Court Hears Both Sides Over Red-Shirt Leaders Bail

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RED-SHIRT LEADERS

Court hears both sides over bail

The Nation

Two dozen red-shirt leaders head to the Criminal Court, which was scheduled to consider their appeal for bail in relation to terrorism charges yesterday. In the afternoon, the court said that it would hand down a bail ruling for most of them on August 22

Ruling scheduled for August 22; 5 cases deferred to November 22 due to immunity

BANGKOK: -- The Criminal Court yesterday convened a hearing and heard testimonies for and against revoking bail for 24 red-shirt leaders who are being tried on terrorism charges in connection with the 2010 political strife.

Following the hearing, the court said it would hand down its bail ruling on August 22. After the completion of the hearing, the defence sought and received permission to submit additional evidence.

In an earlier decision, the court ruled to defer the bail hearing for five of the 24 defendants on grounds that they had parliamentary immunity.

The hearing for the five has been rescheduled to November 22, following the House adjournment.

The five are Deputy Agriculture Minister Natthawut Saikua and Pheu Thai MPs Weng Tojirakarn, Kokaew Pikulthong, Vipoothalaeng Pattanaphumthai and Karun Hosakul.

In his capacity as a complainant, Democrat MP Nipit Intarasombat testified that defendant Yoswarit Chooklom, aka Jeng Dokjik, had violated his bail conditions with his rally speech attacking the Constitution Court over its review of the charter-amendment bill.

Nipit said Yoswarit had urged the red shirts to "visit" the homes of the high court's judges after disclosing the addresses and telephone numbers of the judges and their family members.

He said the judges later revealed receiving a surge of hate calls. Yoswarit's remarks could be construed as inciting the masses to harass and intimidate, which in his opinion violated the conditions for temporary release.

Following his testimony, the defence team submitted a motion to postpone the hearing on Yoswarit on grounds that the complainant had just submitted evidence, including an audio clip of Yoswarit's speech. The defence wanted to examine whether the clip was doctored before presenting rebuttals.

The presiding judges denied the defence motion on grounds the rally speeches were public records accessible to all sides.

Yoswarit then took the witness stand to testify in his defence. The gist of his statement was that the complainant was not an injured party in connection with his rally speech or his trial on terrorism, hence should not be entitled to question his compliance with bail conditions.

He recounted that he was a comedian before joining the red-shirt movement.

"It is natural that my remarks should mirror my sense of humour," he said, voicing his belief that he has the right to be critical of an independent organisation like the high court.

He said his supporters had given him the telephone numbers, which they found on the Internet. He distributed those numbers without verification.

He said he had realised his mistake and stepped on the rally stage to issue his apology before asking the red shirts not to call and harass the judges.

"I swear I will never do it again," he said, pleading for leniency.

He asked the court to grant leniency in order to allow him to continue serving the public in his position of assistant ministerial secretary at the Interior Ministry.

Testifying after Yoswarit was defendant Veera Musigapong. His main defence was that he had no involvement in the red-shirt rally that attacked the high court.

Jatuporn Promphan was the next defendant to testify. He told the court that each leader had free rein in rally speeches without having to consult or seek approval from one another.

He said in his speech, he just outlined his thoughts on how the high court had violated charter provisions by intervening in the legislative process to amend the charter.

After he and other red-shirt leaders filed a motion to impeach the judges, the rally dispersed without incident.

He said the high court had filed a police complaint accusing some 80 individuals of intimidation but left out his name.

He also said that in his speech, he might have used strong language to sway sentiment, but none of his words was meant to incite violence.

The remaining defendants told the court that they were not speakers at the rally in question.

-- The Nation 2012-08-10

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Court set to read verdict on bail revocation for 19 Red Shirt leaders on Aug 22

BANGKOK, Aug 10 - Thailand's Criminal Court on Thursday set Aug 22 as the date to read its verdict on revoking bail for 19 Red Shirt leaders, while another five ruling Pheu Thai Party MP cases were also deferred for consideration in November.

The Criminal Court consideration came because the Constitution Court earlier petitioned it seeking to revoke bail for former Pheu Thai party-list MP Jatuporn Prompan, after he criticised the Constitution Court's decision to review petitions against the government-sponsored Constitution amendment bills on June 7.

The Criminal Court postponed its decision on Mr Jatuporn's case until today, together with its consideration of similar cases of 23 Red Shirt leaders whose bail revocation was sought by the opposition Democrat Party and the Constitution Court, alleging them of violating bail conditions.

The Criminal Court earlier decided to postpone its hearings on withdrawing bail for five Red Shirt leaders who are Pheu Thai Party-list MPs until Nov 29 for fear that there could be legal problems as the five have parliamentary immunity.

The five leaders of the United Front for Democracy against Dictatorship (UDD) are Deputy Agriculture Minister Nattawut Saikua, Weng Tojirakan, Korkaew Pikulthong, Wiphuthalaeng Pattanaphumthai and Karun Hosakul.

The MP status of Mr Karun is uncertain as the court has not yet decided its position after receiving the Election Commission recommendation that he be disqualified for allegedly defaming the Democrat Party during his election campaign.

The five are among the 24 UDD leaders and activists facing bail withdrawal including Mr Jatuporn, Veerakan Musikapong, Kwanchai Sarakham (Praipana), Nisit Sinthuprai and Yossawaris Chuklom aka Jeng Dokchik.

For the case of Jeng Dokchik, Democrat Party MP Nipit Intarasombat, who filed the petition, has shown a video footage of the defendant announcing the charter court judges' names, their addresses and telephone numbers during a Red Shirt rally on June 7.

Mr Jeng's lawyer requested the court to postpone the hearing for his client, saying a video verification is needed to decide whether the footage was edited and distorted.

The court later agreed to postpone Mr Jeng’s hearing to Aug 22 at 9am, and will rule on the case together with those of the other 18 Red Shirt leaders at 3pm. (MCOT online news)

-- TNA 2012-08-10

[rubl]

He also said that in his speech, he might have used strong language to sway sentiment, but none of his words was meant to incite violence.

Very valid defence from k. Jatuporn. He could have added "Please don't take me literally, I mean even Dirty Harry got to say 'make my day'"

[khaowong1]

You and I both know that this clown dance will go on for as long as the PTP is in power. Nothing is ever going to stop this charade. This has got to be the joke government of the century. In any nation.

Edited August 10, 2012 by metisdead
: Please do not post using bold fonts, no need to shout.

[metisdead]

Some off topic posts and replies have disappeared.

[hellodolly]

You and I both know that this clown dance will go on for as long as the PTP is in power. Nothing is ever going to stop this charade. This has got to be the joke government of the century. In any nation.

I believe that what you say is true for many of them but to publicly give out judges phone number and address is not some thing any judge is going to condone.

I noticed that only 2 of them were wearing red shirts in the picture.

I really had to laugh at the defense on one saying

"He recounted that he was a comedian before joining the red-shirt movement"

No one ever accused a red shirt of being a Rhodes Scholar before joining the red shirt movement.

Just had to throw that in make of it what you will.

Edited August 10, 2012 by hellodolly

[kimamey]

Some off topic posts and replies have disappeared.

Well don't waste time looking for them. I'm sure there will be plenty more soon.