Now, may the fight be clean and fair

[Lite Beer]

EDITORIAL
Now, may the fight be clean and fair
The Nation

BANGKOK: -- Yingluck's return paves the way for historic graft trial

Earlier this month ousted prime minister Yingluck Shinawatra reportedly sought permission from the military junta to postpone her return to Thailand. But, just as her critics began rubbing their hands in glee, she came back, purportedly ready to face trial for corruption and gross neglect of her duty as the country's chief executive. Yingluck thus put an end to one line of speculation, but she remains the subject of ongoing political suspense. In fact her case is far more significant than the one that prompted her brother Thaksin to flee the country in 2008.

Thailand's lingering political strife is far more severe than it was at the time of Thaksin's departure, and much now depends on the success or failure of the reforms promised by the military. In this scenario, Yingluck's trial is one of the most crucial things to watch. There are political and legal reasons why this is so.

First and foremost, her case involves alleged corruption that took place while she was in power, was directly linked with her government's policy and affected the country on a grand scale. This is nothing like the scandal over Thaksin's concealment of stock shares, which took place before he became prime minister. Neither does it compare to Thaksin's Ratchadapisek land purchase, which violated the law but was defended as personal business that "hurt" no one.

Yingluck's vow to stay and fight the case is welcome news. If the trial were to take place in her absence and the verdict were handed down while she was abroad, the impact on Thailand's fight against corruption would be overshadowed by the same old politicisation and propaganda. The country would be back at Square One. Her critics would brand her a coward, while her supporters would complain of a "conspiracy" like the one that forces Thaksin to live in exile. The fragile peace would be broken as soon as the military relinquished political control.

Now that she has returned, all parties concerned must focus on allowing her the opportunity to fully defend herself. The National Anti-Corruption Commission, her accuser, must prove that its evidence is genuine or legitimate. But while the burden of proof lies with the NACC, Yingluck's rebuttal must be straightforward and clear. The way she and her Pheu Thai Party responded to charges related to the rice scheme during last year's censure debate left much to be desired.

Thailand's reform hinges on how an anti-corruption standard is set, and how that standard is set hinges on the manner of Yingluck's trial and verdict. While her return increases the likelihood that all sides will accept the trial and verdict, the bottom line is that the legal showdown must be credible. Politics must be set aside. Legal facts must prevail.

Responsibility for the investigation into the rice-scheme corruption has been moved from the NACC to the Supreme Court's political division, whose check-and-balance mechanisms were prescribed by the 1997 Constitution. The trial might be taking place in the wake of a coup, but it involves normal anti-graft mechanisms that should be respected by all. Yingluck's supporters can argue that a "fair" trial is unlikely when the country is ruled by coup-makers who ousted her government, but what is "fair" in Thailand? It helps here to recall that Thaksin was convicted while his own party was in power.

When a high-profile figure goes on trial it's difficult for everyone. But it's obvious that the country needs this trial and, more importantly, needs it to be fair. If Yingluck is sure of her innocence, there should be nothing to fear, especially in an era in which every fact and figure will be scrutinised in microscopic detail outside the courtroom. Her return seems to confirm the right attitude, which will be crucial as the Thai crisis edges towards a new climax.

Source: http://www.nationmultimedia.com/opinion/Now-may-the-fight-be-clean-and-fair-30241023.html

-- The Nation 2014-08-16

[Thailand]

A great chance for GP to achieve his place in history.

If she is found innocent he can hold out the olive branch of a senior unelected position.

If found guilty with his absolute power he can give her a pardon and a senior unelected position.

[rubl]

How many years did it take in Italy?

[BSJ]

If she is found innocent she can be on her way.

But if she is found guilty reparations are in order and some time in jail.

[lovetotravel]

A great chance for GP to achieve his place in history.

If she is found innocent he can hold out the olive branch of a senior unelected position.

If found guilty with his absolute power he can give her a pardon and a senior unelected position.

She's already proven her inability to run this country. If found innocent, just let her go on her way. If found guilty, he should set a precedent and apply the full rule of law, so others in the future will be more cautious when it comes to running this great country. No more shenanigans.

[ChrisY1]

This trial will go on for a very long time......she has the resources to drag it on for ever, and no doubt, a pretty good legal team.

Would a guilty verdict see her with prison time......probaly, but more than likely suspended. A fine would be irrelevant.

[EricBerg]

Even if proven guilty and even if some overseas bankaccount with billions on her name would be found she would simply deny all. And then it is each individual's

choice whether to believe her or the judges.

The darling of Isan is still very popular and her voters chose to believe all she and her clan told them to believe in the past. Even here on TV there are those that support her through thick and thin. This, despite all evidence/facts on the table.

If she is convicted shi*t will happen.

Edited August 16, 2014 by EricBerg

[Bluespunk]

A great chance for GP to achieve his place in history.

If she is found innocent he can hold out the olive branch of a senior unelected position.

If found guilty with his absolute power he can give her a pardon and a senior unelected position.

If guilty she should go to gaol. No more amnesties.

Criminals belong in gaol not government, well at least that's how it should be.

[metisdead]

A post containing comments that can be construed as being negative about the imposition of Martial Law or the Coup has been removed. Continued comments in this manner could lead to posting suspension, time to re-read this URGENT NOTICE TO MEMBERS.

[WitawatWatawit]

Two things: the Supreme Court must not suppress any evidence whatsoever, none, even if outfits like the Commerce Ministry scream and shout about exposing info that could benefit commercial rivals. Stuff them - this trial is going to be a defining moment in Thai social and judicial history, so there can be no shadows.

Second is that all parties must be fully cogniscent of the importance of this trial. The NACC's reputation rides on this trial. It must ensure that all the evidence it hands to the Supreme Court is locked down tight and irrefutable. The court itself cannot be seen in any way to show fear or favour. And the military must realise that there is a line in the sand which it cannot cross - any slight indication of interference, no matter how innocuous, will have repercussions. This is a huge moment in Thai history.

[Roadman]

They should find her guilty of gross negligence easy enough as that was being shown by her own staff and parliamentary opposition as well as others and when found guilty so sentenced accordingly regardless of her current or past status.

While they have examples of corruption in the system by others none of that will lead directly to her. Besides the tea money trails would be well hidden this time around as Thaksin and the rest of the Shinawatra thieves learnt that the hard way in previous scams.

[tbthailand]

"Now, may the fight be clean and fair"

really funny.

[Roadman]

Two things: the Supreme Court must not suppress any evidence whatsoever, none, even if outfits like the Commerce Ministry scream and shout about exposing info that could benefit commercial rivals. Stuff them - this trial is going to be a defining moment in Thai social and judicial history, so there can be no shadows.

Second is that all parties must be fully cogniscent of the importance of this trial. The NACC's reputation rides on this trial. It must ensure that all the evidence it hands to the Supreme Court is locked down tight and irrefutable. The court itself cannot be seen in any way to show fear or favour. And the military must realise that there is a line in the sand which it cannot cross - any slight indication of interference, no matter how innocuous, will have repercussions. This is a huge moment in Thai history.

Why would the Junta interfere in this case when for the whole time during Martial Law they have stayed right out of the Supreme and Criminal Courts affairs?

I also do not see the NACC reputation being an issue as they are an independent long standing body who have always acted more appropriately than most other parties in Thailand including Supreme and Criminal Court judges.

Agree thou that this case is just important as the 2001 "Madam borrowed our names" case where Thaksin's thugs and populist and not democratic principles seen judges fold under pressure. Thirteen years later the judges have the chance to restore confidence in the judiciary again with a judgement on a Shinawatra. Karma sure can be a bitch.

[Ricardo]

This trial will go on for a very long time......she has the resources to drag it on for ever, and no doubt, a pretty good legal team.

Would a guilty verdict see her with prison time......probaly, but more than likely suspended. A fine would be irrelevant.

If former-PM Yingluck is confident in her innocence, and that she wasn't at all negligent while chairing the rice-committee, she will surely wish the case to reach a verdict swiftly to demonstrate her innocence, and will instruct her lawyers not to string the case out ?

[Eric Loh]

If ever the case reaches the Supreme Court, the conviction must be unaniminous by the judges. A split decision of 4-5, retro active laws and insufficient grounds for defence were the type of doubts that generated from Taksin case.

[WitawatWatawit]

Roadman:

I agree with you about the NACC, but this is the land of smoke and mirrors, and this case is the "mother of all battles". I'm only saying that the NACC cannot afford any slip ups, not in the evidence it hands over or the perceptions about how it gathered and presented that evidence. It has the chance of cementing once and for all it's fearless reputation.

I can't agree with you about the military, however. Yes, it has done a good job of keeping its nose out of judicial affairs so far. But let's not forget Prayuth has ultimate power to override the judiciary. No one should have that power, and while it exists, there can never be any certainty it won't be used. A warning is therefore appropriate (not that he'll personally read this - ).

Edited August 16, 2014 by WitawatWatawit

[ChrisY1]

This trial will go on for a very long time......she has the resources to drag it on for ever, and no doubt, a pretty good legal team.

Would a guilty verdict see her with prison time......probaly, but more than likely suspended. A fine would be irrelevant.

If former-PM Yingluck is confident in her innocence, and that she wasn't at all negligent while chairing the rice-committee, she will surely wish the case to reach a verdict swiftly to demonstrate her innocence, and will instruct her lawyers not to string the case out ?

You may well be right, however, seeing that the NACC has decided to indict her, they should be confident of some degree of success to achieve a conviction.....

Anyway, it will be an interesting case whichever way it goes.

[rickirs]

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

A great chance for GP to achieve his place in history.

If she is found innocent he can hold out the olive branch of a senior unelected position.

If found guilty with his absolute power he can give her a pardon and a senior unelected position.

If she is found innocent, with his absolute power he can convict her.

[Zonka]

Even if proven guilty and even if some overseas bankaccount with billions on her name would be found she would simply deny all. And then it is each individual's

choice whether to believe her or the judges.

The darling of Isan is still very popular and her voters chose to believe all she and her clan told them to believe in the past. Even here on TV there are those that support her through thick and thin. This, despite all evidence/facts on the table.

If she is convicted shi*t will happen.

exactly! mob rule is alive and well in Thailand, thats why it will always be 3rd world.

[robblok]

A great chance for GP to achieve his place in history.

If she is found innocent he can hold out the olive branch of a senior unelected position.

If found guilty with his absolute power he can give her a pardon and a senior unelected position.

If found guilty put her in jail.. why an olive branch... if they never put big fish in jail nothing will ever change.

[Bluespunk]

If ever the case reaches the Supreme Court, the conviction must be unaniminous by the judges. A split decision of 4-5, retro active laws and insufficient grounds for defence were the type of doubts that generated from Taksin case.

What doubts?

Guilty is guilty regardless of the split or not.

[jpeg]

Why bother with an onerous and expensive trial? Just have her sit down and write 'I must not be corrupt' 100 times. In line with the junta's current attemps at 'cracking down' on corruption.

Edited August 16, 2014 by jpeg

[chainarong]

The good Lady has a support group that I wouldn't share a seat at a Monks BBQ with, Yingluck in my opinion is quirt all right, it is her offsiders that are substandard, she has received advice that is not good advice, this stems from inexperience as a member of Parliament, it is all very well holding the fort for her brother, this in turn has now put her into this mess, Thaskin not only screwed Thailand but the Shinawatra family as well, the man is a moron along with he's shonky mates and the sooner Thailand, all of Thailand I add, realizes this the better , however the result is Yingluck is now on her own, good call Thaskin.

[ginjag]

If ever the case reaches the Supreme Court, the conviction must be unaniminous by the judges. A split decision of 4-5, retro active laws and insufficient grounds for defence were the type of doubts that generated from Taksin case.

What doubts?

Guilty is guilty regardless of the split or not.

A boxing bout---a fighter wins on a split decision is not thrown out. HE WINS.

[ggt]

It will be neither clean nor fair...she should have stayed out of the country when she had the chance...

[Bluespunk]

If ever the case reaches the Supreme Court, the conviction must be unaniminous by the judges. A split decision of 4-5, retro active laws and insufficient grounds for defence were the type of doubts that generated from Taksin case.

What doubts?

Guilty is guilty regardless of the split or not.

A boxing bout---a fighter wins on a split decision is not thrown out. HE WINS.

Yes, and if you lose a split decision in court you should go to gaol.

[NongKhaiKid]

If ever the case reaches the Supreme Court, the conviction must be unaniminous by the judges. A split decision of 4-5, retro active laws and insufficient grounds for defence were the type of doubts that generated from Taksin case.

What doubts?

Guilty is guilty regardless of the split or not.

Her brother was acquitted on a split vote and a judge said he thought Mr. T was guilty but because he was PM should be given a chance.

The judges's son was later, apparently, the beneficiary of largess from Mr. T who paid for higher education.

What's the point of having 9 judges to accommodate a majority verdict if then a unanimous one is the only acceptable finding ?

[Thailand]

A great chance for GP to achieve his place in history.

If she is found innocent he can hold out the olive branch of a senior unelected position.

If found guilty with his absolute power he can give her a pardon and a senior unelected position.

If found guilty put her in jail.. why an olive branch... if they never put big fish in jail nothing will ever change.

The implications of problems if she is found guilty is something GP will not want. He will be bending over backwards to ensure a mutually acceptable result for the short term and the future when the military is no longer in power.

[Zeegator]

A great chance for GP to achieve his place in history.

If she is found innocent he can hold out the olive branch of a senior unelected position.

If found guilty with his absolute power he can give her a pardon and a senior unelected position.

"If found guilty with his absolute power he can give her a pardon and a senior unelected position."

Nonsense. That authority is not his, it belongs to the Monarch.

[Zeegator]

This trial will go on for a very long time......she has the resources to drag it on for ever, and no doubt, a pretty good legal team.

Would a guilty verdict see her with prison time......probaly, but more than likely suspended. A fine would be irrelevant.

She's probably looking forward to that verdict which in all likelihood will also come with a lifetime ban from politics. She would no doubt relish that as she would be free from any future threats of being forced into the position of becoming an MP and then having to run for PM as she was before.

Edited August 16, 2014 by Zeegator