Constitutional Court decides to proceed with case against PM Yingluck: Thawil's transfer

[Old Man River]

Does anybody here seriously think that an election devoid of Yingluck, family etc will not still see a win for PTT or whatever they may call themselves if they are disbanded?

The Dems certainly have no chance so the only other option is what Suthep and his backers has been pushing for all along. Sadly the end of any form of democracy and the peoples council. The judiciary seem to be pushing as hard as possible for the latter.

YL is out and the next Thaksin clone is in. Democracy in Thailand fails again. It reminds some of us Americans of George Wallace and his family. We were all joking that next in would be his pet goldfish Martha.

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[HUAHIN62]

Let me get it right. A civil servant was transfered against his will and now its at the CC ? In how many countries can that happen ? Can it happen in the US, UK or EU, no it can't because its got nothing to do with the constitution. It's a matter between an employer (the gov) and the employee. But if you are desperate to get rid of your opposition you will do anything, won't you?

[tonypace02]

These people are so transparent they are making themselves appear to be morons. If someone filed a complaint against Yingluck for littering on the moon, the Constitutional Court would uphold the trial. It's a Kangaroo Court.

[Nickymaster]

LOL they are throwing everything brown against the wall hoping it will stick what a tangled web...

http://englishnews.thaipbs.or.th/charter-court-rejects-call-end-ms-yinglucks-premiership/

But hey when ya can't win an election according to the laws and the constitution it is incumbent to try any means possible...right? The old shotgun theory ...

I sincerely hope for all Thais they know what the alternative is... ...

You get elected, you abuse your power, you will be removed.

This can happen many times.

Something wrong with this form of democracy?

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[Thait Spot]

So the score must be something liked Constitutional Court 10 Government 0. Of course the court isn't take sides.

That shows how little you know.

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[rubl]

These people are so transparent they are making themselves appear to be morons. If someone filed a complaint against Yingluck for littering on the moon, the Constitutional Court would uphold the trial. It's a Kangaroo Court.

You mean because you assume the court is transparent, makes itself look like morons, you suggest a 'littering on the moon' complaint would lead to the court to 'uphold a trial'? Now let's assume, just hypothetically of course, but let's for a short moment just assume you were incorrect. Now that would invalidate the conclusion, wouldn't it?

For one, the transparency you suggest seems based on the assumption the CC is not only biased, but 'obviously' so. That assumption seems to 'blind you' somewhat. A complaint on 'Yingluck littering on the moon' would not be accepted and might even lead to the person complaining to be sentenced to a few months due to 'contempt of court'. The 'lunchbox' lawyers got such sentence, for instance

[rubl]

So the score must be something liked Constitutional Court 10 Government 0. Of course the court isn't take sides.

That shows how little you know.

Totally agree! The court takes sides, the side of the law that is.

[Arkady]

This case hinges on whether the dismissal occurred in pursuance of government polo that had been clearly articulated in the House or whether it was done in pursuit of personal interests.

Could go either way. The government can argue that it was in line with policy to do with security and the police and that there were putting the right pegs in the right holes. Against that there may be no record of a policy that was specific enough announce in Parliament that could cover the 3 transfers, if all are deemed part of a single plan. The is also the issue of the family relationship with Priewpan. At the time it seemed like a bit of a risky move. The Abhisit govt had a similar case as a result of removal of the police chief but didn't stay in office long enough to be unseated by it.

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[metisdead]

A post attributing a post to the wrong poster has been removed. Learn to use the quote function properly to remove any confusion in future as to who said what.

[marcusd]

Let me get it right. A civil servant was transfered against his will and now its at the CC ? In how many countries can that happen ? Can it happen in the US, UK or EU, no it can't because its got nothing to do with the constitution. It's a matter between an employer (the gov) and the employee. But if you are desperate to get rid of your opposition you will do anything, won't you?

it can,happen,in,other countries. In posts where a person holds high civil office. I cannot quote an exact sample but I,know in Australia it can be brought before the HIGH COURT (Thai cc equivalent) that a PRIME MINISTER can be impeached for tampering before tenure is due, with deserve bank,governor, head of armed forces, treasury, health heads and others.

We operate similar to UK so I guess you are wrong

Marcusd. Via tapatalk

[Bluespunk]

WhizBang, on 02 Apr 2014 - 15:14, said:

The sooner this entire bunch of criminals are behind bars, the better for Thailand.

And Abhiset, Leekpai, Suthep, and some of the others as well.

Lets not get bogged down here Folks, They did NOTHING (The Dems) for this country called Thailand over the last one or two decades (unelected btw), only to loose elections after elections, that, to most Thais was their highlight.

Nothing for the poor folks, and most of all a big FAT ZERO when they were controlling the South of Thailand, did they?

I voted for Maggie before I left UK in 79 and if I could vote in Thailand it would be for the only Party that signed me PR back in 2002, before I joined this forum.

The Dems never signed anyone to be a PR Holder, that was mentioned on this forum or was reported between 2006 (after The famous Coup) and thereafter in 2010 when they were in power. Only after that when an elected Party was voted in, did the PR's started to flow out.

Please correct me if I am wrong.

Win

Not sure why you keep inferring the dem party MPs are unelected. They were voted into that role the same as any other parties MPs.

P.S. thanks a bundle for voting in the wicked witch of the south and then sodding off. Some of us had to live under that nightmare of a govt.

Edited April 2, 2014 by Bluespunk

[Muhendis]

For those of you that keep rambling on about Judicial coup in the making or whatever, a coup is the sudden and illegal seizure of a government. From this definition it has to be an unpredictable event. Difficult to see how the justice departments can have a coup.

[tingtongteesood]

Since he was bumped to make way for a relative of the PM / Thaksin / the police chief / the army guy / the foreign minister etc etc. all part of the Shin clan, clearly it is a charge of nepotism and conflict of interests. The government should be here to serve the country, not the fugitive in Dubai. He has taken many steps to make the government serve him, now the courts are starting to take the country back. Good for them, this is their job, to protect the country against people like the Shin's. Just a shame it took so long to happen....

Edited April 2, 2014 by tingtongteesood

[pmugghc]

Let me get it right. A civil servant was transfered against his will and now its at the CC ? In how many countries can that happen ? Can it happen in the US, UK or EU, no it can't because its got nothing to do with the constitution. It's a matter between an employer (the gov) and the employee. But if you are desperate to get rid of your opposition you will do anything, won't you?

Why are you so lazy so you don't even read the news articles? In the 2nd one you can see the specific paragraphs in the constitution that have been violated.

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Edited April 2, 2014 by pmugghc

[GAZZPA]

I actually feel quite sorry for her. She is not and never has claimed to be a politician .

This Lady has been "used" by BB to provide photogenic cover to the evil organisation which managed from the desert !

What!? She is / was the Prime Minister of Thailand,, the highest level politician who was elected to run the country BUT she has never claimed to be a politician.

Then why is she there? There must be something in it for her,, i guess that can only be financial so don't feel sorry for her. She has done a terrible job, the country is in a mess and she has to take responsibility.

[Malone]

Ah, she was wrong to transfer Thawil

Yes, she was, and now she's being held accountable for her wrongful actions.

[Morch]

Who will make the decision to install a "peoples council" once Yingluck is impeached? Does she not elect a caretaker PM to replace her? The Constitutional courts or the Senate?

With all these cases against her, why don't they just stop messing around, and order her removed from power, and stop this impasse once and for all, and batten down the hatches for the possibility of Red shirt violence, and some here will more be inclined to think that's an inevitability, and they maybe right, but there's nothing positive about any future without a big brass balls decision to move forwards. You have to break a few eggs to make an omelette.

I don't think it's over if she's impeached (or forced to step down during the process) - rather, the deputy prime ministers take her place by order. That would mean Surapong first, not sure who's next.

They can't "order" her removed from power, so this will just have to play out.

[mrtoad]

Not a good day for The Desert Coward and his 300 odd thieves.

[Malone]

I actually feel quite sorry for her. She is not and never has claimed to be a politician .

This Lady has been "used" by BB to provide photogenic cover to the evil organisation which managed from the desert !

I find it hard to feel sorry for her. I know she has been used by BB. But her moral character was displayed when she lied to the SEC and committed perjury by testifying she did not hold 20 million Baht in shares on Thaksin's behalf. This alone should have disqualified her from becoming PM. Throughout her administration she has displayed the same contempt for the rule of law and the constitution.

A slight correction.

She had 20 millions shares.... Worth nearly a Billion Baht... In Shin Corp.

[Malone]

"The court demanded that Yingluck defend herself within 15 days."

Far too busy, can you make it 15 years???

thCrying.png

A judicial coup in the making. This is going to get very messy.

Please can you explain to me the difference between a judicial coup and being held to account and scrutinized for (at least at this point in time) allegedly illegal actions?

A judicial coup is when Shinawatras break the law with illegal actions and have to face charges.

Being held accountable is when anyone else breaks the law with illegal actions and have to face charges.

[metisdead]

A post containing Thai language has been removed. This is an English language forum, English is the only acceptable language, except within the Thai language forum, where of course using Thai is allowed.

[smedly]

I think the CT government should take up residence at the Court, as that is where they are going to be mostly for the next month or two as all their misdeeds are brought before the courts

[pauleddy]

I lack legal knowledge but answer me this...

If somebody is charged with a crime (murder, theft, corrupt practice etc...as both sides have been), why does the case not follow due process and go to court? Why are there so many charges and counter-charges? Abhisit has been charged with murder, as has Suthep. Yingluck has been charged with other stuff. If you face a serious charge, surely you are taken to court and prosecuted?

Oversimplistic? How can they stall?

if I were a murderer in the UK, I would be in jail. End of story.

eddy

[ianf]

WhizBang, on 02 Apr 2014 - 15:14, said:

The sooner this entire bunch of criminals are behind bars, the better for Thailand.

And Abhiset, Leekpai, Suthep, and some of the others as well.

Lets not get bogged down here Folks, They did NOTHING (The Dems) for this country called Thailand over the last one or two decades (unelected btw), only to loose elections after elections, that, to most Thais was their highlight.

Nothing for the poor folks, and most of all a big FAT ZERO when they were controlling the South of Thailand, did they?

I voted for Maggie before I left UK in 79 and if I could vote in Thailand it would be for the only Party that signed me PR back in 2002, before I joined this forum.

The Dems never signed anyone to be a PR Holder, that was mentioned on this forum or was reported between 2006 (after The famous Coup) and thereafter in 2010 when they were in power. Only after that when an elected Party was voted in, did the PR's started to flow out.

Please correct me if I am wrong.

Win

I am not sure that Leekpai should be dragged into the corruption issue.

[KRS1]

I actually feel quite sorry for her. She is not and never has claimed to be a politician .

This Lady has been "used" by BB to provide photogenic cover to the evil organisation which managed from the desert !

all she had to do was say no, even thaksin's wife pokemon divorced him (on paper atleast)...seems like she knew exactly what he had planned long ago.

[Old Man River]

LOL they are throwing everything brown against the wall hoping it will stick what a tangled web...

http://englishnews.thaipbs.or.th/charter-court-rejects-call-end-ms-yinglucks-premiership/

But hey when ya can't win an election according to the laws and the constitution it is incumbent to try any means possible...right? The old shotgun theory ...

I sincerely hope for all Thais they know what the alternative is... ...

You get elected, you abuse your power, you will be removed.

This can happen many times.

Something wrong with this form of democracy?

Sent from my iPhone using Thaivisa Connect Thailand mobile app

Yes, this form of democracy.

Sent from my iPad using Thaivisa Connect Thailand

[Basil B]

Charter court accepts petition seeking PM’s disqualification

BANGKOK: -- The Constitutional Court has accepted for consideration a petition filed by a group of senators seeking to disqualify caretaker Prime Minister Yingluck Shinawatra over the removal of Mr Thawil Pliensri as the chief of National Security Council over a year ago.

Meanwhile, the court rejected a petition filed by Centre for the Administration of Peace and Order director Chalerm Yubamrung seeking an end to the anti-government protests by the People’s Democratic Reform Committee claiming that the protests are illegal and not peaceful.

A group of 27 senators led by Paibul Nititawan claimed that the prime minister had violated articles 91 and 182 (7) of the Constitution by transferring Mr Thawil from the NSC to become an advisor at the Prime Minister’s Office to pave the way for Pol Gen Priewphan Damapong, brother of Khunying Pojaman na Pombejra, to be appointed as the new police chief replacing Pol Gen Wichien Potephosri.

If the court faults the prime minister of breaching the charter, she will have to lose the premiership and this means her entire cabinet will be dissolved automatically.

Source: http://englishnews.t...isqualification

-- Thai PBS 2014-04-02

"Meanwhile, the court rejected a petition filed by Centre for the Administration of Peace and Order director Chalerm Yubamrung seeking an end to the anti-government protests by the People’s Democratic Reform Committee claiming that the protests are illegal and not peaceful."

Of course we know who's thugs are attacking these peaceful protests with bullets and grenades.

Edited April 2, 2014 by Basil B

[GAZZPA]

I lack legal knowledge but answer me this...

If somebody is charged with a crime (murder, theft, corrupt practice etc...as both sides have been), why does the case not follow due process and go to court? Why are there so many charges and counter-charges? Abhisit has been charged with murder, as has Suthep. Yingluck has been charged with other stuff. If you face a serious charge, surely you are taken to court and prosecuted?

Oversimplistic? How can they stall?

if I were a murderer in the UK, I would be in jail. End of story.

eddy

Too true fella, I don't get it either. They are very serious charges and should be answered in court, of course they are innocent until proven to be guilty but I don't recall any arrests or court dates.

Money talks I guess, rampant corruption through the entire system at every level.

[kimamey]

LOL they are throwing everything brown against the wall hoping it will stick what a tangled web...

http://englishnews.thaipbs.or.th/charter-court-rejects-call-end-ms-yinglucks-premiership/

But hey when ya can't win an election according to the laws and the constitution it is incumbent to try any means possible...right? The old shotgun theory ...

I sincerely hope for all Thais they know what the alternative is... ...

I'm sure there is a political motivation behind this and that the PTP and it's supporters would do the same. Don't forget the immunity given to the army over the deaths in 2010 and the charges applied against Abhisit and Suthep. It's what happens in politics and you have to be very careful about it.

It's tough but hey when ya can't stop yourself breaking the laws and the constitution to get your mates the jobs you and they want that's the result.

[Dogmatix]

The Administrative Court's decision affirmed that Tawil's transfer was unlawful. Therefore, the petition was subsequently filed to the Constitutional Court. The fact that the petition was accepted unanimously by the court for review is indicative of the persuasive nature of the case from a constitutional point of view. Keep in mind that Tawil was transferred in 2011, shortly after Yingluck assumed office, because Thaksin wanted his friend Paradorn instead. By so doing, it breached constitutional protocol. It has taken two and a half years through the justice system to get to this stage, so it is certainly not recent. And because Tawil's case was affirmed to be an unlawful transfer, that is why this has come to this stage.

Correct but Paradorn onlly came into the picture later. Thaksin wanted to make his brother -in-law police chief, so he moved Thawil to an inactive post to free up an acceptable job for the police chief. After the former police chief retired, Paradorn was brought in to replace him as S-G of the NSC,