Bearing the brunt of Pheu Thai's judicial difficulties

[webfact]

EXCLUSIVE INTERVIEW
Bearing the brunt of Pheu Thai's judicial difficulties
Hataikarn Treesuwan,
Attayuth Bootsripoom,
Kornchanok Raksaseri
The Nation


Phongthep Thepkanchana

Phongthep a key player for govt amid rows over bill, policies

BANGKOK: -- At a time when effective legal strategy is vital for the government's survival, Deputy Prime Minister Phongthep Thepkanjana is without doubt Pheu Thai Party's most valuable legal resource. A former judge and justice minister and ex-chief whip for the government, Phongthep is one of former-premier Thaksin Shinawatra's most trusted aides.

He was in the first group of 111 executives given a post once the five-year ban on political activity was lifted. While he lost the education portfolio in the latest reshuffle, he kept his post as a deputy PM, enabling him to better focus on the government's legal battles.

Phongthep is positive that he can resolve legal hurdles the Yingluck government faces, although he has admitted his job as a legal specialist has got much more difficult. "In those days, legal experts would pretty much know the results of their court battles. Nowadays, the accuracy of our predictions [on a favourable verdict] is less, because court verdicts don't conform to our predictions, which are based on our legal knowledge,'' he said.

"For instance, we were confident of our victory but we were puzzled by the court verdict in the Thai Rak Thai party dissolution case, in which judges applied a retroactive clause to their ruling,'' he said.

Phongthep cited the government's recent setback when the Central Administrative Court suspended the Bt350-billion water-management project, pending compulsory environmental impact and health assessments, and a public hearing, before contracts can be signed.

He said that concerned state agencies were not given the chance to defend the project, except during an emergency hearing. "They could have argued in court that it was impossible to conduct a public hearing, as they didn't know when or where the project was going to be launched,'' he said.

Public prosecutors are still deciding whether to appeal the court's ruling on the water-scheme. Meanwhile, the government will conduct a general public hearing on the project next month. Contracts are being drafted and will be done in three months.

Phongthep believes the government will continue to face "legal deadlock" if it continues to circumvent legal procedures, but declined to say if there were any deadlocked cases which threatened the government's future.

"What the country needs most is 'fair referees'. All the people concerned should understand that their role is to help our country along the path to becoming a true legal state,'' he said. Government whips, he said, would be giving priority to three important laws when the House reconvenes on August 1 - the 2014 fiscal budget bill, the Bt2-trillion loan bill and an amnesty bill.

Phongthep was reluctant to say which of the three would be tabled first, but all three could have an adverse impact on the government's position.

The deputy PM declined to comment and looked tense when asked if an Executive Decree would be used as a shortcut to assist Thaksin - as revealed in a controversial audio clip. It feature a conversation between two men, one of which was Thaksin, according to Panthongtae, his son. The other was allegedly Deputy Defence Minister Yuthasak Sasiprapha. Pressed to comment, Phongthep said: "I have not heard about this executive decree.''

Asked to also comment on whether the government planned to fast-track the charter amendment now the amnesty bill had met a stumbling block, Phongthep said: "The government must, no matter what, follow the rule of law."


-- The Nation 2013-07-15

[ChrisY1]

Phongthep said: "The government must, no matter what, follow the rule of law."

[NongKhaiKid]

Let's try balancing all the nice, right things to say from him especially about following the rule of law with the sentence pointing out he one of Thaksin's " most trusted " aides. A bit of a contradiction ?

[chainarong]

What Phongthep needs is a good dose of reality , the judges could see through the façade of deceit and lies long before the ink was dry, not everyone is blind , brain dead or a red neck supporter, to question , is the basic's of democracy , so if the PTP is hurting , get out of the kitchen, you have no place in running the country. as for following the rule of law , pity you don't practice what you preach.

[jaidam]

He must have found Thaksin's not guilty verdict in his asset concealment case very puzzling then. You remember the case, when he hid some of his vast assets in his maid and chauffers names and the court found it to be an honest mistake.

[Bellweather]

If it wasn't so serious it would be hysterical listening to PTP officials talk about the rule of law, national interests and so on as it comes from the puppets of a man who has never done anything in accordance with any other concepts than his own.

[jaidam]

My tolerance with these blantant liars has worn thin. For offending our sensibilities on a daily basis they should be hung, drawn and quartered. The problem with that is there would be nothing left to tar and feather. Shame.

[Bellweather]

He must have found Thaksin's not guilty verdict in his asset concealment case very puzzling then. You remember the case, when he hid some of his vast assets in his maid and chauffers names and the court found it to be an honest mistake.

Remember the Constitutional Court judge whose vote carried the majority not guilty later said he thought Thaksin was guilty but decided to give him a chance since he was PM. That isn't following the rule of law except the unwritten version here.

[jaidam]

He must have found Thaksin's not guilty verdict in his asset concealment case very puzzling then. You remember the case, when he hid some of his vast assets in his maid and chauffers names and the court found it to be an honest mistake.

Remember the Constitutional Court judge whose vote carried the majority not guilty later said he thought Thaksin was guilty but decided to give him a chance since he was PM. That isn't following the rule of law except the unwritten version here.

Yes, and just look at the mess that followed. Thaksin had no right to be PM in the first place as the convicted crim that he was(apart from that 1 judge that admitted giving a dicky verdict).

[whybother]

We can't tell the public what we are doing because we haven't decided when or where the project will be launched ... But we can borrow money to pay for it.

Sent from my HTC Desire HD A9191 using Thaivisa Connect Thailand mobile app

[reiltin]

The apple never falls far from the tree...

"Nowadays, the accuracy of our predictions [on a favourable verdict] is less, because court verdicts don't conform to our predictions"- says it all really,as a man of torts perhaps he should know all cases are reasoned by evidence,proof of illegality and in Thailands case judges sole arbitration(leave the predictions to your palmist)And as for little T Some may remember Thaksin Jr getting thrown out of Ramkangheng universities exam room for cheating in his political science test-a worthy successor!

[NongKhaiKid]

The apple never falls far from the tree...

"Nowadays, the accuracy of our predictions [on a favourable verdict] is less, because court verdicts don't conform to our predictions"- says it all really,as a man of torts perhaps he should know all cases are reasoned by evidence,proof of illegality and in Thailands case judges sole arbitration(leave the predictions to your palmist)And as for little T Some may remember Thaksin Jr getting thrown out of Ramkangheng universities exam room for cheating in his political science test-a worthy successor!

Don't forget a senior female member of staff laughed it off with some lame comment about nothing really wrong with cheating.

There was lots of outrage but I can't recall if she lost her job, hardly likely.

[borisloosebrain]

If I had the sort of money that Phongthep and his mega bucks Missus had I'd chuck in my job and go traveling

[Bluespunk]

Phongthep is positive that he can resolve legal hurdles the Yingluck government faces, although he has admitted his job as a legal specialist has got much more difficult. "In those days, legal experts would pretty much know the results of their court battles. Nowadays, the accuracy of our predictions [on a favourable verdict] is less, because court verdicts don't conform to our predictions, which are based on our legal knowledge,'' he said.

Damn that independent judiciary that follows the rule of law and not our whims. If only we had some sort of militia we could use to threaten them with into doing our bidding, no wait, hang on,-----

Edited July 15, 2013 by Bluespunk

[Ricardo]

My tolerance with these blantant liars has worn thin. For offending our sensibilities on a daily basis they should be hung, drawn and quartered. The problem with that is there would be nothing left to tar and feather. Shame.

In the glorious yet-to-come Red-future, there will also be the option to have malefactors run-out-of-town on-a-High-Speed-rail, once it's been built of course ?

But it is good to hear a DPM insist that the government will follow the rule of law, even though they make the law, of course.

It's better than merely walking away, leaving reporters standing, with their questions unanswered.

Edited July 15, 2013 by Ricardo

[OzMick]

'...state agencies were not given the chance to defend the project, except during an emergency hearing."

The opposition were not given the chance to criticise the project, because it was enacted through emergency funding.

If they ever intended obeying with Thai law, they have had 2 years to hold hearings. If the projects are "emergency" they can hardly bitch when the hearings are expedited.

[CrisRMenumate]

'...state agencies were not given the chance to defend the project, except during an emergency hearing."

The opposition were not given the chance to criticise the project, because it was enacted through emergency funding.

If they ever intended obeying with Thai law, they have had 2 years to hold hearings. If the projects are "emergency" they can hardly bitch when the hearings are expedited.

Exactly... they ramrodded approval of the funds by emergency decree and now 2 years later so called emergency funds are still waiting to be used for the emergency of 2 years ago...

[Baerboxer]

'...state agencies were not given the chance to defend the project, except during an emergency hearing."

The opposition were not given the chance to criticise the project, because it was enacted through emergency funding.

If they ever intended obeying with Thai law, they have had 2 years to hold hearings. If the projects are "emergency" they can hardly bitch when the hearings are expedited.

Exactly... they ramrodded approval of the funds by emergency decree and now 2 years later so called emergency funds are still waiting to be used for the emergency of 2 years ago...

Hmmm - wonder how much has actually been used for "other essential purposes" by now.

I guess you can do that, when you're a democratically elected government.

[khunken]

Quote:

He said that concerned state agencies were not given the chance to defend the project, except during an emergency hearing. "They could have argued in court that it was impossible to conduct a public hearing, as they didn't know when or where the project was going to be launched,'' he said.

This guy is a former judge? He certainly hasn't a clue about presenting or arguing a case. It's pretty clear that his 'closeness to Thaksin' got him his position & not his 'legal mind'.

[drdoom6996]

Phongthep said: "The government must, no matter what, follow the rule of law."

And if they can't, just change the law like brother Taksin!!!!!

[bigbamboo]

If I had the sort of money that Phongthep and his mega bucks Missus had I'd chuck in my job and go traveling

A few months in this job and he'll be able to afford his own plane.

[mikemac]

'...state agencies were not given the chance to defend the project, except during an emergency hearing."

The opposition were not given the chance to criticise the project, because it was enacted through emergency funding.

If they ever intended obeying with Thai law, they have had 2 years to hold hearings. If the projects are "emergency" they can hardly bitch when the hearings are expedited.

Exactly... they ramrodded approval of the funds by emergency decree and now 2 years later so called emergency funds are still waiting to be used for the emergency of 2 years ago...

Hmmm - wonder how much has actually been used for "other essential purposes" by now.

I guess you can do that, when you're a democratically elected government.

Or - I guess you can do that, when you paid good money for the votes that got you into power.

[indyuk]

Phongthep is positive that he can resolve legal hurdles the Yingluck government faces, although he has admitted his job as a legal specialist has got much more difficult. "In those days, legal experts would pretty much know the results of their court battles. Nowadays, the accuracy of our predictions [on a favourable verdict] is less, because court verdicts don't conform to our predictions, which are based on our legal knowledge,'' he said.

dam_n that independent judiciary that follows the rule of law and not our whims. If only we had some sort of militia we could use to threaten them with into doing our bidding, no wait, hang on,-----

You seem to be sailing to close too the wind. Watch out for squalls.

Edited July 16, 2013 by indyuk

[Thai at Heart]

On the news today, Sam raimsay just got a pardon in Cambodia against his politically motivated charges.

I can see what Thaksin is going to say about that...