Politicians"?

What about the Millionaire Generals behind them? Do they get Buddha's protection too?

What about those arrested in May/June who were tried and thrown into jail for 20years all done behind closed doors and no press or media allowed to see or speak to them?

I fear the term "Good" politician, certainly in Thailand, would be a very rare jewel indeed.

Who was jailed for 20 years after the protests?

[Northman061]

"The court cited that the political party registrar had already ruled that the accused was not guilty"............Whois this person whose words are strong enough and legal enough so that when he decrees someone is "not guilty", the judges agree?

Can he also tell the judges that should i commit a major bank robbery in broad daylight whilst drinking, smoking and shooting a pistol whilst i am broadcast live on International TV, that i am innocent too?

[jdinasia]

"The court cited that the political party registrar had already ruled that the accused was not guilty"............Whois this person whose words are strong enough and legal enough so that when he decrees someone is "not guilty", the judges agree?

Can he also tell the judges that should i commit a major bank robbery in broad daylight whilst drinking, smoking and shooting a pistol whilst i am broadcast live on International TV, that i am innocent too?

Perhaps you should look and see who is the political party registrar (as he has been tied up in both of the Dem cases). In answer to your facetious remarks ... no. However, he is a (the?) critical player in a dissolution case. He acts in a similar way as the Attny Gen. in criminal cases, but his only venue is political parties. It is his job to put the cases forward to the courts.

Again, the facts that were put out to the public quite a while ago said there was no paper trail. It was impossible to prove payments were made to party execs or the party itself.

[rubl]

"The court cited that the political party registrar had already ruled that the accused was not guilty"............Whois this person whose words are strong enough and legal enough so that when he decrees someone is "not guilty", the judges agree?

Can he also tell the judges that should i commit a major bank robbery in broad daylight whilst drinking, smoking and shooting a pistol whilst i am broadcast live on International TV, that i am innocent too?

What part in 'political party registrar' didn't you understand ?

[Arkady]

Bad luck for the red shirts and their big boss that their plan to intimidate the EC into filing these two cases has backfired on them. The EC's registrar of political, who had the right to decide the cases by himself had already decided there was no case to answer when the red shirts stormed the EC office and made them pee in their pants and overrule his decision.

Edited December 9, 2010 by Arkady

[chuang]

Thai court drops second case against ruling party

[

Has the court run of reason to acquit the Democrat party....due to technicality...when would this joke ends....what an AMAZING COURT...

[Thailand]

TIT

[rubl]

Thai court drops second case against ruling party

[

Has the court run of reason to acquit the Democrat party....due to technicality...when would this joke ends....what an AMAZING COURT...

It's not a joke, it simply suggests the due process may be unclear and needs to be reviewed and maybe rephrased / extended.

[Pib]

Black can be made white; white can be black in Thailand.