Review Of Post-Coup AEC Cases Proposed: Thailand

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Review of post-coup AEC cases proposed

KHANITTHA THEPPHAJORN,

SOMROUTAI SAPSOMBOON

THE NATION

BANGKOK: -- King Prajadhipok's Institute has come up with reconciliation proposals that include a retrial of court cases originated by the post-coup Assets Examination Committee and the voiding of all legal impacts of the cases already ruled on by the court.

In its report to the House committee on national reconciliation, the institute - an independent academic organisation under Parliament - proffered three options to "build confidence in the justice system".

The first option is to shift all the cases investigated by the AEC to the National Anti-Corruption Commission and let the existing justice process run its course, without impact on cases that have been ruled on by the court. This is the present situation.

The second option is to cancel all the legal impacts of the cases initiated by the AEC, and to shift the cases to the normal justice process, with no statute of limitations enforced.

The third option is to expunge all the legal impacts of the cases initiated by the AEC - both the complete and incomplete cases.

Democrat MP Nakhon Machim, a committee member, said yesterday that the retrial and expunging would only disturb the system and revive the political conflict.

The AEC was appointed by the coup-makers, led by then Army chief General Sonthi Boonyaratglin, who were in power after toppling the government of Thaksin Shinawatra in September 2006.

The committee's members discussed the matter in depth, Nakhon said.

Piphob Thongchai, a leader of the yellow-shirt People's Alliance for Democracy, expressed agreement with the first option, saying it was something being implemented, but cautioned against the second option.

"Who is going to revive the cases - the police, prosecutors, or someone else? If you base your cases on the findings of the AEC, it means you choose the first option," he said.

He was totally against the third option, which he sees as tantamount to pardoning fugitive Thaksin.

The AEC was assigned to investigate allegations of corruption against members of the Thaksin cabinet. Its findings led to court rulings against Thaksin - two years' imprisonment for abuse of power - and the confiscation of more than Bt40 billion of his assets for being unusually wealthy.

Sonthi, the ex-coup leader, is now an MP and chairman of the House committee on national reconciliation, which assigned the institute to study proposals for political reconciliation.

The institute conducted in-depth interviews with 47 people including politicians and activists involved in the political conflict, such as Thaksin, ex-premier and opposition leader Abhisit Vejjajiva, red-shirt leaders and yellow-shirt leaders.

Sonthi said his panel would base its proposals for reconciliation on the institute's report.

Thaksin, addressing a recent red-shirt rally from overseas, said he wanted Parliament to focus on the reconciliation measures. He said Sonthi was involving himself with reconciliation because the coup was a failure.

Some observers said Thaksin appeared to be using Sonthi's committee to work in a way that would benefit him. However, Nakhon said he did not think so.

One interesting conclusion of the institute was that the conflict was caused by a concentration of power and the abuse of political power for personal gain.

The report also proposed the establishment of a national reconciliation committee that included the prime minister, opposition leader and Parliament president.

-- The Nation 2012-03-07

[airconsult]

And General Sonthi's comment?

"How hard is it for these people to understand that when "I" appoint them, I want them to come up with answers "I" like!!!"

Cheers

[Payboy]

The committee's members discussed the matter in depth, Nakhon said.

Wow, thanks for that. You get a candy for special effort.

[Murgatroyd]

I assume this would mean that all verdicts and pending cases against Kuhn Thaksin would be set aside and he'd be home free?

Let's hear it for democracy and the rule of law!!!

[birdpooguava]

Well considering that the AEC was unconstitutional, undemocratic, stuffed full of leading yellow shirts, set up for the sole intention of convicting Thaksin no matter what the evidence (that's why it took them so long), .....sounds like a reasonable suggestion from coupman.

[animatic]

Just the weekly attempt at an end run on the cases.

They always ignore the facts that,

after the AEC investigation

the cases were then handed to the Attorney General,

who's own investigators went through out some,

and kept others and then prosecuted them.

So regardless of who may have appointed or assigned the original investigative committee,

there was several layers of legal bureaucracy and fact finding AFTER that.

All perfectly legal.

It's like saying a citizen witnesses a crime,

investigates it a bit and collects some facts,

and reports it to a cop on the take.

When that cop does nothing,

The citizen takes it to the local District Attorney.

The District attorney finds more evidence and prosecutes

but after conviction, the defense lawyer tries to say it's illegal

because the 1st investigator, the citizen, was not official enough.

Fruit of a poisoned tree arguments, etc.

Except it's not.

There is no reason an investigation can not be conducted by any group,

and the facts reported to legal authorities.

Edited March 7, 2012 by animatic

[animatic]

I assume this would mean that all verdicts and pending cases against Kuhn Thaksin would be set aside and he'd be home free?

Let's hear it for democracy and the rule of law!!!

This is of course what he hopes,

but there is no legal reason to assume that case can be made.

[yoshiwara]

Well considering that the AEC was unconstitutional, undemocratic, stuffed full of leading yellow shirts, set up for the sole intention of convicting Thaksin no matter what the evidence (that's why it took them so long), .....sounds like a reasonable suggestion from coupman.

The evidence led to his conviction. Maybe you would like to spin money laundering through the family chauffeur and the rest of the family into something innocent. The courts conducting the trials were careful enough to publish the proceedings. These were never challenged. Looks like the Thaksin apologists are getting ready for a new offensive claiming his innocence. It won't wash. And since the 'its not about Thaksin' crowd are somewhat hand-tied in arguing the toss re Thaksin's whitewash efforts, we now get a new phalanx of supporters moving into the office no doubt to manage this campaign on the forum. Just like in 2010. New names. Old pack drill.

[phiphidon]

Well considering that the AEC was unconstitutional, undemocratic, stuffed full of leading yellow shirts, set up for the sole intention of convicting Thaksin no matter what the evidence (that's why it took them so long), .....sounds like a reasonable suggestion from coupman.

The evidence led to his conviction. Maybe you would like to spin money laundering through the family chauffeur and the rest of the family into something innocent. The courts conducting the trials were careful enough to publish the proceedings. These were never challenged. Looks like the Thaksin apologists are getting ready for a new offensive claiming his innocence. It won't wash. And since the 'its not about Thaksin' crowd are somewhat hand-tied in arguing the toss re Thaksin's whitewash efforts, we now get a new phalanx of supporters moving into the office no doubt to manage this campaign on the forum. Just like in 2010. New names. Old pack drill.

By referring to an "office" and "campaign managing" are you implying that people are being hired to post on this forum?

Edited March 7, 2012 by phiphidon

[JAG]

Well what other possible explanation could there be for posters not wholeheartedly agreeing with his every utterance?

its not as if there could be an alternative point of view or anything silly like that, now is it!

Edited March 7, 2012 by JAG

[Reasonableman]

The two concepts are not mutually exclusive. Professional spin doctors, image managers, discourse managers, call them what you will, have been employed, most likely by both "sides", or are supposedly working "voluntarily". Please don't be so naive as to suggest they don't exist.

Well what other possible explanation could there be for posters not wholeheartedly agreeing with his every utterance?

its not as if there could be an alternative point of view or anything silly like that, now is it!