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Senators Petition Court To Oust Thaksin


Jai Dee

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Senators petition court to oust Thaksin

Members of the Senate yesterday took the first official steps to force Prime Minister Thaksin Shinawatra from office, petitioning the Constitutional Court to decide whether he violated the Constitution by illegally concealing his assets.

A group of 28 senators, led by Kaewsun Atibodhi, submitted a petition to Senate Speaker Suchon Chaleekrua for delivery to the court. In the brief, the senators charge that Thaksin knowingly violated Article 209 of the charter by using proxies to conduct his personal financial affairs.

The group, who comprise the requisite 10 percent of the Senate needed to petition the court, accuse Thaksin of masterminding and personally profiting from last month’s multibillion baht sale of his family’s telecommunications company, Shin Corp.

If the court finds that Thaksin hid his assets he could potentially be removed from office.

Under Article 209, no member of the executive branch may own more than five percent of a company without declaring his holdings to the National-Counter Corruption Commission.

“We propose that Thaksin is no longer eligible because he has not severed his business ties and is still benefiting from them,” Kaewsun told ThaiDay. “Basically, we are saying that he is still the owner of Shin Corp and did not truly wash his hands of it as he claimed.”

“According to article 209 of the Constitution it means that he has a conflict of interest. And this is a legal case to prove whether [Thaksin] has lost the validity of his office or not,” the senator said.

Aside from a no-confidence motion passed by the House of Representatives, a Constitutional Court verdict is the only other legal channel to oust a minister.

“It is a legal power and it is not about impeaching him,” Kaewsun said. “The Constitutional Court will determine whether he still has the merits to retain a political position.”

Kaewsun said Thaksin had intentionally deceived the public by failing to fully abandon his business interests.

“The Constitution demands that political office holders either throw away those business interests or place them under the care of an independent trust.

“Thaksin claims to have transferred [the Shin Corp shares] to his children but in reality it is doubtful whether he did or was actually still the one influencing and making decisions.”

Kaeson said he and his colleagues have documentary proof that Thaksin violated the law.

“We can prove that he was meddling in the company’s affairs and this is forbidden,” Kaewsun said. “He did not renounce his powers over Shin Corp… I can prove he concealed his assets and more.”

“If it is proven by the court then he will be forced to leave.”

According to another Bangkok senator, Seree Suwanpanont, the perceived wrongdoing surrounding the Shin Corp deal has unleashed the public’s anger after months of other corruption allegations.

“It is about the pressure over several issues that has blown up at the same time.”

Meanwhile, the open letter initiated by Thammasat lecturers on Wednesday is rapidly gaining signatures.

“Many groups are joining the movement set in action by the letter,” said Chaiwat Suravichai, who in October 1973 led the student protests against the government. “Pro-democracy groups and social activists also agree that Thaksin has lost all legitimacy to govern.”

Source: ThaisDay - 3 February 2006 22:03

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