Gutter Thai Politics Leaves A Stain On All Institutions

[webfact]

EDITORIAL

Gutter politics leaves a stain on all institutions

By The Nation

Our legal system cannot realistically improve until there is a radical shake-up of the political status quo

Again, the Constitution Court has drawn fire away from political targets. Its ruling last Thursday, which completely unshackled the ruling Democrat Party from legal charges pending against it, was the latest controversy involving an institution that came into being under the 1997 charter with such big promises.

The Democrats were let off the hook in their second party dissolution case, hot on the heels of a similar escape in the first case thanks to the same court, which again used the same logic in delivering its verdict. The party's rivals were too exasperated to mobilise a coordinated response, and critics simply could not believe what they had seen and heard.

It had taken the court about 45 minutes to rule on the first case. Last Thursday's verdict took an even shorter time to read. Again, the court set the Democrats free on technical grounds, citing wrong steps taken by the Election Commission in regard to charges against the ruling party. We had expected the second case to go to trial and showcase evidence of wrongdoing and how the defence would counter it. We were wrong.

The charges against the Democrats were quite serious. That is why, despite what looked like a reasonable explanation on why the two cases should be dropped, the technical acquittal does not feel right for a lot of people.

The Democrats should have been able to clarify their involvement or non-involvement with TPI Polene, which allegedly gave Bt258 million to the party in murky transfers. The party's accusers should have been allowed to push the case to the very end. And the court should have said either "Guilty" or "Not guilty" instead of "There is no case".

Politics, it has to be said, is not kind to the Constitution Court and other check-and-balance mechanisms prescribed by the 1997 Constitution. All of them have endured their fair share of criticism, controversies and even embarrassment. Some election commissioners have gone to jail, the Administrative Court has had a hard time grappling with telecom liberalisation, and the Supreme Court's Criminal Division for Political Office Holders has always been the subject of domestic and international outcries.

What happened? These independent institutions once formed what seemed to be an effective tool against political corruption. Shortly after coming into existence, the Constitution Court banished from politics ex-Democrat power-broker Sanan Kachornprasert for the trivial crime of filing a false debt report, and the Election Commission earned plaudits for disqualifying powerful politicians and their relatives from polls.

We used to have high hopes, but then the independent organisations' heroic, counter-balance role began to unravel in 2001, starting with the Constitution Court's acquittal of Thaksin Shinawatra in the share concealment case.

Is the Democrats' escape as ugly as Thaksin's in 2001? Maybe, or maybe not. Is the controversial verdict to let the Democrats walk a consequence of that 2001 ruling? Very likely. One wrong turn always leads to another. If our political justice system is badly twisted now, the reason why goes back a long way.

Who can haul us back on track? It's obvious that only a clean and fair election, followed by a legitimate government with policies that are not associated with any individual's interests, is the answer. Prime Minister Abhisit Vejjajiva must keep his promise to call an election before his government's term ends late next year. We need to jump-start the legislative branch again, so that the badly stymied executive branch and much-scrutinised judiciary can also turn a new leaf.

The judiciary alone cannot reform Thai politics. It's not the saviour. On the contrary, it is more likely to be dragged through the mud. Democracy has to heal itself. If it cannot, there's no one left to help.

The new Parliament and new government will be crucial for the future of Thai politics. A dirty election and more political acrimony will only make the country sink deeper, and the chain reaction will once again be felt at the end of the line - the judiciary.

-- The Nation 2010-12-14

[SamritT]

"Our legal system cannot realistically improve until there is a radical shake-up of the political status quo" Nation. Is Nation saying that current legal system is not fair enough? E.g. the court is not fair? I am puzzled why NAtion still don't go to jail?

[asiawatcher]

What started out as a decent system got mired and possibly corrupted or it simply bent to suit the highest bidder. Thaksin's case of concealment and his (crocodile) tears under examination how millions of shares were in the names of his driver and maid etc., could not have been a more open case of obvious stupidity and deliberate misrepresentation however - he got off! It all went downhill from there. Was this last case as bad? I don't think it could hold a candle to what followed in Thaksin reign.

But the 'system' is very strange for anyone outside of Thai sensibilities to understand. In a country where murder get 8+ to life and defamation gets 20+ it's all ass-up, loss of face seemingly more important! The dems may have won this case but would appear the elections will allow yet another case, to be swept under the carpet into the annals of Thai political history. The Constitutional Court needs reforming, NOT the politicians first. Let the Constitutional Court get some "goolies" and be able to nail anyone who steps out of line, then there may be a chance the political representatives of this country will be made to toe the line.

Right now it is just another pubic service jobs-for-the-boys and is another toothless tiger in Thai evolvement.

[slapout]

The character/goals of the politicians once elected to government seems to mirror their campaign mode/thinking. The competition/opposing party is the enemy, thus to be outmaneuvered/beaten at all costs. The general population/voters needs/welfare are ignored as the other parties, even in a collation government seemed to be viewed as the enemy, with no quarter to be given.

[scorecard]

The character/goals of the politicians once elected to government seems to mirror their campaign mode/thinking. The competition/opposing party is the enemy, thus to be outmaneuvered/beaten at all costs. The general population/voters needs/welfare are ignored as the other parties, even in a collation government seemed to be viewed as the enemy, with no quarter to be given.

Good point, well said!

[OzMick]

"..................the technical acquittal does not feel right for a lot of people."

Any acquittal would have seemed wrong for a lot of people, mainly because they don't understand innocent until proven guilty, and that the prosecution has to get everything right.

" Prime Minister Abhisit Vejjajiva must keep his promise to call an election before his government's term ends late next year."

Why does cleaning up the judiciary's act require an early election, which appears certain to return a very similar government to power?

"Is the Democrats' escape as ugly as Thaksin's in 2001?"

How can you compare the two? Thaksin was found innocent despite overwhelming evidence of guilt. The Democrat case was dropped due to prosecution incompetence - no evidence of wrongdoing was ever considered.

[Bagwan]

I thought it was a case of the Court doing its job and it was the Election Commission that fouled up - twice.

[animatic]

Who can haul us back on track?

It's obvious that only a clean and fair election,

'followed by a legitimate government with policies that are

not associated with any individual's interests, is the answer.

Love this line.

What party always seems to have one individuals interests from and center hmmm.

Well we have a legitimate government now,

the election must be called next year regardless.

But getting power brokers interests out of politics is the 900 lb gorilla in the corner.