Thawil case could force Yingluck's exit

[webfact]

ANALYSIS
Thawil case could force Yingluck's exit
Somruethai Sapsomboon

Political vacuum looms as cabinet faces dismissal if court rules in favour of petition

BANGKOK: -- THE LATEST legal challenge against embattled caretaker Prime Minister Yingluck Shinawatra could lead to her dismissal and the removal of the entire Cabinet from office.

The threat results from the Constitutional Court's decision yesterday to proceed with a case against the prime minister over an alleged conflict of interest in her removal of security tzar Thawil Pliensri.

The Constitutional Court accepted for consideration a petition filed by a group of senators accusing Yingluck of abusing her power to dismiss National Security Council chief Thawil. The petition was based on the Supreme Administrative Court's ruling that the transfer of Thawil to the position of prime minister's adviser was unlawful.

The senators accused her of removing Thawil to pave the way for one of her relatives, Pol General Priewpan Damapong, to take the position of police chief.

Legal experts expect the court won't take long to come to a verdict on the case. The court has demanded that Yingluck defend herself within 15 days, but she will certainly ask for an extension.

Political observers say the case could deliver a fatal legal blow to Yingluck and her caretaker government, because if she is found guilty of breaching the Constitution, she will lose the premiership automatically and her entire Cabinet could be removed too.

Observers believe the court is likely to rule against her based on the Supreme Administrative Court's verdict that the transfer of Thawil to the position of prime minister's adviser was unlawful.

Yingluck is likely to face the same fate as late prime minister Samak Sundaravej, who was purged from office in 2008 after the Constitutional Court ruled he had violated the Constitution by accepting payments to appear on cooking TV shows while in office. As a result of the decision against Samak, his entire Cabinet was also required to step down.

Citing the charter's Articles 172 and 173, the senators' petition says the House of Representatives should approve a suitable person as prime minister within 30 days of the premier being disqualified.

If the court rules against Yingluck, it would lead to a political vacuum, because the country currently has no House of Representatives. So, if Yingluck and the Cabinet are removed as a result of the verdict, the country would have no government.

Such a political vacuum would offer an upper hand to the anti-government protesters, who want her to step down to make way for an unelected government.

There remains, however, no clear legal answer as to how to install a new government without a House of Representatives. The current charter requires that the House approve the premier, who must be an elected MP. The government could argue by citing Article 181 of the Constitution that the outgoing Cabinet must remain in office until a new government is sworn in.

Caretaker Education Minister Chaturon Chaisang said the latest legal salvo against Yingluck would likely hit her sooner than other cases handed down by the anti-graft body. The National Anti-Corruption Commission (NACC) is considering charges of dereliction of duty against Yingluck in the loss-making rice-pledging scheme. If indicted, she would have to suspend her duties while the Senate decides whether to impeach her.

"There is a 50-per-cent possibility that the government could be toppled this month," he said.


-- The Nation 2014-04-03

[jonclark]

"There is a 50-per-cent possibility that the government could be toppled this month," he said.

It's this sort of comment that is at the root of this long running political storm which has engulfed Thailand. The government is not being toppled. The government is being held to account and being scrutinized, as all governments should be and at least in the majority of countries are! and in this case the Yingluck government, will as a result of that scrutiny in all likelyhood be found to have broken fundamental laws and be removed.

A government can't break the law it is entrusted to uphold and expect to maintain its position.

It would appear that the government toppled itself through sheer arrogance and a misplaced sense of superiority over the law.

[chainarong]

Is this another Shinawatra attempt to remove any one who opposes the PTP, as the brother did so successfully, all fingers point in this direction , but what Minister was in direct control of this department and subsequent recommendation to the Prime Minister for Thawil's removal, C.T. P.M. Yingluck could be set up as the fall guy in this one, one never knows with the PTP, the party you can trust.

[rametindallas]

Poor Thaksin. So many decisions and so little time. 15 days to defend against this case and witnesses in the negligence case to testify before Songkran. Need.More.Lawyers. Which case will cause baby sis to lose the PM's chair first? The negligence of duty in the rice scheme or this case. Its all happening so quick. Will the courts continue to prosecute her once she is out of office on when she is out of the country?

He thought in December, "I'll just have Yingluck dissolve the Lower House, hold snap elections that I'm guaranteed to win, get a new mandate from the 'People' and continue as before". My, how circumstances have changed. Too many shortcuts to get things done (CEO way and not government way), too many illegal processes, too much corruption to keep within limits, and now, too many chickens coming home to roost and not enough power to stop them. Woe to poor Thaksin; no sleep for him.

[ikke]

Could force exit .

Yes, but in that case elections will be the next step, so Suthep will lose also, nut such a bad idea.

[bangkokheat]

redshirts will resolve the problem

[MaxLee]

redshirts will resolve the problem

yep, my friend, by force

[WhizBang]

redshirts will resolve the problem

Yes, it could turn out to be a very hot Songkran.

God help Thailand.

[jonclark]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

So you don't think the removal of Thawli and replacing him with a relative was an act of political interference?

[Pimay1]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

So you don't think the removal of Thawli and replacing him with a relative was an act of political interference?

Thats what a <deleted> elected government do. Politics. Sometimes you dont agree with them, but they where still elected to do them.

Not agreeing with them is ok but when they viloate and flout the law that is not ok.

[GentlemanJim]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

So you don't think the removal of Thawli and replacing him with a relative was an act of political interference?

Thats what a <deleted> elected government do. Politics. Sometimes you dont agree with them, but they where still elected to do them.

I am not sure that is what the electorate gave them power to do. If it had been in the PTP manifesto that every senior civil servant and any appointment with any power was to be filled by a relative of Thaksin then I think the result would have been different.

[AleG]

Yingluck must be crossing her fingers to be removed once and for all, she never wanted the job in the first place but she can't just quit without her brother's permission. So better hope to be legally removed and be done with it.

[binjalin]

I would say this country is becoming 'ungovernable' (by either side). If a PM cannot chose his or her own Security Chief and then get's forced to take back a Security Chief who has pledged allegiance to the overthrow of that SAME PM then a farce it looks like and a farce it is. As for nepotism of course I am very much against it on either side but that is not the point here - they knew this guy was a yellow and wanted their own choice - perfectly reasonable.

IF the Dems EVER win an election (without 'help' from the judiciary) they will no doubt choose their own candidate.

[geriatrickid]

The departure of the PM may very well spark a popular uprising, particularly if she is replaced by someone associated with the Democrat party.

[Rich teacher]

"There have been several such cases that involved double standards and the jettisoning of all legal principles. A favorite is the junta’s Assets Scrutiny Committee (or the Asset Examination Committee) which was stacked with anti-Thaksin Shinawatra appointees and its work was only ruled legal because it was undertaken under junta rules. That committee’s secretary Kaewsan Atibhodhi claimed “evidence and witnesses are useless,” with one of its panels recommending legal action without hearing 300 witnesses or considering 100 additional pieces of evidence. Another example is the 2008 judicial coup that resulted in the dissolution of several parties that formed the government, where the Constitutional Court refused to hear more than 200 witnesses in the defense of the three parties that were dissolved"

"Wicha Mahakhun, a member of the NACC and former constitution drafter for the military junta in 2007, is quoted from back then: “We all know elections are evil…”. He added: “People, especially academics who want to see the Constitution lead to genuine democracy, are naïve…”

"Likhit Dhiravegin, said to be “a prominent academic and frequent commentator on television,” has said that “an ‘orchestrated’ judicial coup was already underway.” He added: “everybody knows about it, inside and outside the country.”

https://thaipoliticalprisoners.wordpress.com/tag/national-anti-corruption-commission/

But even after so much blatant evidence of the impartiality of independent agencies the TV yellow cheer-leading squad still argue till they are blue in the face that JUSTICE is being done.

Edited April 3, 2014 by Rich teacher

[binjalin]

Yingluck must be crossing her fingers to be removed once and for all, she never wanted the job in the first place but she can't just quit without her brother's permission. So better hope to be legally removed and be done with it.

the vast majority of Thais will be sorry to see her go (but I guess it's inevitable) with all the judicial pressure from the ammart

FIRST female PM in Thailand and she deserves much credit - as compared to Abhisit who cowers in the corner bleating "I won't play, unless I win, - I won't play, unless I win"

[Nickymaster]

Yingluck must be crossing her fingers to be removed once and for all, she never wanted the job in the first place but she can't just quit without her brother's permission. So better hope to be legally removed and be done with it.

the vast majority of Thais will be sorry to see her go (but I guess it's inevitable) with all the judicial pressure from the ammart

FIRST female PM in Thailand and she deserves much credit - as compared to Abhisit who cowers in the corner bleating "I won't play, unless I win, - I won't play, unless I win"

Just a pity she didn't follow that many laws and never showed that she was a real leader. Mind you, she never ever had a debate with anybody. She answered 2 questions out of the 120 the opposition had asked her the last 2 years, and she has spend almost 1 TRILLION baht on the rice scheme with no transparency. To name just a few of her achievements.

Yes this democratic role model will truly be missed.

Edited April 3, 2014 by Nickymaster

[Pimay1]

I would say this country is becoming 'ungovernable' (by either side). If a PM cannot chose his or her own Security Chief and then get's forced to take back a Security Chief who has pledged allegiance to the overthrow of that SAME PM then a farce it looks like and a farce it is. As for nepotism of course I am very much against it on either side but that is not the point here - they knew this guy was a yellow and wanted their own choice - perfectly reasonable.

IF the Dems EVER win an election (without 'help' from the judiciary) they will no doubt choose their own candidate.

As for nepotism of course I am very much against it on either side but that is not the point here - they knew this guy was a yellow and wanted their own choice - perfectly reasonable.

Evidently you have a different definition of nepotism than the one below.

nep·o·tism

ˈnepəˌtizəm/

noun

noun: nepotism

1. 1.

   the practice among those with power or influence of favoring relatives or friends, esp. by giving them jobs.

[pmugghc]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

So you don't think the removal of Thawli and replacing him with a relative was an act of political interference?

Thats what a elected government do. Politics. Sometimes you dont agree with them, but they where still elected to do them.

I am not sure that is what the electorate gave them power to do. If it had been in the PTP manifesto that every senior civil servant and any appointment with any power was to be filled by a relative of Thaksin then I think the result would have been different.

That's fine but then the PTP would have to change the law first, in this case the constitution, before moving him.

Sent from my Nexus 5 using Thaivisa Connect Thailand mobile app

[dwcrist]

"Yingluck is likely to face the same fate as late prime minister Samak Sundaravej, who was purged from office in 2008 after the Constitutional Court ruled he had violated the Constitution by accepting payments to appear on cooking TV shows while in office. As a result of the decision against Samak, his entire Cabinet was also required to step down."

Good thing they caught him. Everyone knows those cooking shows are the real biggest threats to democracies, not judicial coups that set up unelected governments based on technicality and shabby law interpretation.

[jonclark]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

So you don't think the removal of Thawli and replacing him with a relative was an act of political interference?

Thats what a <deleted> elected government do. Politics. Sometimes you dont agree with them, but they where still elected to do them.

Yes I know that is what government do.

Its the replacing of one civil servant with a relative that i disagree with. Nepotism and by association political interference is clearly present in this case as there was an inherent obligation (i.e. a favour to be paid back) for the then incoming incumbent to follow family orders (aka political line) as payback thereby bypassing the independence of their position.

That obligation that was clearly acknowledged when the incoming incumbent flew to Hong Kong to have Taksin pin on his rank. Shown in the famous photo of him and Taksin in Hong Kong, which hung over his desk with the quote ' I owe my position to you' or words to that effect emblazoned on it.

[Artisi]

Yingluck must be crossing her fingers to be removed once and for all, she never wanted the job in the first place but she can't just quit without her brother's permission. So better hope to be legally removed and be done with it.

the vast majority of Thais will be sorry to see her go (but I guess it's inevitable) with all the judicial pressure from the ammart

FIRST female PM in Thailand and she deserves much credit - as compared to Abhisit who cowers in the corner bleating "I won't play, unless I win, - I won't play, unless I win"

Vast majority -- sorry wrong word, less than the majority.

[Nickymaster]

Yingluck must be crossing her fingers to be removed once and for all, she never wanted the job in the first place but she can't just quit without her brother's permission. So better hope to be legally removed and be done with it.

the vast majority of Thais will be sorry to see her go (but I guess it's inevitable) with all the judicial pressure from the ammart

FIRST female PM in Thailand and she deserves much credit - as compared to Abhisit who cowers in the corner bleating "I won't play, unless I win, - I won't play, unless I win"

Abhisit: I'm not ready for an election, but I'm ready to be PM.

Bf4gVZlCIAAI8hX.jpg

But Surapong is ready and we all know that Thaksin's cousin has a track record of being honest. Especially about issuing passports to criminals.

And who knows, maybe we will have the return of Thaksin's brother in law, Somchai the playboy. Here in action while being PM.

http://www.youtube.com/watch?v=L-Y3vWR4Ol0#t=349

Maybe Thaksin will even bring in the big guns by sacrificing his other sister Yaowapa. Somchai the playboy's wife.

That's about it I guess. I don't know about any other suitable family members that Thaksin might bring forward. Maybe you know some?

Edited April 3, 2014 by Nickymaster

[Mentors]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

Remember, Samak was removed because his cooking show on TV. He get paid some hundred Baht per show.

Now Yingluck's caretaker government will be the 4th legitime Government removed in just a few years.

[Nickymaster]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

Remember, Samak was removed because his cooking show on TV. He get paid some hundred Baht per show.

Now Yingluck's caretaker government will be the 4th legitime Government removed in just a few years.

I know it sucks having to follow laws, especially for the mighty Shins.

[rametindallas]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

So you don't think the removal of Thawli and replacing him with a relative was an act of political interference?

Thats what a <deleted> elected government do. Politics. Sometimes you dont agree with them, but they where still elected to do them.

I am not sure that is what the electorate gave them power to do. If it had been in the PTP manifesto that every senior civil servant and any appointment with any power was to be filled by a relative of Thaksin then I think the result would have been different.

This case really has nothing to do with nepotism. It has everything to do with the Thai Constitution which decrees that civil servants do not hold political positions to be filled by supporters; there are plenty of political positions for the sycophants without replacing civil servants. Civil servants are career officials who serve whatever political party is in office and are mandated to be impartial and carry out the work of day-to-day government functions without bias or being beholden to politicians for their positions. Civil servants are also protected from political retribution by the Constitution and by their Union. It seem that PM Yingluck and her cabinet violated the Constitution to replace Thawit with a Thaksin lackey. Whatever the Civil Service laws are in your own country or whatever you think it should be, doesn't matter in Thailand. The Supreme Administrative Court's verdict that the transfer of Thawil to the position of prime minister's adviser was unlawful means that the Constitutional Court will either overrule the Supreme Administrative Court's verdict (not likely) or it will find the Caretaker PM guilty and she will have to step down as PM. Hopefully Suthep will end all his protests at that point, freeing the police to solely watch over Jatuporn and his protesters. Once Ms Yingluck is removed, the real fun begins as the Constitution make no provision for election of a new caretaker PM in the absence of a Lower House of Parliament.

[rametindallas]

Yingluck must be crossing her fingers to be removed once and for all, she never wanted the job in the first place but she can't just quit without her brother's permission. So better hope to be legally removed and be done with it.

the vast majority of Thais will be sorry to see her go (but I guess it's inevitable) with all the judicial pressure from the ammart

FIRST female PM in Thailand and she deserves much credit - as compared to Abhisit who cowers in the corner bleating "I won't play, unless I win, - I won't play, unless I win"

Abhisit: I'm not ready for an election, but I'm ready to be PM.

Bf4gVZlCIAAI8hX.jpg

But Surapong is ready and we all know that Thaksin's cousin has a track record of being honest. Especially about issuing passports to criminals.

And who knows, maybe we will have the return of Thaksin's brother in law, Somchai the playboy. Here in action while being PM.

http://www.youtube.com/watch?v=L-Y3vWR4Ol0#t=349

Maybe Thaksin will even bring in the big guns by sacrificing his other sister Yaowapa. Somchai the playboy's wife.

That's about it I guess. I don't know about any other suitable family members that Thaksin might bring forward. Maybe you know some?

[Siripon]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

Remember, Samak was removed because his cooking show on TV. He get paid some hundred Baht per show.

You're forgetting Samak had the right to run again as PM which he did the following Monday. But he forgot Thaksin has no sense of loyalty for Thaksin replaced him with his more malleable brother-in-law, Somchai Wongsawat.

Betrayed by Thaksin, not the first and not the last.

The most recent being the dead red shirts at Ratchprasong.

Now Yingluck's caretaker government will be the 4th legitime Government removed in just a few years.

[JesseFrank]

nothing to do with justice EVERYTHING to do with political interference

the idea that Obama could not move his Security Chief to another role is bizarre and absurd - what a farce

Remember, Samak was removed because his cooking show on TV. He get paid some hundred Baht per show.

Now Yingluck's caretaker government will be the 4th legitime Government removed in just a few years.

I know it sucks having to follow laws, especially for the mighty Shins.

Hasn't Yingluck clearly pleaded that no laws should used to get her removed from office ? Where this country is going to if even the wishes of a PM are not respected anymore.

[Old Man River]

Poor Thaksin. So many decisions and so little time. 15 days to defend against this case and witnesses in the negligence case to testify before Songkran. Need.More.Lawyers. Which case will cause baby sis to lose the PM's chair first? The negligence of duty in the rice scheme or this case. Its all happening so quick. Will the courts continue to prosecute her once she is out of office on when she is out of the country?

He thought in December, "I'll just have Yingluck dissolve the Lower House, hold snap elections that I'm guaranteed to win, get a new mandate from the 'People' and continue as before". My, how circumstances have changed. Too many shortcuts to get things done (CEO way and not government way), too many illegal processes, too much corruption to keep within limits, and now, too many chickens coming home to roost and not enough power to stop them. Woe to poor Thaksin; no sleep for him.

When she is out, the caretaker cabinet will have 30 days to elect a new PM (similar to what happened with Samak). Then the new election and the PTP are back in business.

Of course there is that little issue of the upcoming NACC case against the 308 MP's and senators. If it is a guilty verdict, the NACC will need 60% of the senators to validate a guilty verdict. It is hard to even begin to predict which way this will all go.