Probe into Constitutional Court ruling could spur crisis: Thai analysys

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NATION ANALYSIS
NACC stuck between a rock and a hard place
Opas Boonlom
The Nation

Probe into court ruling could spur crisis

BANGKOK: -- THE NATIONAL Anti-Corruption Commission (NACC) will play a crucial role in the ensuing legal battle following last week's ruling by the Constitutional Court on the charter amendment related to the Senate. And the opposition Democrat Party is expected to have an advantage in the legal fight.

After the court ruled that the process of carrying out the amendment and the amendment itself were unconstitutional, the Democrats filed an impeachment motion and criminal charges against the government. The government has retaliated by seeking impeachment and legal action against the judges who ruled in the amendment case.

However, the Democrats have an advantage in this legal battle, because the NACC is unlikely to reach a decision that the judges committed wrongdoing as they were obligated to hand down a judgement. Moreover, if the NACC did decide to indict the judges, it could face reprisals from the courts in the future.

A key point that needs to be |pondered in the legal battle is how binding the court's ruling is on the impeachment and criminal cases currently being handled by the NACC.

Academic and analyst Dr Wirapat Pariyawong has advised the NACC to base its decision on the facts rather than on the ruling, which he said was based on the judges' interpretation of the |charter.

"There are certain facts that the NACC needs to verify, such as those concerning the allegations that the draft bill was falsified and certain lawmakers used their peers' |electronic ID cards to vote on their behalf," Wirapat said.

He said the NACC would have to identify those MPs or senators who committed the offence and would have to prove also that the offence was committed intentionally.

Wirapat also voiced concerns about a possible political vacuum, if the NACC finds grounds to indict the lawmakers, because they would be immediately suspended from their duties.

In addition, those MPs and |senators facing indictment are not allowed to take part in any voting until the Senate votes on whether or not to impeach them.

"Suppose 50 senators who sponsored the amendment bill are suspended from duty following the NACC's decision, I think the remaining senators would start playing games once the impeachment motion [of the 50 suspended] reached the Senate," Wirapat said.

"The senators could potentially avoid the vote, so that a quorum could not be reached, and this would leave those MPs and senators in a state of suspension - resulting in a political vacuum."

Wirapat said the vacuum might force Prime Minister Yingluck Shinawatra to dissolve the House and call a snap election, although she might be hesitant to do so.

The latest survey taken by the Pheu Thai itself, shows that its support among northeastern voters has declined by about one million, due to voter dissatisfaction over a number of issues. So, although the Pheu Thai would likely win a snap |election, it would not have an overwhelming majority, and this could provide the Democrats with the opportunity to lobby smaller parties to form a coalition.

Wirapat, therefore, believes a political impasse may ensue if a large number of MPs and senators were suspended from duty following the NACC's probe.

He explained that Yingluck would not dare to resign either, because if she did, the Democrats would have a chance to fight for the premiership.

Assoc Prof Assadang Panikabutr, former dean of Ramkhamhaeng University's Faculty of Political Science, urged the NACC to reject complaints on both sides, saying the legal battle would cause turmoil within the country.

"The NACC can return peace to the country by not basing its |decision on the law alone. I think complaints on both sides should be rejected," he said.


-- The Nation 2013-11-25

[Thai at Heart]

What do they mean "could"?

[ramrod711]

"The NACC can return peace to the country by not basing its |decision on the law alone. I think complaints on both sides should be rejected," he said.

Never mind the merit of the complaints, do the easy thing, let everyone involved slide, unbelievable!

[Spare]

I am already waiting for freebie in the next election. Free motorcycle for all young people between the age of 18 to 55 perhaps.

[robertson468]

"The NACC can return peace to the country by not basing its |decision on the law alone. I think complaints on both sides should be rejected," he said.

The advice of one of the foremost Academics in Thailand on politics is......................bury your heads in the sand. Unbelievable!

[rubl]

Can someone explain to me how a lawmaker can vote more than once and not have done so intentionally?

[Aussie Paul]