PM Yingluck's fate to be decided today

[webfact]

UNLAWFUL TRANSFER
PM's fate to be decided today
The Nation



Judges should order appointment of new PM: Paiboon; Pheu Thai warns of chaos

BANGKOK: -- The Constitution Court will today hand down a historic verdict that will have a major influence on the prolonged political impasse, as it rules on whether to dismiss caretaker 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 announced yesterday after hearing the testimony of Yingluck and three other witnesses in the case involving National Security Council (NSC) chief Thawil Pliensri's removal.

The case - one of two potential knockout legal moves against her premiership - comes as Thailand's political crisis reaches a critical juncture, with the anti-government People's Democratic Reform Committee (PDRC) still rallying on Bangkok's streets - albeit in diminished numbers - and Yingluck's supporters also threatening to rally to defend her.

If found guilty, Yingluck will lose her status as prime minister, and the ruling could oust her entire Cabinet, which would create a political vacuum, likely leading to more political turmoil.

Six months of political street protests have so far failed to force Yingluck from office, with the PDRC demanding that she stand down to pave the way for an appointed government that would institute reforms before the next polls.

Observers now believe the legal challenges against her appear poised to end her administration.

Interior Minister Charupong Ruangsuwan yesterday said the ruling Pheu Thai Party, of which he is leader, had worked out a plan to cope with a negative verdict from the court.

"If we [the whole Cabinet] are sacked [from office], there will be chaos. But we realise we will be [forced] out," he said.

The court yesterday heard the testimony of four witnesses in the case. The witnesses were Thawil, Senator Paiboon Nititawan - who had brought the case to court - former national police chief Wichean Potephosree, who replaced Thawil, and the PM.

Paiboon filed the legal complaint against Yingluck, accusing her of abusing her authority in moving Thawil to an advisory post so that General Priewphan Damapong, the brother of Khunying Potjaman Na Pombejra -Thaksin's ex-wife - could become the national police chief.

The Supreme Administrative Court had earlier ruled the removal to be an unlawful transfer, which led to Thawil's reinstatement as head of the NSC.

In his testimony, Paiboon asked the court to order the appointment of a new PM by constitutional means within seven days of its verdict, should it rule against the caretaker government.

Yingluck, who testified to the court in person, said: "I deny the allegation ... I didn't violate any laws, I didn't receive any benefit from the appointment," she told the court.

Arguing against the allegation that she had had Thawil transferred to benefit her family, Yingluck told the court that Thaksin had already divorced Potjaman before Thawil's removal.

She also testified that she had assigned then-deputy PM Kowit Wattana to be in charge of the Royal Thai Police and security affairs.

She said she had not at the time considered the transfer of the police chief and the NSC chief, because she and her Cabinet trusted Kowit and believed that he had duly considered the matter. In defending her status, Yingluck said in an eight-point statement that her premiership and the Cabinet's status had in fact ended on the day the House of Representatives was dissolved last December.

Yingluck insisted that she and her Cabinet, which had already lost their status upon the dissolution of the House, would continue to perform their duties in a caretaker capacity under Article 181 of the Constitution until a new government was formed.

In his testimony yesterday, Wichean said his own transfer had been made with his consent.

"The transfer was [a result of] my disappointment that my [then] supervisor Pol Captain Chalerm Yoobamrung harshly blamed me. He said the police protected gambling dens and brothels. That [statement] damaged the people's faith. "When I [as the national police chief] was thus accused, I sought advice from Kowit Wattana saying I couldn't work with such a supervisor," he said.

Yingluck has also been charged by the National Anti-Corruption Commission (NACC) with neglect of duty in connection with the costly rice-subsidy scheme.

The NACC may decide whether to indict Yingluck tomorrow at the earliest, and by May 15 at the latest.

If indicted, the PM must be suspended from office and face an impeachment vote in the Senate, which could lead to a five-year ban from politics.

Possible scenarios

l Prime Minister Yingluck Shinawatra continues serving as caretaker PM

l Yingluck is the only one who must vacate her post

l Yingluck must leave her post but the caretaker Cabinet can continue

l Yingluck and the ministers who took part in the Cabinet's resolution on the transfer of Thawil must step down

l Yingluck and the entire Cabinet must go

l Yingluck and the entire Cabinet must go and the Senate takes over the role of finding a new PM

Poll decree on hold

Instead of submitting a draft on the Royal Decree for an election on July 20 to the caretaker Cabinet, the Election Commission yesterday asked the government for a new round of meetings as there were some points of confusion in the draft.

The EC wrote to the government saying it was unprecedented for a Royal Decree to say that if the election encounters problems, the government should consult the EC on postponing the ballot.

However, it said, the EC requires laws to back its authority and the measures it takes to resolve such problems. Hence, it was necessary to discuss the decree in detail, the letter said.


-- The Nation 2014-05-07

[webfact]

Crunch court ruling threatens Thai PM

BANGKOK, May 7, 2014 (AFP) - Thailand's Constitutional Court is set Wednesday to decide whether to remove Prime Minister Yingluck Shinawatra from office on abuse of power charges, a ruling that threatens to plunge the kingdom further into turmoil.

The premier appeared at the court on Tuesday to deny allegations that she replaced the national security chief in 2011 for the benefit of her party -- an offence for which she can be sacked.

But the court, which has played a key role in recent turbulent chapters of Thai politics, said it was ready to rule at noon on Wednesday.

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

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

If she is dismissed then a deputy prime minister can replace her until a new government is formed through elections.

But observers say it is possible the court will also rule against her cabinet for endorsing the decision to transfer security chief Thawil Pliensri, who has since been re-instated.

Sacking Yingluck and her cabinet could send the kingdom into uncharted territory, leaving the nation without a premier, cabinet and lower house -- which was dissolved to hold elections in February that were later annulled.

Yingluck appears trapped by legal moves against her premiership after six months of street protests that have left 25 people dead and hundreds wounded in gun and grenade attacks.

"Prime Minister Yingluck is their (the protesters') obstacle in overthrowing democracy," Red Shirt chairman Jatuporn Prompan said on Tuesday.
"I expect the verdict will not be good for the government.... I heard they want to sack the entire cabinet," he said.

His group have vowed to come out on the streets if Yingluck is toppled, kindling fears of looming clashes between rival political sides.

The Reds say they are unarmed, but have held several training camps in their rural northeastern heartlands for guards to protect their future rallies.
The Constitutional Court oversees cases of violations of Thailand's charter, which was rewritten after the removal of Yingluck's brother, billionaire former premier Thaksin Shinawatra, by an army coup in 2006.

Critics accuse it of driving 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.

It also annulled the February election called by Yingluck to shore up her flagging administration, citing widespread disruption by opposition protesters.

Yingluck has also been charged by anti-graft officials with neglect of duty in connection with a costly rice subsidy scheme that critics say fomented rampant corruption.

An unfavourable ruling by that body could also lead to her impeachment and a five-year ban from politics.

Thaksin lives overseas to avoid jail for corruption convictions.


-- (c) Copyright AFP 2014-05-07

[rabas]

Dawn comes and high noon is just hours away. Today, there are only two relevant questions.

1) Was he replaced by your relative?

2) Were you puppet at that time ?

Removed for installing a puppet as head of National Security? Certainly the irony is clear to the CC.

I sincerely hope this is another one of those small, infrequent steps towards a real Thai democracy,

"We do not allow puppets, any more".

Edited May 6, 2014 by rabas

[rametindallas]

She has about as much chance as winning the Thai Lottery (though some say she can 'fix' that)

[NongKhaiKid]

Highly charged reporting on the BBC such as " YL fighting for political future ", " chaos ", " violence from her supporters " and Jonathan Head talking about the CC's hostility towards the Shins and their party, of a judicial coup and so on but discreetly ignoring all the intimidation from the reds, CAPO and cabinet ministers.

Will the court find according to points of law only or be mindful of the intimidation and potential consequences and acquit with some suitable words of disapproval ?

The Thais getting things done brings ' organising a piss up in a brewery ' to mind

[binjalin]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

[ginjag]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

Looks highly suspicious having 5 Family in the top 5 jobs, don't you think. Suspect dictatorial governing--control freaks they call them. Thaksin style.

[Piichai]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

In the US, some staff positions are appointed, and some are not. The President is not allowed to remove or replace people in positions that are not appointed.

That's just the way it works.

I suspect if Obama tried to do so, he would be in no less trouble than Yingluck finds herself in now.

That's just the way it works.

Edited May 7, 2014 by Piichai

[ezzra]

Not a moment too soon, on your bike lady... go on....

[bristolgeoff]

after noon today more troubles for the puppet master and puppet

[Tanlic]

Will it be a case of Yinluck, Noluck?

If it is then she's Outtaluck and they say it pays to have luck.

[fcbkk]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

imagine? ok let's imagine.

imagine Obama placing family members in high positions.

imagine the public in the US calling it a judicial coup when Nixon was held accountable.

can you imagine?

[Eric Loh]

^{Must said that the planning was meticulous for all these to happen at the same time.}

^{1. CC hurried judgement today}

^{2. EC decided against sending the royal decree yesterday}

^{3. NACC decided to made judgement on rice scheme on Thursday}

^{4. Ahbisit reform plan}

^{5. Suterp declared final battle}

^{Whatever the outcome, May will be the Waterloo for better or worse.}

[ginjag]

^{Must said that the planning was meticulous for all these to happen at the same time.}

^{1. CC hurried judgement today}

^{2. EC decided against sending the royal decree yesterday}

^{3. NACC decided to made judgement on rice scheme on Thursday}

^{4. Ahbisit reform plan}

^{5. Suterp declared final battle}

^{Whatever the outcome, May will be the Waterloo for better or worse.}

Number 1, how long has this been studied ???

3, How long has this been studied ???

Numbers 2 4 5 are just fill ins to try to make the post strong. Failed attempt--same Yinglucks try.

[DLock]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

What son?

Sure, lets allow Obama to replace his Security Chief with a family member for the benefit of the Obama Clan.

Think...before you post.

[ianf]

Highly charged reporting on the BBC such as " YL fighting for political future ", " chaos ", " violence from her supporters " and Jonathan Head talking about the CC's hostility towards the Shins and their party, of a judicial coup and so on but discreetly ignoring all the intimidation from the reds, CAPO and cabinet ministers.

Will the court find according to points of law only or be mindful of the intimidation and potential consequences and acquit with some suitable words of disapproval ?

The Thais getting things done brings ' organising a piss up in a brewery ' to mind

I've had enough of Jonathan Head. Everyone is entitled to an opinion but if you are representing a news service (BBC) that claims to be independent and unbiased then Head's type of reporting has no place in responsible journalism and certainly no place at the BBC. I would urge everyone who is sick of Head's biased and unbalanced reporting to lay a complaint with the BBC. Easily done. Just Google BBC complaints and the form takes just a few minutes to fill.

[MGP]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

Imagine Obama replacing the heads of the CIA, FBI, NSA, National Guard, Federal Police, State Police, County Police, and other departments of National Security and Law Enforcement with members of his family or his clan. Imagine Obama appointing himself as Secretary of Defense.

[stoneyboy]

Highly charged reporting on the BBC such as " YL fighting for political future ", " chaos ", " violence from her supporters " and Jonathan Head talking about the CC's hostility towards the Shins and their party, of a judicial coup and so on but discreetly ignoring all the intimidation from the reds, CAPO and cabinet ministers.

Will the court find according to points of law only or be mindful of the intimidation and potential consequences and acquit with some suitable words of disapproval ?

The Thais getting things done brings ' organising a piss up in a brewery ' to mind

I've had enough of Jonathan Head. Everyone is entitled to an opinion but if you are representing a news service (BBC) that claims to be independent and unbiased then Head's type of reporting has no place in responsible journalism and certainly no place at the BBC. I would urge everyone who is sick of Head's biased and unbalanced reporting to lay a complaint with the BBC. Easily done. Just Google BBC complaints and the form takes just a few minutes to fill.

I like him he tells it like it is.

[kerrysum]

Dawn comes and high noon is just hours away. Today, there are only two relevant questions.

1) Was he replaced by your relative?

2) Were you puppet at that time ?

Removed for installing a puppet as head of National Security? Certainly the irony is clear to the CC.

I sincerely hope this is another one of those small, infrequent steps towards a real Thai democracy,

"We do not allow puppets, any more".

Puppets are as puppets do.... What else can I say? this goes for the rest of the world also.....

So I hope that all people will understand some day.........

What else can I say??????

kilosierra

[Stradavarius37]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

What son?

Sure, lets allow Obama to replace his Security Chief with a family member for the benefit of the Obama Clan.

Think...before you post.

If only he could think - but hard to think with Thaksin's wang shoved up his...

Sent from my iPhone using ThaiVisa app

[fab4]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

Looks highly suspicious having 5 Family in the top 5 jobs, don't you think. Suspect dictatorial governing--control freaks they call them. Thaksin style.

Is there a law forbidding family members from being employed by the government if the PM is their relative? A serious question, which I'm sure all the posters on here complaining about nepotism will be able to answer.

[webfact]

Thai court likely to force out Yingluck

Tan Hui Yee

The Straits Times

BANGKOK: -- Thailand's caretaker prime minister Yingluck Shinawatra is almost certain to be forced from office today as the Constitutional Court rules on her alleged abuse of power, worsening the country's long political deadlock.

A plan to hold another election on July 20 now appears uncertain, after the election commission yesterday delayed submitting a draft royal decree for the polls. Instead, it called for another meeting with Yingluck.

The current unrest is the latest bout in an eight-year-long conflict between groups aligned with or opposing Yingluck's brother, former premier Thaksin Shinawatra. Thaksin was ousted in a 2006 coup and lives abroad to evade a jail term for corruption.

His opponents boycotted the February 2 polls. At least 25 people have died in the six-month-long political conflict so far.

The anti-government People's Democratic Reform Committee, which has blockaded various parts of Bangkok - including government offices - during that time, wants Yingluck to resign and demands reforms before any elections are called.

Pro-government camps point out they are being aided by a court that has already forced out two Thaksin-affiliated premiers. In 2008, it threw out Samak Sundaravej for accepting payments to appear on cooking shows and Somchai Wongsawat for electoral fraud.

Yingluck's case involves the transfer of then National Security Council chief Thawil Pliensri in 2011, which allegedly benefited her relative Priewphan Damapong. She denied the charge yesterday in court.

Kan Yuenyong, an analyst with a private think-tank, Siam Intelligence Unit, told The Straits Times: "It's very clear that the court is determined to take Yingluck out of the position."

The verdict could also be extended to Cabinet members who endorsed the transfer.

If she survives the Constitutional Court decision, Yingluck still faces another charge of negligence brought against her by the National Anti-Corruption Commission, over a controversial government rice purchase scheme. That ruling, which could also unseat her, is also expected this month.

Pro-government supporters plan to hold a mass rally on Bangkok's outskirts on Saturday, while their opponents are preparing for one next Wednesday.

-- ANN 2014-05-07

[ginjag]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

Looks highly suspicious having 5 Family in the top 5 jobs, don't you think. Suspect dictatorial governing--control freaks they call them. Thaksin style.

Is there a law forbidding family members from being employed by the government if the PM is their relative? A serious question, which I'm sure all the posters on here complaining about nepotism will be able to answer.

You may have a valid point, the only problem being, most of the Shin clan have had mega brushes with the law, it is normal to appoint top government officers from the best for that role, silly to think that 5 top posts are to be handed to the family--are they the best persons in that field ??

but looking from an independent point of view it STINKS, whether it is-or not against the law.

Power in the top 5 positions are to bolster up a dictatorial regime, if not WHY DO IT----only to benefit them NOT the country.

[Melyn]

Highly charged reporting on the BBC such as " YL fighting for political future ", " chaos ", " violence from her supporters " and Jonathan Head talking about the CC's hostility towards the Shins and their party, of a judicial coup and so on but discreetly ignoring all the intimidation from the reds, CAPO and cabinet ministers.

Will the court find according to points of law only or be mindful of the intimidation and potential consequences and acquit with some suitable words of disapproval ?

The Thais getting things done brings ' organising a piss up in a brewery ' to mind

Jonathan Head is a moron. How can any self respecting reporter cover this story and omit the fact that Thaksin's brother in law was the beneficiary? It should also include his following appointment to the THAI board and the grubby Shinawatra mits in the Royal Thai Police.

What do you expect of a news organ that sends that bimbo Rachel Harvey to cover the red shirts protest in 2010 and in the midst of all the cries to burn moslem mosques, government buildings, shopping malls, Siriraj hospital etc. She declares it to be a carnival?

You'd have thought that with half their stars in court for molesting young and disabled kids that they would at least attempt to provide factual and comprehensive reporting which should be their raison d'etre.

Sent from my Nexus 7 using Thaivisa Connect Thailand mobile app

[moonao]

Judicial coup 3-2-1

[h90]

judicial coup

imagine Obama not being able to replace his security chief - her choice of successor is irrelevant even if unwise (if unwise the electorate can show that at an election)

Looks highly suspicious having 5 Family in the top 5 jobs, don't you think. Suspect dictatorial governing--control freaks they call them. Thaksin style.

Is there a law forbidding family members from being employed by the government if the PM is their relative? A serious question, which I'm sure all the posters on here complaining about nepotism will be able to answer.

Not if the family member is the best fitting person.....And this family seems to be extreme talented as all family members end at top positions.

[Asiantravel]

Highly charged reporting on the BBC such as " YL fighting for political future ", " chaos ", " violence from her supporters " and Jonathan Head talking about the CC's hostility towards the Shins and their party, of a judicial coup and so on but discreetly ignoring all the intimidation from the reds, CAPO and cabinet ministers.

Will the court find according to points of law only or be mindful of the intimidation and potential consequences and acquit with some suitable words of disapproval ?

The Thais getting things done brings ' organising a piss up in a brewery ' to mind

I've had enough of Jonathan Head. Everyone is entitled to an opinion but if you are representing a news service (BBC) that claims to be independent and unbiased then Head's type of reporting has no place in responsible journalism and certainly no place at the BBC. I would urge everyone who is sick of Head's biased and unbalanced reporting to lay a complaint with the BBC. Easily done. Just Google BBC complaints and the form takes just a few minutes to fill.

Please explain why in your opinion he has been biased in his reporting? I have also listened to the Al Jazeera reporters and they are all essentially using this same approach as Jonathan Head (which is hardly surprising because they are simply explaining the facts ) so I cannot see how you can accuse him the way you are?

Edited May 7, 2014 by Asiantravel

[h90]

Judicial coup 3-2-1

And of course your star is not guilty of anything......all only made up by the evil amard (by the way who is these mysterious amard?)

[ginjag]

Judicial coup 3-2-1

Why are you backward ??? 321.

[ginjag]

Highly charged reporting on the BBC such as " YL fighting for political future ", " chaos ", " violence from her supporters " and Jonathan Head talking about the CC's hostility towards the Shins and their party, of a judicial coup and so on but discreetly ignoring all the intimidation from the reds, CAPO and cabinet ministers.

Will the court find according to points of law only or be mindful of the intimidation and potential consequences and acquit with some suitable words of disapproval ?

The Thais getting things done brings ' organising a piss up in a brewery ' to mind

I've had enough of Jonathan Head. Everyone is entitled to an opinion but if you are representing a news service (BBC) that claims to be independent and unbiased then Head's type of reporting has no place in responsible journalism and certainly no place at the BBC. I would urge everyone who is sick of Head's biased and unbalanced reporting to lay a complaint with the BBC. Easily done. Just Google BBC complaints and the form takes just a few minutes to fill.

Please explain why in your opinion he has been biased in his reporting? I have also listened to the Al Jazeera reporters and they are all essentially using this same approach as Jonathan Head (which is hardly surprising because they are simply explaining the facts ) so I cannot see how you can accuse him the way you are?

Watch after today they will alter their tune, They want to create headlines to get readers/viewers.