Constitution Court To Decide Yongyuth's Fate: Thai Analysis

[webfact]

ANALYSIS

Constitution Court to decide Yongyuth's fate

Somroutai Sapsomboon

The Nation

BANGKOK: -- A decision on whether the 2007 Exoneration Act can be used to grant Deputy Prime Minister Yongyuth Wichaidit total absolution now lies in the hands of the Constitution Court.

One side argues that Yongyuth should keep his Cabinet seat and MP status because he has already been pardoned by the 2007 Act, while the Opposition says he is not eligible for it because he was punished after the Act was enacted and committed the wrongdoing well before 2007.

The side supporting Yongyuth cited two previous cases to back its call for leniency, but upon studying these cases, The Nation has learned that they are very different from Yongyuth's case.

The first case, cited by the Interior Ministry, was based on the 1983 Exoneration Act.

In 1983, the Interior Ministry asked the Council of State if officials of the civil-service committee that decided to fire certain officials before the 1983 Act was enacted, but issued the firing orders after the Act came into effect, would be exonerated? The Council of State replied that the officials in question were entitled to leniency.

However, this example does not apply to Yongyuth because the Interior Ministry's Civil Service Committee did not decide to expel Yongyuth before the 2007 Act was enacted, but only decided to expel him on September 14 this year.

The second case cited was that of Science Minister Plodprasob Surassawadee, who was also granted amnesty based on the 2007 Act.

As per a letter written to the PM by Civil Service Commission secretary-general Nonthikorn Kanchanajitra, Plodprasob was granted amnesty under Article 6 of the 2007 Act, but Yongyuth's case falls under Article 5.

As per Article 6, an official who commits disciplinary offences will not face additional disciplinary action or penalties if his or her supervisor decides to terminate the case or drop the penalties before or on the same day the 2007 Act was enacted.

Plodprasob faced disciplinary probe for letting the Sri Racha Tiger Zoo send 100 tigers to China while he was director-general of the Royal Forest Department. The disciplinary panel, led by Tiphawadee Meksawan, concluded that Plodprasob did not commit any disciplinary offence and later, then-premier Thaksin Shinawatra, ordered that the case be dismissed.

However, the case was later investigated by the National Anti-Corruption Commission and it concluded on August 9, 2007, that Plodprasob had indeed committed severe disciplinary offence. Then the civil-service panel at the PM's Office decided on December 13, 2007 to expel Plodprasob from the Royal Forest Department retroactively and then-PM Surayud Chulanond signed an order on December 15, 2007, firing him from government service.

"At the time, the Act had only just come into being and initially some people said Plodprasob was eligible to pardon as per Article 5, but later his case benefited from Article 6," a source close to the Science Minister said.

Meanwhile, the side opposing Yongyuth's exoneration cited the case of Pol Maj-General Piraphan Premputi, former secretary-general of the Anti-Money Laundering Office (AMLO), and his deputy Pol Colonel Sihanart Prayoonrat. The two faced disciplinary probe for unlawfully investigating personal banking transactions of about 200 journalists, members of non-governmental organisations and opposition politicians.

NACC commissioner Wicha Mahakhun said this case was similar to that of Plodprasob's because the two AMLO members were granted leniency under Article 6 of the 2007 Act because a disciplinary panel concluded that the two had not done anything wrong, and Thaksin dismissed the case in 2002.

Then on August 30, 2009, NACC concluded that Piraphan and Sihanart had committed malfeasance, as well as criminal and disciplinary offences. However, they could not be punished because they had been exonerated by the 2007 Act.

Despite the many theories, the final say in Yongyuth's case still lies with the Constitution Court.

-- The Nation 2012-09-27

[asiawatcher]

Love this ...

The Exoneration Act of 2003

Yongyuth claims he was granted amnesty in 2007

Constable Plod was granted amnesty 2007 for his dirty dealings

And the killing statement that proves guilt ...

"...a disciplinary panel concluded that the two had not done anything wrong, and Thaksin dismissed the case in 2002."

Your honour I rest my case. There can be no charges because all crimes committed are immune to prosecution under Thaksin law.

[fareastguy]

Thai law beggars belief, their is NO true justice system!

A serious crime or serious case of gross misconduct is committed, a verdict & punishment is handed down, then comes the wriggling:

Pardons, exoneration's, amnesties, leniency & case dismissals, my god just how many ways are there for the elite to get off the hook?

A true democratic country believes & upholds the principle that NO ONE is above the law.

Thailand has a lot to learn, it will never prosper while these criminals are protected by the state & continue to run the country.

Thailand is slipping into obscurity & being overtaken by third world countries while they squabble amongst themselves.

Soon Thailand will be a nation filled by beggars & thieves, the latter being in charge with the rest on the streets without work.

Thai society will suffer the most with it's next generations lacking in social skills & morality.

Children learn from 3 main sources:

1) Parents

2) Peers

3) By example

Unfortunately these are in most cases sadly lacking from their adolescent education.

While other countries learn from history & past mistakes they strive to take new steps & make the correct decisions to move forward as a nation

Thailand keeps making the same errors of judgement & will ultimately suffer the harshest penalty of all!!

[AleG]

I guess this answers the How Serious is the Thai Government About Corruption? question.

They may go after some petty corruption by someone not in the gang, but they'll protect their corrupt buddies like a mama bear her cubs.

[Robby nz]

Meanwhile, the side opposing Yongyuth's exoneration cited the case of Pol Maj-General Piraphan Premputi, former secretary-general of the Anti-Money Laundering Office (AMLO), and his deputy Pol Colonel Sihanart Prayoonrat. The two faced disciplinary probe for unlawfully investigating personal banking transactions of about 200 journalists, members of non-governmental organisations and opposition politicians.

Loved that bit, seems that AMLO officials get sacked for investigating money laundering.

[Nickymaster]

Love this ...

The Exoneration Act of 2003

Yongyuth claims he was granted amnesty in 2007

Constable Plod was granted amnesty 2007 for his dirty dealings

And the killing statement that proves guilt ...

"...a disciplinary panel concluded that the two had not done anything wrong, and Thaksin dismissed the case in 2002."

Your honour I rest my case. There can be no charges because all crimes committed are immune to prosecution under Thaksin law.

"Why the immense campaign against a rewritten constitution that would restore Rule of Law instead of Rule by Law? Status Quo anybody? Thaksin is a convenient hate figure to distract attention whilst everybody else in the old amart jockey for position" by TheKrayTriplet

Edited September 27, 2012 by Nickymaster

[jonclark]

Thai law beggars belief, their is NO true justice system!

A serious crime or serious case of gross misconduct is committed, a verdict & punishment is handed down, then comes the wriggling:

Pardons, exoneration's, amnesties, leniency & case dismissals, my god just how many ways are there for the elite to get off the hook?

A true democratic country believes & upholds the principle that NO ONE is above the law.

Thailand has a lot to learn, it will never prosper while these criminals are protected by the state & continue to run the country.

Thailand is slipping into obscurity & being overtaken by third world countries while they squabble amongst themselves.

Soon Thailand will be a nation filled by beggars & thieves, the latter being in charge with the rest on the streets without work.

Thai society will suffer the most with it's next generations lacking in social skills & morality.

Children learn from 3 main sources:

1) Parents

2) Peers

3) By example

Unfortunately these are in most cases sadly lacking from their adolescent education.

While other countries learn from history & past mistakes they strive to take new steps & make the correct decisions to move forward as a nation

Thailand keeps making the same errors of judgement & will ultimately suffer the harshest penalty of all!!

Couldn't agree more.

But if you look at Thailands history it always has been a two tier (cast) social system. This social system is so entwined with Thai culture that it is virtually impossible for Thailand to move away from it, without giving up an essential piece of their 'Thainess' - Patronage.

Until the country is ready for that huge cultural shift away from historical traditions, Thainess will forever hold Thailand back as laws will continue to be enforced and acted on according to social status.Inherent to this 'legal social selectivness' is that equality (i.e equal opportunity to education, jobs, healthcare etc.) will remain a distant and dim dream, as the same groups of people feed from the trough of gluttony, whilst the majority remain entrenched in poverty, begging for baht.

Edited September 27, 2012 by jonclark

[Thai at Heart]

As per Article 6, an official who commits disciplinary offences will not face additional disciplinary action or penalties if his or her supervisor decides to terminate the case or drop the penalties before or on the same day the 2007 Act was enacted.

Which legal mastermind came up with this one. Isn't this akin to enabling corruption? Is there a difference between a disciplinary offence and breaking the law?

[Thai at Heart]

Thai law beggars belief, their is NO true justice system!

A serious crime or serious case of gross misconduct is committed, a verdict & punishment is handed down, then comes the wriggling:

Pardons, exoneration's, amnesties, leniency & case dismissals, my god just how many ways are there for the elite to get off the hook?

A true democratic country believes & upholds the principle that NO ONE is above the law.

Thailand has a lot to learn, it will never prosper while these criminals are protected by the state & continue to run the country.

Thailand is slipping into obscurity & being overtaken by third world countries while they squabble amongst themselves.

Soon Thailand will be a nation filled by beggars & thieves, the latter being in charge with the rest on the streets without work.

Thai society will suffer the most with it's next generations lacking in social skills & morality.

Children learn from 3 main sources:

1) Parents

2) Peers

3) By example

Unfortunately these are in most cases sadly lacking from their adolescent education.

While other countries learn from history & past mistakes they strive to take new steps & make the correct decisions to move forward as a nation

Thailand keeps making the same errors of judgement & will ultimately suffer the harshest penalty of all!!

Couldn't agree more.

But if you look at Thailands history it always has been a two tier (cast) social system. This social system is so entwined with Thai culture that it is virtually impossible for Thailand to move away from it, without giving up an essential piece of their 'Thainess' - Patronage.

Until the country is ready for that huge cultural shift away from historical traditions, Thainess will forever hold Thailand back as laws will continue to be enforced and acted on according to social status.Inherent to this 'legal social selectivness' is that equality (i.e equal opportunity to education, jobs, healthcare etc.) will remain a distant and dim dream, as the same groups of people feed from the trough of gluttony, whilst the majority remain entrenched in poverty, begging for baht.

But it is astonishing, they can basically make "breaking the law" disappear in a puff of smoke. Take the AMLO guys, how do you illegally investigate bank transactions. Presumably, you have to get some kind of court order, or didn't they? If they didn't, they committed an offence. The legalese in this country is so ridiculous, the legal procedures for doing something just seems to be made up on a whim.

No wonder Thaksin is pissed off he got caught, since it appears that the civil service code of conduct bears no relation to actually operating within the law, and if you break the law, your boss can simply exhonerate you?

What a mess of a system.

[jonclark]

Thai law beggars belief, their is NO true justice system!

A serious crime or serious case of gross misconduct is committed, a verdict & punishment is handed down, then comes the wriggling:

Pardons, exoneration's, amnesties, leniency & case dismissals, my god just how many ways are there for the elite to get off the hook?

A true democratic country believes & upholds the principle that NO ONE is above the law.

Thailand has a lot to learn, it will never prosper while these criminals are protected by the state & continue to run the country.

Thailand is slipping into obscurity & being overtaken by third world countries while they squabble amongst themselves.

Soon Thailand will be a nation filled by beggars & thieves, the latter being in charge with the rest on the streets without work.

Thai society will suffer the most with it's next generations lacking in social skills & morality.

Children learn from 3 main sources:

1) Parents

2) Peers

3) By example

Unfortunately these are in most cases sadly lacking from their adolescent education.

While other countries learn from history & past mistakes they strive to take new steps & make the correct decisions to move forward as a nation

Thailand keeps making the same errors of judgement & will ultimately suffer the harshest penalty of all!!

Couldn't agree more.

But if you look at Thailands history it always has been a two tier (cast) social system. This social system is so entwined with Thai culture that it is virtually impossible for Thailand to move away from it, without giving up an essential piece of their 'Thainess' - Patronage.

Until the country is ready for that huge cultural shift away from historical traditions, Thainess will forever hold Thailand back as laws will continue to be enforced and acted on according to social status.Inherent to this 'legal social selectivness' is that equality (i.e equal opportunity to education, jobs, healthcare etc.) will remain a distant and dim dream, as the same groups of people feed from the trough of gluttony, whilst the majority remain entrenched in poverty, begging for baht.

But it is astonishing, they can basically make "breaking the law" disappear in a puff of smoke. Take the AMLO guys, how do you illegally investigate bank transactions. Presumably, you have to get some kind of court order, or didn't they? If they didn't, they committed an offence. The legalese in this country is so ridiculous, the legal procedures for doing something just seems to be made up on a whim.

No wonder Thaksin is pissed off he got caught, since it appears that the civil service code of conduct bears no relation to actually operating within the law, and if you break the law, your boss can simply exhonerate you?

What a mess of a system.

I think you summed up the mess with the current social system nicely with ' ....if you break the law your boss can simply exonerate you."

[ramrod711]

BANGKOK: -- A decision on whether the 2007 Exoneration Act can be used to grant Deputy Prime Minister Yongyuth Wichaidit total absolution now lies in the hands of the Constitution Court.

Fortunately, I believe we can expect several hundred red shirts to assist the court in reaching the proper verdict.

Perhaps they could reveal the judges phone numbers and addresses, no wait, they already did that.

[khunken]

Meanwhile, the side opposing Yongyuth's exoneration cited the case of Pol Maj-General Piraphan Premputi, former secretary-general of the Anti-Money Laundering Office (AMLO), and his deputy Pol Colonel Sihanart Prayoonrat. The two faced disciplinary probe for unlawfully investigating personal banking transactions of about 200 journalists, members of non-governmental organisations and opposition politicians.

Loved that bit, seems that AMLO officials get sacked for investigating money laundering.

I'm afraid the context for the AMLO 'investigation' wasn't mentioned.

This happened when Thaksin was at the apex of his corrupt dealings. He ordered the AMLO people to illegally investigate the bank accounts of those trying to bring him to account. In other words it was a vindictive move by Thaksin to 'shoot the messengers' by using the AMLO & the two senior policemen mentioned were scapegoats.