Constitution Court Disqualifies Red Shirt Co-Leader Jatuporn Of MP Status

Lite Beer · May 18, 2012

Constitution Court disqualifies Jatuporn

BANGKOK:-- The Constitution Court Friday disqualified Jatuporn Promphan as a Pheu Thai MP.

The Constitution Court judges voted 7:1 to disqualify Jatuporn on ground that he was not qualified to apply as an election candidate.

The court reason that the Political Parties Act prohibited anyone, who cannot cast vote, to become a member of a political party.

Since Jatuporn was detained from May 12 and was released and August 2, he could not cast vote so he was not qualified to become a member of the Pheu Thai.

Since he could not become a Pheu Thai member, his election candidacy was invalid, and thus his election victory was also invalidated.

-- The Nation 2012-05-18

OzMick · May 18, 2012

The same justice system that found him not guilty of LM.

Yes and no.

Once it gets to the courts the long seedy arms of big money no longer hold as much sway. But those branches of justice still under the government of the day appointed Minster of Justice,

can still be tweaked to suit the needs of the power broker of the moment.

That is why the LM was dropped,

but this MP status case had passed by the Justice Ministers domain

via the EC, and direct to the less manipulatable courts, and we see the result.

This is good news, even if he will just be slid into a cabinet seat.

But even better news because this UN-stalls his immunity provided prosecutions for other things. Some of which may well be too large to quash, even with huge amounts of money in play.

"That is why the LM was dropped,

but this MP status case had passed by the Justice Ministers domain

via the EC, and direct to the less manipulatable courts, and we see the result."

Have you actually read why the LM charge was dropped? Strange as it may seem to you it was nothing to do with manipulating the judges or DSI but merely down to interpretation as to towards whom the remarks were made in their full context.

As I know you are a unbiased individual that is willing to accept facts if they are proven I suggest you do a bit of googling. I'll give you a clue, the remarks were made about Suthep and Abhisit not a certain other individual.

Well don't be shy - give us a copy. What's the worst that could happen, 30 years in jail because you don't have the right contacts.

BTW I find it difficult to imagine any context where "royally bestowed bullets" at a commemoration of dead protesters is NOT going to be LM.

But I'm sure you'd love to prove me wrong.

Edited May 18, 2012 by OzMick

whybother · May 18, 2012

In his MP disqualification case, it's a positive step when an open and shut case reaches its logical conclusion.

Not voting = Not eligible to run = No MP

Actually, it's:

Being in jail = Not being a PTP member = Not eligible to run = No MP

Updated to be:

Being in jail = Not voting = Not being a PTP member = Not eligible to run = No MP

MunterHunter · May 18, 2012

Couldn't happen to a nicer guy

OzMick · May 18, 2012

Anybody care to tell me how appointing him as a deputy minister is not an attempt to pervert the course of justice? Again.

whybother · May 18, 2012

Anybody care to tell me how appointing him as a deputy minister is not an attempt to pervert the course of justice? Again.

He's got his justice. Being a minister doesn't stop him from being tried for his other charges.

Buchholz · May 18, 2012

does he have to be a member of PTP to hold a cabinet position?

It's not necessary.

Thailand Constitution

Section 174. A Minister must possess the qualifications and must not be under any of the prohibitions as follows:

(1) being of Thai nationality by birth;

(2) being not less than thirty five years of age;

(3) having graduated with not lower than a Bachelor’s degree or its equivalent;

(4) not being under any of the prohibitions under section 102 (1), (2), (3), (4), (6), (7), (8), (9), (11), (12), (13) or (14);

(5) having been discharged for a period of less than five years before the appointment after being sentenced by a judgment to imprisonment, except for an offence committed through negligence or petty offence;

(6) not being a senator or having been a senator whose membership has terminated for not more than two years up to the date of the appointment as Minister.

phiphidon · May 18, 2012

In his MP disqualification case, it's a positive step when an open and shut case reaches its logical conclusion.

Not voting = Not eligible to run = No MP

Actually, it's:

Being in jail = Not being a PTP member = Not eligible to run = No MP

Updated to be:

Being in jail = Not voting = Not being a PTP member = Not eligible to run = No MP

As opposed to

Dem MP = (allegedly) Shoot dead a person in cold blood = remain a Dem MP = refuse to cooperate with police = remain a Dem MP = be charged with pre meditated murder = remain a Dem MP...............

whybother · May 18, 2012

(3) having graduated with not lower than a Bachelor’s degree or its equivalent;

What's his degree?

whybother · May 18, 2012

Updated to be:

Being in jail = Not voting = Not being a PTP member = Not eligible to run = No MP

As opposed to

Dem MP = (allegedly) Shoot dead a person in cold blood = remain a Dem MP = refuse to cooperate with police = remain a Dem MP = be charged with pre meditated murder = remain a Dem MP...............

The difference being the "alleged" part.

JayBangkok · May 18, 2012

So what does that open him up to in terms of being prosecuted for his rather long lists of charges.

Never liked this immunity for MP's anyway. All nonsense.

If they remove immunity for MP's all those crooks will have to behave

Without a doubt. When people accused of murder or terrorism can hide behind parliamentary immunity it is a travesty of the law. I understand certain types of immunity to prevent blackmail etc, but the way it is used in Thailand it is a joke.

I think they should do a Capone on the lot of them. God knows how much tax evasion is sitting in the parliament.

Do Ministers get immunity too or is it just MP's?

Moruya · May 18, 2012

The same justice system that found him not guilty of LM.

Yes and no.

Once it gets to the courts the long seedy arms of big money no longer hold as much sway. But those branches of justice still under the government of the day appointed Minster of Justice,

can still be tweaked to suit the needs of the power broker of the moment.

That is why the LM was dropped,

but this MP status case had passed by the Justice Ministers domain

via the EC, and direct to the less manipulatable courts, and we see the result.

This is good news, even if he will just be slid into a cabinet seat.

But even better news because this UN-stalls his immunity provided prosecutions for other things. Some of which may well be too large to quash, even with huge amounts of money in play.

I believe the Constitutional Court has 15 members - 7 from the Judiciary and 8 from the Senate

There are 9 judges (including one President) on the Constitutional Court.

http://www.constitut...ional Court.pdf

see the Wiki - may be incorrect - http://en.wikipedia.org/wiki/Constitutional_Court_of_Thailand

Says 15 and the court is part of the "Judicial Branch of the Government".

It may well be that cases are heard by 8 or 9 members - but that is not the whole court.

GentlemanJim · May 18, 2012

phiphidon

sometimes I understand your political stance, but at times like this, supporting yet another criminal, who has been tried in the courts under the present Government you should simply be ashamed of yourself!

As for the Dem politician, sure, get him tried and if guilty send him to jail and let him share a cell with Chalerm and his son.

Edited May 18, 2012 by GentlemanJim

drdoom6996 · May 18, 2012

The same justice system that found him not guilty of LM.

And an old man got years and years for supposedly texting LM from his phone that anyone could have picked up for just a minute. Not to mention that it could have been hacked.

Thai at Heart · May 18, 2012

So what does that open him up to in terms of being prosecuted for his rather long lists of charges.

Never liked this immunity for MP's anyway. All nonsense.

If they remove immunity for MP's all those crooks will have to behave

Without a doubt. When people accused of murder or terrorism can hide behind parliamentary immunity it is a travesty of the law. I understand certain types of immunity to prevent blackmail etc, but the way it is used in Thailand it is a joke.

I think they should do a Capone on the lot of them. God knows how much tax evasion is sitting in the parliament.

Do Ministers get immunity too or is it just MP's?

I have given up studying that zoo too closely long ago. I prefer to learn about the rules on Thaivisa actually. On the basis that ministers are appointed, wouldn't that mean that you could basically buy your way into a ministers seat just to avoid any type of criminal activity.

Which if I can see the possible legal ramifications of a situation like that, means that it is probably the case........ TIT

Crushdepth · May 18, 2012

Mr Jatuporn was jailed in Bangkok Remand Prison on charges of alleged terrorism during the election, and the court rejected his request to leave prison to go to the polling station.

This is not quite right. He was in jail for *breaching his bail conditions* related to the alleged terrorism charges. The court didn't want to give him bail a *second* time.

OzMick · May 18, 2012

In his MP disqualification case, it's a positive step when an open and shut case reaches its logical conclusion.

Not voting = Not eligible to run = No MP

Actually, it's:

Being in jail = Not being a PTP member = Not eligible to run = No MP

Updated to be:

Being in jail = Not voting = Not being a PTP member = Not eligible to run = No MP

As opposed to

Dem MP = (allegedly) Shoot dead a person in cold blood = remain a Dem MP = refuse to cooperate with police = remain a Dem MP = be charged with pre meditated murder = remain a Dem MP...............

The alleged incident happened after the election. Until convicted and jailed there is no reason to remove his party membership, which in any case would not disqualify him from being an MP as he is not party list (??)

On the other hand, PTP chose party list MPs facing serious criminal charges which can be construed with aiming to pervert the cause of justice. Personally, I think it's because they fit in so well with the other convicted and not-yet convicted criminals.

Crushdepth · May 18, 2012

So what does that open him up to in terms of being prosecuted for his rather long lists of charges.

Never liked this immunity for MP's anyway. All nonsense.

If they remove immunity for MP's all those crooks will have to behave

Without a doubt. When people accused of murder or terrorism can hide behind parliamentary immunity it is a travesty of the law. I understand certain types of immunity to prevent blackmail etc, but the way it is used in Thailand it is a joke.

I think they should do a Capone on the lot of them. God knows how much tax evasion is sitting in the parliament.

Do Ministers get immunity too or is it just MP's?

MPs.

TallGuyJohninBKK · May 18, 2012

Hope anyone can chime in on these items:

1. I don't believe there's any appeal available to him from the Constitutional Court's ruling, is there?

2. There's nothing in his current legal circumstance that would prevent him from being named to a Cabinet position, is there?

3. What if any already-filed criminal charges are still pending against him? Leaving aside the issue that future ones could be filed without him having the benefit of Parliamentary immunity.

4. I'm assuming he could be named or run again to a PTP Parliament post in a future election, and of course he'd certainly be listed/elected, right?

So unfortunately, it would seem we're hardly done with this sterling public servant as yet...

dru2 · May 18, 2012

In his MP disqualification case, it's a positive step when an open and shut case reaches its logical conclusion.

Not voting = Not eligible to run = No MP

Actually, it's:

Being in jail = Not being a PTP member = Not eligible to run = No MP

Updated to be:

Being in jail = Not voting = Not being a PTP member = Not eligible to run = No MP

As opposed to

Dem MP = (allegedly) Shoot dead a person in cold blood = remain a Dem MP = refuse to cooperate with police = remain a Dem MP = be charged with pre meditated murder = remain a Dem MP...............

Don't you have some kind of creative work to do? (I'm on my lunch break)... Or do you just sit around all day spouting claptrap?

OzMick · May 18, 2012

Without a doubt. When people accused of murder or terrorism can hide behind parliamentary immunity it is a travesty of the law. I understand certain types of immunity to prevent blackmail etc, but the way it is used in Thailand it is a joke.

I think they should do a Capone on the lot of them. God knows how much tax evasion is sitting in the parliament.

Do Ministers get immunity too or is it just MP's?

I have given up studying that zoo too closely long ago. I prefer to learn about the rules on Thaivisa actually. On the basis that ministers are appointed, wouldn't that mean that you could basically buy your way into a ministers seat just to avoid any type of criminal activity.

Which if I can see the possible legal ramifications of a situation like that, means that it is probably the case........ TIT

What's the difference between buying a minister's position and buying an MPs via the party list. The red thugs now sitting in parliament were given their position as a reward for their criminal behaviour 2 years ago - a barter transaction rather than cash.

whybother · May 18, 2012

Hope anyone can chime in on these items:

1. I don't believe there's any appeal available to him from the Constitutional Court's ruling, is there?

2. There's nothing in his current legal circumstance that would prevent him from being named to a Cabinet position, is there?

3. What if any already-filed criminal charges are still pending against him? Leaving aside the issue that future ones could be filed without him having the benefit of Parliamentary immunity.

4. I'm assuming he could be named or run again to a PTP Parliament post in a future election, and of course he'd certainly be listed/elected, right?

So unfortunately, it would seem we're hardly done with this sterling public servant as yet...

I don't think he can run as an MP in the next election, because he didn't vote in the last election.

Buchholz · May 18, 2012

(3) having graduated with not lower than a Bachelor’s degree or its equivalent;

What's his degree?

Bachelor of Political Science (Politics and Government), Ramkhamhaeng University

.

gemini81 · May 18, 2012

phiphidon

sometimes I understand your political stance, but at times like this, supporting yet another criminal, who has been tried in the courts under the present Government you should simply be ashamed of yourself!

As for the Dem politician, sure, get him tried and if guilty send him to jail and let him share a cell with Chalerm and his son.

and squeeze in a biker from pattaya who was convicted, that way the three of them are forced to bend over and pick up the soap.

webfact · May 18, 2012

Thai court disqualifies 'Red Shirt' Thai lawmaker

Bangkok, May 18, 2012 (AFP) - A Thai court stripped a top "Red Shirt" leader of his parliamentary seat Friday, in a move likely to anger supporters of the movement whose protests in Bangkok in 2010 descended into bloodshed.

The Constitutional Court in Bangkok said that Jatuporn Prompan's election was invalid because his membership of the now-ruling Puea Thai party had been nullified under the constitution when he was jailed on remand in May 2011.

The firebrand activist was elected to parliament in July 2011 elections that handed a landslide victory to the political allies of the Red Shirts' hero, fugitive former premier Thaksin Shinawatra who lives overseas.

Thaksin's sister Yingluck Shinawatra, who is now prime minister, indicated she might give Jatuporn a seat in her cabinet despite his loss of seat.

"Jatuporn is considered a competent and dedicated person so I have to see where to place him," she said when asked about the next reshuffle.

Judicial rulings have played a pivotal role in shaping Thailand's fractured political landscape, with courts forcing two premiers from office in 2008.

The latest verdict came one day before the Red Shirts plan a big rally to mark the second anniversary of the military crackdown on their demonstration against the government of then premier Abhisit Vejjajiva.

More than 90 people, mostly civilians, died in the 2010 unrest, which was the kingdom's worst political violence in decades and marked the culmination of a series of rival protests since a 2006 coup that toppled Thaksin.

Jatuporn was detained on charges of defaming the monarchy during a speech at a rally on the first anniversary of one of the bloodiest days of the 2010 protests. He was freed on bail when parliament convened in August 2011 and has yet to stand trial.

Thai court disqualifies 'Red Shirt' Thai lawmaker