Thai PM Yingluck denies abuse of power in key legal challenge

[webfact]

Thai PM denies abuse of power in key legal challenge
by Thanaporn PROMYAMYAI

BANGKOK, May 6, 2014 (AFP) - Thailand's besieged Prime Minister Yingluck Shinawatra denied an abuse of power allegation at the nation's Constitutional Court on Tuesday in a legal challenge which could see her removed from office.

The case, one of two potential knockout legal moves against her premiership, comes as Thailand's political crisis reaches a critical juncture.

Anti-government protesters are still massed on Bangkok's streets -- although in diminished numbers -- and Yingluck's supporters are also threatening to rally to defend her.

The premier denied the complaint, filed by a group of senators, who said that the replacement of then-national security chief Thawil Pliensri after she was elected in 2011 was for the benefit of her party.

"I deny the allegation... I didn't violate any laws, I didn't receive any benefit from the appointment," a composed Yingluck told the court, adding she replaced Thawil for the benefit of the country.

Under the constitution -- forged after a 2006 coup that ousted Yingluck's billionaire brother Thaksin Shinawatra as premier -- such an offence could lead to her removal and a ban from politics.

The court could also extend its verdict to cabinet members who endorsed the decision to remove Thawil, potentially dislodging a layer of ruling party decision-makers with ties to Thaksin, who lives overseas to avoid jail for corruption convictions.

Thawil has been re-instated as head of the NSC by the order of another court.

"It's up to the judges," said Jarupong Ruangsuwan, leader of the ruling Puea Thai party, told AFP before the hearing.

"All I can say is that if the court convicts the prime minister and her entire cabinet there will be turmoil," he said, adding "all may be known today".

The court has not given a date for its ruling.

- End game near? -

The Constitutional Court has played a key role in recent chapters of Thai politics.

Critics accuse it of rushing through Yingluck's case and allege previous rulings show that it is politically biased against the Shinawatras.

In 2008, the court forced two Thaksin-linked prime ministers from office.

The backdrop to the current crisis is an eight-year political rupture since Thaksin was booted out off office by an army coup.

The kingdom has become fractured since then, split between the Bangkok-based elites and middle-classes, backed by the royalist south -- and the rural north and northeast and urban poor who have powered Thaksin-led or allied governments to office in every election since 2001.

Six months of political street protests, sparked by a bungled bid to push through an amnesty that could have allowed Thaksin to return, have so far failed to force Yingluck from office.

At least 25 people have been killed and hundreds more wounded in political violence, raising fears of widespread unrest if she is dumped from office.

Observers say the legal challenges appear poised to upend her administration, raising the potential for a backlash by her "Red Shirt" supporters.

Yingluck has also been charged by the National Anti-Corruption Commission (NACC) with neglect of duty in connection with a costly rice subsidy scheme that critics say fomented rampant corruption.

If indicted on those charges, Yingluck would be suspended from office and face an impeachment vote in the upper house of parliament that could lead to a five-year ban from politics.

The Red Shirts have vowed to take to the streets if Yingluck is toppled, raising the spectre of clashes with security forces.

"But as of now, it remains impossible to know whether the Red Shirts will offer as much resistance as some of their leaders claim," said Michael Montesano at the Institute of Southeast Asian Studies in Singapore.

The Constitutional Court in March nullified a February general election disrupted by protesters, leaving the kingdom in legislative limbo with only a caretaker government.

Election authorities and the ruling party have agreed on July 20 for new polls, but the date has been rejected by the opposition Democrat Party, casting doubts over its likely success.


-- (c) Copyright AFP 2014-05-06

-----------------

Thai court to rule Wednesday on PM dismissal case

BANGKOK, May 6, 2014 (AFP) - Thailand's Constitutional Court said Tuesday it will rule on May 7 on whether to dismiss Prime Minister Yingluck Shinawatra from office in an abuse of power case.

"The hearing is over... the court has decided to rule on May 7 at noon," court president Charoon Intachan said.


-- (c) Copyright AFP 2014-05-06

[h90]

"adding she replaced Thawil for the benefit of the country."

would be interesting how the country benefit from putting a family member in instead?

[Bluespunk]

"The backdrop to the current crisis is an eight-year political rupture since Thaksin was booted out off office by an army coup."

Was he actually the legal PM at the time of the coup? I seem to remember that there was no govt as such at the time, due to a dodgy/disputed election.

Edited May 6, 2014 by Bluespunk

[Bluespunk]

BBC report at time

http://news.bbc.co.uk/2/hi/asia-pacific/4983600.stm

[Snig27]

It's ironic that a self-interested and deeply compromised legal system is being used to remove a supposedly corrupt PM. The blankets of hypocrisy that envelop those who champion this process must make rising from bed in the morning difficult.

[rabas]

It's ironic that a self-interested and deeply compromised legal system is being used to remove a supposedly corrupt PM. The blankets of hypocrisy that envelop those who champion this process must make rising from bed in the morning difficult.

She is not a corrupt PM. She is a puppet corrupt PM. 'Corrupt' modifies PM, for which she is a puppet.

[Now or Never]

I am becoming impatient.

I want to see Yingluck and her cabinet in prison.

[chainarong]

In respect to the CTPM Yingluck, lets see what the courts interpretation of the law is, then, lets make a comment, not before a verdict is handed down, that's contempt of court, , as they say in the movies , you will have ample opportunity to reply Prime Minister.

[CiaranO]

I am becoming impatient.

I want to see Yingluck and her cabinet in prison.

YOU will be waiting a long time for that and it will never happen. If convicted she will be banned from politics for 5 years. Thats it

[Now or Never]

I am becoming impatient.

I want to see Yingluck and her cabinet in prison.

YOU will be waiting a long time for that and it will never happen. If convicted she will be banned from politics for 5 years. Thats it

I am the judge ... she and her cabinet are going to prison.

[WhizBang]

It's ironic that a self-interested and deeply compromised legal system is being used to remove a supposedly corrupt PM. The blankets of hypocrisy that envelop those who champion this process must make rising from bed in the morning difficult.

So stay in bed then. I think the world will benefit without your presence.

Edited May 6, 2014 by WhizBang

[WhizBang]

So that's her defence... 'I didn't do it'.

Brilliant. I see the Shinawatra brain trust must have been working overtime.

[seajae]

I did nothing wrong, I did exactly what my brother told me to do so how can i be guilty, besides that I was elected and I am a good looking female, now, what was the question again, I keep forgetting everything.........

[h90]

I am becoming impatient.

I want to see Yingluck and her cabinet in prison.

YOU will be waiting a long time for that and it will never happen. If convicted she will be banned from politics for 5 years. Thats it

I am the judge ... she and her cabinet are going to prison.

And next you'll get a M79 shot into your office by the red friends

[siampolee]

It wasn't me that made these decisions it was my puppet master brother.

Superior orders, often known as the Nuremberg defense, lawful orders or by the German phrase "Befehl ist Befehl" ("orders are orders"), is a plea in a court of law that a person, whether a member of the armed forces or a civilian, not be held guilty for actions which were ordered by a superior officer or a public official.

[gemini81]

I am becoming impatient.

I want to see Yingluck and her cabinet in prison.

Oh, you wanna see them actually alive? Might be more punishment living through in a Thai 3 hots and (no) cot.

Edited May 6, 2014 by gemini81

[gemini81]

I am becoming impatient.

I want to see Yingluck and her cabinet in prison.

YOU will be waiting a long time for that and it will never happen. If convicted she will be banned from politics for 5 years. Thats it

I am the judge ... she and her cabinet are going to prison.

And next you'll get a M79 shot into your office by the red friends

..and then you'll be accused of having framed yourself, as according to forum posters who wanna score some bonus points with their Isarn farm girls.

Edited May 6, 2014 by gemini81

[webfact]

Thai court to rule Wednesday on PM dismissal case

BANGKOK, May 6, 2014 (AFP) - Thailand's Constitutional Court said Tuesday it will rule on May 7 on whether to dismiss Prime Minister Yingluck Shinawatra from office in an abuse of power case.

"The hearing is over... the court has decided to rule on May 7 at noon," court president Charoon Intachan said.


-- (c) Copyright AFP 2014-05-06

[Scamper]

More statements from Pheu Thai and more threats of turmoil. The news of the day is that Yingluck showed up. She gave a statement. It is not clear if she answered questions. Her printed remarks hold no legal or credible weight, which should seem hardly surprising. She broke the law. The law is clear on that point. The Administrative Court and the Supreme Administrative Court ( by a unanimous decision ) affirmed that she broke the law. She will certainly be removed from office as a result. The Constitutional Court has the authority and the constitutional right to cause her cabinet to step down as well. For those who argue that cabinets are rubber stamp institutions that are measured by their loyalty to the prime minister may be thinking of the movie The Godfather, but they are not thinking of the parliamentary system. Of course, cabinet ministers are expected to be loyal. But they are not expected to break the law. And they are not expected to break constitutional law. And the cabinet is not immune to being vetted by the Constitutional Court. Therefore, if the cabinet uses its power to support an action, means that they are prepared to stand behind the constitutionality of that action. And if the action is deemed unconstitutional, they have to answer for that.

[saltandpepper]

Thai court to rule Wednesday on PM dismissal case

BANGKOK, May 6, 2014 (AFP) - Thailand's Constitutional Court said Tuesday it will rule on May 7 on whether to dismiss Prime Minister Yingluck Shinawatra from office in an abuse of power case.

"The hearing is over... the court has decided to rule on May 7 at noon," court president Charoon Intachan said.

-- (c) Copyright AFP 2014-05-06

tomorrow it is then....

Might be an interesting afternoon I think

[rabas]

Thai court to rule Wednesday on PM dismissal case

BANGKOK, May 6, 2014 (AFP) - Thailand's Constitutional Court said Tuesday it will rule on May 7 on whether to dismiss Prime Minister Yingluck Shinawatra from office in an abuse of power case.

"The hearing is over... the court has decided to rule on May 7 at noon," court president Charoon Intachan said.

That was fast. Tomorrow, high noon at the OK Constitutional Court.

Edited May 6, 2014 by rabas

[AleG]

I did nothing wrong, I did exactly what my brother told me to do so how can i be guilty, besides that I was elected and I am a good looking female, now, what was the question again, I keep forgetting everything.........

IMHO, it wasn't Thaksin behind this, directly anyway, I think it must had been his ex, Potjaman jockeying her brother into the Chief of Police place.

Potjaman work behind the scenes doesn't get the attention it should draw... but then again the last person that drew attention to her had a couple grenades delivered to her home and her mother's home shot up by automatic fire.

[webfact]

Yingluck blames Kowit in transferring Thawil



BANGKOK: -- Caretaker Prime Minister Yingluck Shinawatra today blamed former police chief Kowit Wattana as a person who transferred the former national security chief to inactive post while she was busy with fighting the great flooding in 2011.

She testified to the Constitutional Court today to defend malfeasance and interference of official work involving the unlawful transfer of Mr Thawil Pliensri from the National Security Council to the prime minister’s office as advisor.

If found guilty, she will lose her premiership status and must step down.

In defending the transfer, Ms Yingluck said in a 8-point written statement that her premiership and the cabinet status have ended on the day when she dissolved Parliament. Therefore, she argued that her ended status could not be cited again for the Constitutional Court to rule if her status had been ended.
She compared her ended status to a dead person who died of a certain cause and therefore that person could not be revived to die of another cause.

She also said she had authority given by the law to transfer Mr Thawil and her act was not an interference as accused by the petitioner.

She also said the transfer was not solely decided by her but the entire cabinet and it was not meant to pave the easy for the appointment of Pol Gen Pliewphan Damapong to the Royal Thai Police chief as alleged.

The transfer of Pol Gen Vichien Photposri from Royal Thai Police chief to permanent secretary of Transport also was not to open the police chief seat for Pol Gen Pliewphan but merely a routine meeting to endorse the appointment without prior approaches.

Yingluck insisted during testifying that no matter the Constitutional Court will rule that her premiership has ended, she and her cabinet which have lost cabinet status after dissolution of parliament will continue to perform duties until a new government is formed under Article 181 of the Constitution.

During the testifying, Yingluck repeatedly claimed that the transfer was made by her deputy Pol Gen Kowit Wattana as she had designated him to undertake the job while she was busying herself helping people affected by the great flooding during the period.

Source: http://englishnews.thaipbs.or.th/yingluck-blames-kowit-transferring-thawil/


-- Thai PBS 2014-05-06

[JesseFrank]

Too busy with fighting the flooding.

She did a great job at that. NOT?

[webfact]

Yingluck denies abuse of power in Thawil's transfer
The Nation



BANGKOK: -- Caretaker Prime Minister Yingluck Shinawatra Tuesday told the Constitutional Court that she did not abuse her power as prime minister in the transfer of National Security Council cief Thawil Pliensri.

Yingluck defended herself in the court following the testimony of both Thawil and Senator Paibul Nititawan.

Paibul filed the lawsuit against Yingluck accusing her of abusing her authority in moving Thawil to an advisory post so that Priewphan Damapong, brother of former prime minister Thaksin Shinawatra's wife, could be come the national police chief.

"I deny the allegation... I didn't violate any laws, I didn't receive any benefit from the appointment," Yingluck told the court.

Arguing against the allegations that she made Thawil's transfer to benefit her family, Yingluck told the court that her brother, Thaksin, had already divorced Khunying Potjaman Na Pombejra.

Yingluck also told the court that she had assigned then deputy prime minister Kowit Wattana to be in charge of the Royal Thai Police and security affairs.

She said she did not consider the transfer of the police chief and the NSC chief because she and her Cabinet trusted Kowit and regarded that Kowit had already considered the matter.

Five companies of policemen were deployed to keep security at the court.

Yingluck was accompanied by Social Development and Human Security Minister Pavena Hongsakul, Information and Communication Technology Minister Anudith Nakhonthap, PM's Office Minister Varathep Ratanakorn, PM's Secretary General Suranand Vejjajiva, Pichit Cheunban, a defence lawyer, Pheu Thai secretary general Phumtham Wechayachai, and Gen Niphat Thonglek, permanent secretary for the Defence Ministry.


-- The Nation 2014-05-06

[rabas]

I did nothing wrong, I did exactly what my brother told me to do so how can i be guilty, besides that I was elected and I am a good looking female, now, what was the question again, I keep forgetting everything.........

IMHO, it wasn't Thaksin behind this, directly anyway, I think it must had been his ex, Potjaman jockeying her brother into the Chief of Police place.

Potjaman work behind the scenes doesn't get the attention it should draw... but then again the last person that drew attention to her had a couple grenades delivered to her home and her mother's home shot up by automatic fire.

You mean after all these years, it will turn out that Thaksin himself was just another goon in a larger elite power struggle? I don't know that, but would not be too surprised. That would make Yingluck a puppet's puppet. I remember reading in earlier days about how Thaksin's early business ventures floundered and it was Potjaman that saved the day.

[terryp]

she was busy with fighting the great flooding in 2011

[AleG]

Mind that bus, Kowit.

[JesseFrank]

Yingluck insisted during testifying that no matter the Constitutional Court will rule that her premiership has ended, she and her cabinet which have lost cabinet status after dissolution of parliament will continue to perform duties until a new government is formed under Article 181 of the Constitution.

Or in other words :

For this case we will not recognize the ruling of the constitutional court because it doesn't suit us, however in cases where it benefits us we will claim that we have to adhere to the constitution.

What a bunch of gullible criminals

[chotthee]

The premier denied the complaint, filed by a group of senators, who said that the replacement of then-national security chief Thawil Pliensri after she was elected in 2011 was for the benefit of her party. It was for the benefit of her family.