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CAPO under fire for statement 'pressuring' top court and anti-corruption agency


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CAPO under fire for statement 'pressuring' top court and anti-corruption agency
The Nation

BANGKOK: -- The government's Centre for the Administration of Peace and Order came under fire yesterday for accusing the Constitutional Court and the National Anti-Corruption Commission of attempting to exceed their authority in cases against Prime Minister Yingluck Shinawatra.

The NACC said CAPO's seven-point statement on Thursday could lead to a widespread perception the government was intervening to counter the work of the anti-graft agency.

"It appears there are attempts to pressure the NACC to decide or judge in a way that the administrative branch wants. This certainly will bring no benefit to the work of the agencies under the Constitution," NACC secretary-general and spokesman Sansern Poljieak said in a statement.

In response to CAPO's allegation of unfair treatment against the government, the NACC said yesterday it was performing its duty in line with the Constitution.

Sansern cited Article 3 of the charter that says, "The performance of duties of the National Assembly, the Council of Ministers, the Courts, and the constitutional organs as well as State agencies shall be under the Rule of Law." He said that meant NACC maintains the principle of fairness to all.

"Also, we work without any bias although we have been threatened and intimidated by some groups of people. NACC commissioners have not been discouraged and we will never abandon the rule of law," the NACC spokesman said.

Red-shirt supporters of the government have denounced the NACC for legal moves against Yingluck, and its office has come under several grenade attacks.

The NACC is investigating an allegation of neglect against the PM over the government's loss-making and allegedly corruption-plagued rice price-pledging scheme. Meanwhile the Constitutional Court is hearing a case in which she is accused of malfeasance for removing National Security Council secretary-general Thawil Pliensri.

CAPO, in its "statement No 1" on Thursday, expressed concern there could be bias and "double standards" by the court and the NACC against the prime minister. It warned that such practices could lead to violence.

Democrat Party leader Abhisit Vejjajiva said yesterday that CAPO appeared to be pressuring the court and the NACC not to make any decision that would harm the government.

"What the CAPO should do is to ask all the parties involved to accept decisions by the NACC and the Constitutional Court," he said.

"They should not have created more conflict by using its supporters and the state mechanism to prevent scrutiny of the government. CAPO should be dissolved because it no longer does the work of maintaining peace," Abhisit said.

CAPO yesterday defended its statement, saying there were signs that violence could worsen the situation and lead to a political vacuum.

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-- The Nation 2014-04-19

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The only thing CAPO and its offshoot has achieved is to waste around 4 billion of public funds and cause several deaths and injuries including those of police officers.

Agreed, with Chalerm at the helm what else

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The only thing CAPO and its offshoot has achieved is to waste around 4 billion of public funds and cause several deaths and injuries including those of police officers.

Agreed, with Chalerm at the helm what else

Maybe the stress of ensuring that he is the one to replace Yingluck is getting to him, Poor sod with all of those in the PTP and associated organisation trying to position them selves for the changed situation. We know this is the case because that heroic supporter of Yinglung - the one and only Ko Tee told us

Edited by issanaus
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LOL the NACC claim they are working under the constitution, they are not fooling anyone, well,maybe some people, but everyone else knows whats going on.

they will bend the constitution as much as is needed to push their judicial coup agenda through. hopefully one day these slimeballs are held to account and get the justice they deserve.

Can you please point out the article of the constitution of Thailand that the MACC is breaching with its case involving the rice scheme?

I bet you can't.... but you seem to think you can come on here daily and claim this absurdity.

If you want to make accusations, then you should provide evidence, especially when it is a very serious accusation that can put you in prison for publicly declaring it on an open forum.

We are waiting.

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The only thing CAPO and its offshoot has achieved is to waste around 4 billion of public funds and cause several deaths and injuries including those of police officers.

not all is wasted......the policemen got extra money per day, from which a lot was deducted for food. The food was absolute bottom low quality for very high costs......So the money is not wasted. As Yinglucks sister is in catering for airplanes, my guess is the money is in her pocket.

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The one shameful thing we discovered is just how partisan the independent agencies are.

There's quite a good discussion of the problem here:

http://asiancorrespondent.com/121536/chambers-on-the-rising-juristocracy-in-thailand/

"Perhaps a less visible trend, which has grown over the last decade, has been the rise of Thailands judiciary. Indeed, Thailand today possesses a weakly-developed democracy with a strong, monarchically-endowed juristocracy that is undergirded by the armed forces. An embedded democracy possesses elections, political rights, civil liberties, and checks and balances as well as effective control over the military."

"In such democracies, courts represent the rule of law and the ability of civilians to legally redress grievances. A juristocracy, on the other hand, comes to exist in a country where the judiciary achieves near or total supremacy over other political actors in a country. In Thailand, contemporary courts exert great power and are generally the tool of senior arch-royalists. This same judiciary is the final interpreter of the law. As such, it has been used to delegitimize recalcitrant political foes."

Trying to remove a government for moving a civil servant, failing to run elections, trying to remove a government for failing to stop corruption you only claim existed, .... the list is endless.

I would agree that the list of reasons to remove this government are endless ........... but one of the many justifiable reasons to see its removal has to be the final straw. The implications of that removal extend far beyond the rights of that particular Civil servant

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" What the CAPO should do is to ask all the parties involved to accept decisions by the NACC and the Constitutional Court," he said. "

Abhisit is right. All parties must accept the decisions of the Constitutional Court and the NACC. Everything that Pheu Thai is doing - by publicly criticizing the courts, by suggesting that they are unfair - and now this - a public memorandum from CAPO - CAPO is way out of its depth here. Since when does an agency set up to protect the public ( but does everything but, and instead just issues threats and intimidates ) have the temerity to address the courts ? And now Pheu Thai is openly contemplating various alternatives that give the unmistakable impression that they will not adhere to the ruling and advice of the Constitutional Court. What Pheu Thai are doing is jaw-dropping.

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This ridiculous charge comes just after the disclosure that NACC member Somchai in his Facebook finds that "the expression of progovernment people and the red-shirts is the group of people which should never be associated with in the society." He further wrote, “Let us mourn this group of people,”

Tit for Tat.

Maybe Abhisit will call CAPO and suggest it be patient too - only to be fair.

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" What the CAPO should do is to ask all the parties involved to accept decisions by the NACC and the Constitutional Court," he said. "

Abhisit is right. All parties must accept the decisions of the Constitutional Court and the NACC. Everything that Pheu Thai is doing - by publicly criticizing the courts, by suggesting that they are unfair - and now this - a public memorandum from CAPO - CAPO is way out of its depth here. Since when does an agency set up to protect the public ( but does everything but, and instead just issues threats and intimidates ) have the temerity to address the courts ? And now Pheu Thai is openly contemplating various alternatives that give the unmistakable impression that they will not adhere to the ruling and advice of the Constitutional Court. What Pheu Thai are doing is jaw-dropping.

You're really fooling nobody with that vague rhetoric. e.g. New York Times on this:

http://www.nytimes.com/2014/04/01/world/asia/in-thailand-some-foresee-a-coup-by-legal-means.html?smid=tw-share&_r=1

"Tensions escalated late last year, when the governing party passed a constitutional amendment restoring the Senate as a fully elected body.

The Constitutional Court struck down the change, ruling in November that making the Senate fully elected was an attempt to overthrow democracy, a decision that has been criticized by constitutional scholars.

The Constitutional Court has also struck down an ambitious and costly infrastructure plan, partly because the judges ruled that high-speed trains, a major element of the plan, are not appropriate for Thailand. Critics say that is a judgment for legislators, not the courts."

******

See the problem Abhisit faces is that the military won't back the coup, and so the independent agencies don't have the confidence to face down the people without the military to back them up. The foreign press of course is not stupid and knows what is going on. That article explains a lot I didn't know, like the NACC man's work writing the current constitution, and his anti democracy comments.

Edited by BlueNoseCodger
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If the military-coup appointed NaCC & Constitution Court pull another 'judicial coup' ..

at this point it's clear what the 'judicial coup' would to be:

Sacking not just Yingluck, but her entire cabinet on the ridiculous pretext that the transfer of 1 civil servant justifies such a move, a rushed move that occurs while the government is in a prolonged 'caretaker' role because the anti-democracy criminal mob sabotaged the last election that the PhuaThai was set to win with the 'establishments' support. AND THEN, to interpret section 7 of the constitution to mean that they(the military coup and billionaire backed juristocracy) can 'appoint' a government with FULL powers(as opposed to caretaker powers) in order to 'carry out (ill-defined) "reforms"' even though the constitution clearly states that the PM and cabinet must be lower house MP's.

That would be an outrage and blatantly illegal.

If they do this I would say the Yingluck administration and the police are justified in refusing the courts order, in that case these courts would have totally de-legitimized themselves.

If they simply sack Yingluck and allow another MP to take the caretaker-helm until a new election puts the lower house back in order that would upset her supporters, but it would be accepted as legitimate, anything more that that would be a criminal conspiracy by the 'establishment' to overthrow a democratically elected regime and replace it with another military-backed dictatorship.

If the military wants to launch another coup, then they should have the balls to do it; instead of supporting these cowardly judicial-coups ..as if the Thai people and the world don't know that they were the ones that put these frauds on the bench in the first place..like they can just sit back and say "whoops another coup, what us? we didn't do anything, it was the courts.."

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If the military-coup appointed NaCC & Constitution Court pull another 'judicial coup' ..

at this point it's clear what the 'judicial coup' would to be:

Sacking not just Yingluck, but her entire cabinet on the ridiculous pretext that the transfer of 1 civil servant justifies such a move, a rushed move that occurs while the government is in a prolonged 'caretaker' role because the anti-democracy criminal mob sabotaged the last election that the PhuaThai was set to win with the 'establishments' support. AND THEN, to interpret section 7 of the constitution to mean that they(the military coup and billionaire backed juristocracy) can 'appoint' a government with FULL powers(as opposed to caretaker powers) in order to 'carry out (ill-defined) "reforms"' even though the constitution clearly states that the PM and cabinet must be lower house MP's.

That would be an outrage and blatantly illegal.

If they do this I would say the Yingluck administration and the police are justified in refusing the courts order, in that case these courts would have totally de-legitimized themselves.

If they simply sack Yingluck and allow another MP to take the caretaker-helm until a new election puts the lower house back in order that would upset her supporters, but it would be accepted as legitimate, anything more that that would be a criminal conspiracy by the 'establishment' to overthrow a democratically elected regime and replace it with another military-backed dictatorship.

If the military wants to launch another coup, then they should have the balls to do it; instead of supporting these cowardly judicial-coups ..as if the Thai people and the world don't know that they were the ones that put these frauds on the bench in the first place..like they can just sit back and say "whoops another coup, what us? we didn't do anything, it was the courts.."

I agree. It will be a very dark day, if all these so called independent agencies have conspired to create this legal coup.

I fear when, if ever in the short future, they will bother to give the people elections again. They just won't set the system up to treat all equally, so there are always huge loop holes open for exploitation.

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The one shameful thing we discovered is just how partisan the independent agencies are.

There's quite a good discussion of the problem here:

http://asiancorrespondent.com/121536/chambers-on-the-rising-juristocracy-in-thailand/

"Perhaps a less visible trend, which has grown over the last decade, has been the rise of Thailands judiciary. Indeed, Thailand today possesses a weakly-developed democracy with a strong, monarchically-endowed juristocracy that is undergirded by the armed forces. An embedded democracy possesses elections, political rights, civil liberties, and checks and balances as well as effective control over the military."

"In such democracies, courts represent the rule of law and the ability of civilians to legally redress grievances. A juristocracy, on the other hand, comes to exist in a country where the judiciary achieves near or total supremacy over other political actors in a country. In Thailand, contemporary courts exert great power and are generally the tool of senior arch-royalists. This same judiciary is the final interpreter of the law. As such, it has been used to delegitimize recalcitrant political foes."

Trying to remove a government for moving a civil servant, failing to run elections, trying to remove a government for failing to stop corruption you only claim existed, .... the list is endless.

Using your own statement you're really fooling nobody with that vague rhetoric.

There is absolutely no credibility in anything Andrew Marshall writes as he is a paid propagandist who works hand in hand with Robert Amsterdam.

Ad hominen attacks? and not even directed at the right people. Paul Chambers is the academic talking judiaocracy and Thomas Fuller the NYT journalist. The credibility of Fullers piece for example, is simply gained from quoting two versions and letting the reader decide for themselves, not from his reputation or name, so attacking him, the messenger won't change the message, e.g.:

"The Constitutional Court struck down the change, ruling in November that making the Senate fully elected was an attempt to overthrow democracy, a decision that has been criticized by constitutional scholars."

See what he did there, "Senate fully elected" vs "overthrow democracy".

This is what the internet age is like, in the past they controlled the news, so the controlled news would say "Yingluk was removed for trying to overthrow democracy" and that would keep the foreign partners appeased. Whereas now the uncontrolled media reports how she tried to make the Senate electable.

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If the military-coup appointed NaCC & Constitution Court pull another 'judicial coup' ..

at this point it's clear what the 'judicial coup' would to be:

Sacking not just Yingluck, but her entire cabinet on the ridiculous pretext that the transfer of 1 civil servant justifies such a move, a rushed move that occurs while the government is in a prolonged 'caretaker' role because the anti-democracy criminal mob sabotaged the last election that the PhuaThai was set to win with the 'establishments' support. AND THEN, to interpret section 7 of the constitution to mean that they(the military coup and billionaire backed juristocracy) can 'appoint' a government with FULL powers(as opposed to caretaker powers) in order to 'carry out (ill-defined) "reforms"' even though the constitution clearly states that the PM and cabinet must be lower house MP's.

That would be an outrage and blatantly illegal.

If they do this I would say the Yingluck administration and the police are justified in refusing the courts order, in that case these courts would have totally de-legitimized themselves.

If they simply sack Yingluck and allow another MP to take the caretaker-helm until a new election puts the lower house back in order that would upset her supporters, but it would be accepted as legitimate, anything more that that would be a criminal conspiracy by the 'establishment' to overthrow a democratically elected regime and replace it with another military-backed dictatorship.

If the military wants to launch another coup, then they should have the balls to do it; instead of supporting these cowardly judicial-coups ..as if the Thai people and the world don't know that they were the ones that put these frauds on the bench in the first place..like they can just sit back and say "whoops another coup, what us? we didn't do anything, it was the courts.."

PT won't sack Yingluk and choose another PM, when the PM steps down so does the government, so that would simply do what they want. Also Yingluk is very popular, and a major reason the coup lot want her out, or at least demonized.

I doubt they'll go for the full judicial coup, because the military has made it clear they won't back them with soldiers and these judges are people too. They have to live here.

If you look at the timing of the NACC case, Wicha Mahakhun is saying May, and he won't hear anymore evidence. This shortly after EC Somchai said mid July elections. So I assume the timing will be to bar the MPs shortly after the party list is done, which then lets them bar a bunch of MPs who would not then be replaceable (too late). Leaving the way for the Democrats to 'win'*.

So instead of barring 300 MPs, they bar 100-150 of them, pretend to be neutral for not blocking them all, that would be enough MPs barred to them let the Democrats take power.

Really still a judicial coup, just with a bit of camouflage.

If you look at Somchai's comments, he's also saying the government could be in power by October... which would be after the military hand over I think, so perhaps they're also going to put in more controllable coup generals in too. To try to bring the military back into their control.

* I'll be watching for Abhisit to be suddenly be 'pro-election', as an indicator for this.

Edited by BlueNoseCodger
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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

If the military-coup appointed NaCC & Constitution Court pull another 'judicial coup' ..

at this point it's clear what the 'judicial coup' would to be:

Sacking not just Yingluck, but her entire cabinet on the ridiculous pretext that the transfer of 1 civil servant justifies such a move, a rushed move that occurs while the government is in a prolonged 'caretaker' role because the anti-democracy criminal mob sabotaged the last election that the PhuaThai was set to win with the 'establishments' support. AND THEN, to interpret section 7 of the constitution to mean that they(the military coup and billionaire backed juristocracy) can 'appoint' a government with FULL powers(as opposed to caretaker powers) in order to 'carry out (ill-defined) "reforms"' even though the constitution clearly states that the PM and cabinet must be lower house MP's.

That would be an outrage and blatantly illegal.

If they do this I would say the Yingluck administration and the police are justified in refusing the courts order, in that case these courts would have totally de-legitimized themselves.

If they simply sack Yingluck and allow another MP to take the caretaker-helm until a new election puts the lower house back in order that would upset her supporters, but it would be accepted as legitimate, anything more that that would be a criminal conspiracy by the 'establishment' to overthrow a democratically elected regime and replace it with another military-backed dictatorship.


If the military wants to launch another coup, then they should have the balls to do it; instead of supporting these cowardly judicial-coups ..as if the Thai people and the world don't know that they were the ones that put these frauds on the bench in the first place..like they can just sit back and say "whoops another coup, what us? we didn't do anything, it was the courts.."


I agree. It will be a very dark day, if all these so called independent agencies have conspired to create this legal coup.

I fear when, if ever in the short future, they will bother to give the people elections again. They just won't set the system up to treat all equally, so there are always huge loop holes open for exploitation.

Why does everyone ignore the clear facts: Huge corruption condoned by the Government eg the Sae Khu clan. Transfer of people for private purposes. Even the Phue Thai (previously PPP previously TRT, both cancelled for election fraud) agreed last week to take responsibility and follow the Court's orders. Case closed. Change election laws, have a new election. Make it impossible to just change names to re enter an election after fraud and corruption is proven. Change the constituencies so there is a fair divide between votes and seats. But maybe I am seeing it all too simple. Carry on with things as they go. Cross bridges when you come to them.

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

If the military-coup appointed NaCC & Constitution Court pull another 'judicial coup' ..

at this point it's clear what the 'judicial coup' would to be:

Sacking not just Yingluck, but her entire cabinet on the ridiculous pretext that the transfer of 1 civil servant justifies such a move, a rushed move that occurs while the government is in a prolonged 'caretaker' role because the anti-democracy criminal mob sabotaged the last election that the PhuaThai was set to win with the 'establishments' support. AND THEN, to interpret section 7 of the constitution to mean that they(the military coup and billionaire backed juristocracy) can 'appoint' a government with FULL powers(as opposed to caretaker powers) in order to 'carry out (ill-defined) "reforms"' even though the constitution clearly states that the PM and cabinet must be lower house MP's.

That would be an outrage and blatantly illegal.

If they do this I would say the Yingluck administration and the police are justified in refusing the courts order, in that case these courts would have totally de-legitimized themselves.

If they simply sack Yingluck and allow another MP to take the caretaker-helm until a new election puts the lower house back in order that would upset her supporters, but it would be accepted as legitimate, anything more that that would be a criminal conspiracy by the 'establishment' to overthrow a democratically elected regime and replace it with another military-backed dictatorship.

If the military wants to launch another coup, then they should have the balls to do it; instead of supporting these cowardly judicial-coups ..as if the Thai people and the world don't know that they were the ones that put these frauds on the bench in the first place..like they can just sit back and say "whoops another coup, what us? we didn't do anything, it was the courts.."

I agree. It will be a very dark day, if all these so called independent agencies have conspired to create this legal coup.

I fear when, if ever in the short future, they will bother to give the people elections again. They just won't set the system up to treat all equally, so there are always huge loop holes open for exploitation.

Why does everyone ignore the clear facts: Huge corruption condoned by the Government eg the Sae Khu clan. Transfer of people for private purposes. Even the Phue Thai (previously PPP previously TRT, both cancelled for election fraud) agreed last week to take responsibility and follow the Court's orders. Case closed. Change election laws, have a new election. Make it impossible to just change names to re enter an election after fraud and corruption is proven. Change the constituencies so there is a fair divide between votes and seats. But maybe I am seeing it all too simple. Carry on with things as they go. Cross bridges when you come to them.

Great, reinstate him.

Does that have to bring down the government ?

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

If the military-coup appointed NaCC & Constitution Court pull another 'judicial coup' ..

at this point it's clear what the 'judicial coup' would to be:

Sacking not just Yingluck, but her entire cabinet on the ridiculous pretext that the transfer of 1 civil servant justifies such a move, a rushed move that occurs while the government is in a prolonged 'caretaker' role because the anti-democracy criminal mob sabotaged the last election that the PhuaThai was set to win with the 'establishments' support. AND THEN, to interpret section 7 of the constitution to mean that they(the military coup and billionaire backed juristocracy) can 'appoint' a government with FULL powers(as opposed to caretaker powers) in order to 'carry out (ill-defined) "reforms"' even though the constitution clearly states that the PM and cabinet must be lower house MP's.

That would be an outrage and blatantly illegal.

If they do this I would say the Yingluck administration and the police are justified in refusing the courts order, in that case these courts would have totally de-legitimized themselves.

If they simply sack Yingluck and allow another MP to take the caretaker-helm until a new election puts the lower house back in order that would upset her supporters, but it would be accepted as legitimate, anything more that that would be a criminal conspiracy by the 'establishment' to overthrow a democratically elected regime and replace it with another military-backed dictatorship.

If the military wants to launch another coup, then they should have the balls to do it; instead of supporting these cowardly judicial-coups ..as if the Thai people and the world don't know that they were the ones that put these frauds on the bench in the first place..like they can just sit back and say "whoops another coup, what us? we didn't do anything, it was the courts.."

I agree. It will be a very dark day, if all these so called independent agencies have conspired to create this legal coup.

I fear when, if ever in the short future, they will bother to give the people elections again. They just won't set the system up to treat all equally, so there are always huge loop holes open for exploitation.

Why does everyone ignore the clear facts: Huge corruption condoned by the Government eg the Sae Khu clan. Transfer of people for private purposes. Even the Phue Thai (previously PPP previously TRT, both cancelled for election fraud) agreed last week to take responsibility and follow the Court's orders. Case closed. Change election laws, have a new election. Make it impossible to just change names to re enter an election after fraud and corruption is proven. Change the constituencies so there is a fair divide between votes and seats. But maybe I am seeing it all too simple. Carry on with things as they go. Cross bridges when you come to them.

And change the constitution in a way that things at court doesn't need 10 years.......If there is obvious corruption the person should go swiftly into jail unable to delay thing 10 years.

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<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

Why does everyone ignore the clear facts: Huge corruption condoned by the Government eg the Sae Khu clan. Transfer of people for private purposes. Even the Phue Thai (previously PPP previously TRT, both cancelled for election fraud) agreed last week to take responsibility and follow the Court's orders. Case closed. Change election laws, have a new election. Make it impossible to just change names to re enter an election after fraud and corruption is proven. Change the constituencies so there is a fair divide between votes and seats. But maybe I am seeing it all too simple. Carry on with things as they go. Cross bridges when you come to them.

Great, reinstate him.

Does that have to bring down the government ?

Yes. How can a government that openly supports the illegal removal of someone from a senior position to facilitate moving family and friends into key positions, knowing that to be against the rules be allowed to stay in office?

They have knowingly ignored the law and dragged their heels as much as possible in correcting it purely to keep their man in office as long as possible.

Being elected democratically does not convey the right to act as a dictator. Nepotism and cronyism do not go hand in hand with democracy. But they do fit nicely with family dictatorships.

The UK and Australia have recently seen politicians forced to resign. YL has no intentions of doing the "right" thing. She prefers to hang on at all costs, claim she acted lawfully when the courts have already decided differently (do all Shin's think they know best and are above the law?) and will only go if big brother decides to replace her.

PTP brought themselves down - the old trick of believing their own propaganda - "we're untouchable".

"... (do all Shin's think they know best and are above the law?),,,,..." laugh.pngcheesy.gif Of course they do, they are The Shinawatras.

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