Appeals Court overturns yellow-card decision against BKK governor

[webfact]

Appeals Court overturns yellow-card decision against BKK governor

BANGKOK: -- The Appeals Court Friday ruled in favour of Bangkok Governor Sukhumbhand Paribatra, overturning the yellow-card decision by the Election Commission against Bangkok Governor Sukhumbhand Paribatra.

The ruling allowed Sukhumbhand to resume his duty as the governor of the Bangkok Metropolitan Administration.

Source: http://www.nationmultimedia.com/breakingnews/Appeals-Court-overturns-yellow-card-decision-again-30242602.html


-- The Nation 2014-09-05

[clockman]

With his connections! what else can you expect.

[givenall]

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

With his connections! what else can you expect.

Which way the wind will blow tomorrow

[webfact]

Sukhumbhand cleared to continue as Bkk governor
The Nation

BANGKOK: -- The Appeals Court Friday ruled in favour of Bangkok Governor Sukhumbhand Paribatra, overturning the yellow-card decision by the Election Commission against him.

The ruling allows Sukhumbhand to resume his duties as the governor of the Bangkok Metropolitan Administration.

The EC asked the Appeals Court to disqualify Sukhumbhand as the Bangkok governor election winner on the grounds that the then Democrat Party MP Suthep Thaugsuban helped him in the election campaign by defaming Sukhumbhand's rival, Pheu Thai candidate Pongsapat Pongcharoen.

Among other things, Suthep alleged that the Pheu Thai supported the red-shirt protests that resulted in rioting and arson attacks in Bangkok.

The Appeals Court reasoned that Suthep's campaign statements were facts that have been widely publicised.

The court also said that the EC had failed to prove that Suthep's statements were false.

Source: http://www.nationmultimedia.com/politics/Sukhumbhand-cleared-to-continue-as-Bkk-governor-30242607.html


-- The Nation 2014-09-05

[Old Man River]

With his connections! what else can you expect.

Forget his connections. He won because he was not guilty to begin with.

Sent from my iPad using Thaivisa Connect Thailand

[seajae]

this is pretty well spot on I think, he was not responsible for what others said especially when it was the truth, everyone knows that the ptp were supporting the reds in 2010 and thaksin was telling them what to do. Would be very strange if telling the truth about what happened was a reason to annul the election result. Great to see common sense prevailed.

[tx22cb]

This is strange - the Courts not agreeing with the Election Commission, albeit it was a half-hearted complaint brought by the EC.

[webfact]

Sukhumband exonerated from vote rigging by Appeals Court ruling

BANGKOK, 5 September 2014 (NNT) - The Appeals Court has ruled that Bangkok Governor Sukhumbhand Paribatra is not guilty of engaging in mudslinging against his rival candidate during the recent gubernatorial election.

The ruling results in M.R. Sukhumbhand remaining in his post as Bangkok Governor until he finishes his term.

MR Sukhumbhand and all of his management team attended the hearing today. The lawsuit was filed against him by the Election Commission (EC) after it had ruled 3-2 to yellow-card the governor.

Complaints were originally filed against the governor by Pheu Thai Party members in March of last year. The EC was urged to probe whether several senior Democrat Party members violated local election law by slandering Pheu Thai candidate Pongsapat Pongcharoen during the campaign to help MR Sukhumbhand win the election.

Many complaints focused on the accusation that ex-Democrat MP Suthep Thaugsuban delivered political speeches at public venues vilifying Mr Pongsapat. The Appeals Court addressed the charges, saying that there is not enough evidence showing that Mr Suthep’s action had led the public to misunderstand Mr Pongsapat’s actions.

After the hearing, MR Sukhumbhand thanked his supporters and vowed to tackle floods and disease outbreaks first as soon as he resumes office.


-- NNT 2014-09-05

[FangFerang]

With his connections! what else can you expect.

Forget his connections. He won because he was not guilty to begin with.

Sent from my iPad using Thaivisa Connect Thailand

R e a l l y ..?....you are seriously buying what they're selling, and at farang prices to boot!

[crobe]

The Appeals Court reasoned that Suthep's campaign statements were facts that have been widely publicised.

The court also said that the EC had failed to prove that Suthep's statements were false.

If the above is true it is the first time I have seen in Thailand that a defamation case can be thrown out due to the facts being true.

I hope this is a precedent that sets the standard of proof being applied to all of defamation cases from now on, and in which case, would bode well for the Andy Hall activist case against Natural Fruit. if it can be proven that he was correct.

[Old Man River]

With his connections! what else can you expect.

Forget his connections. He won because he was not guilty to begin with.

Sent from my iPad using Thaivisa Connect Thailand

R e a l l y ..?....you are seriously buying what they're selling, and at farang prices to boot!

Really.

If you are running for office and a comment is made against your opponent by someone else, should you be blocked from participating in the election?

Sent from my iPad using Thaivisa Connect Thailand

[rubl]

With his connections! what else can you expect.

Forget his connections. He won because he was not guilty to begin with.

Sent from my iPad using Thaivisa Connect Thailand

R e a l l y ..?....you are seriously buying what they're selling, and at farang prices to boot!

Really.

If you are running for office and a comment is made against your opponent by someone else, should you be blocked from participating in the election?

What if the PM joins and tells her government will seemlessly operate with the Bangkok governor when her (brothers) candidate is chosen?

Anyway our governor can start earning his salary again.

[MobileContent]

They will all be not guilty to not only give happy to the Thai people but also to the political parties. This is called Reform and Reconciliation. The only one that doesn't get off the hook will be Thaksin.

[casualbiker]

The Appeals Court reasoned that Suthep's campaign statements were facts that have been widely publicised.

The court also said that the EC had failed to prove that Suthep's statements were false.

If the above is true it is the first time I have seen in Thailand that a defamation case can be thrown out due to the facts being true.

I hope this is a precedent that sets the standard of proof being applied to all of defamation cases from now on, and in which case, would bode well for the Andy Hall activist case against Natural Fruit. if it can be proven that he was correct.

This wasn't a defamation case though!

[Old Man River]

They will all be not guilty to not only give happy to the Thai people but also to the political parties. This is called Reform and Reconciliation. The only one that doesn't get off the hook will be Thaksin.

I could buy this (at twice the price of course), but that would only send the message to everyone that the courts are fixed. Some people already believe this, but if Thailand truly is to be run based on the rule of law, then it needs to be run based on the rule of law.

Sent from my iPad using Thaivisa Connect Thailand

[jaidam]

Lucky he won this appeal, otherwise we'd be saddled with the electricity pole as next runner up.

[pisico]

They will all be not guilty to not only give happy to the Thai people but also to the political parties. This is called Reform and Reconciliation. The only one that doesn't get off the hook will be Thaksin.

I could buy this (at twice the price of course), but that would only send the message to everyone that the courts are fixed. Some people already believe this, but if Thailand truly is to be run based on the rule of law, then it needs to be run based on the rule of law.

Sent from my iPad using Thaivisa Connect Thailand

Rule of Law ? Are you serious? Which ones? The laws written as we speak?

Unless you are referring to the 17 + previous charters. Those are null and void.

We live as guests in a country that is run by decree. Wake up Rip !

[rubl]

They will all be not guilty to not only give happy to the Thai people but also to the political parties. This is called Reform and Reconciliation. The only one that doesn't get off the hook will be Thaksin.

I could buy this (at twice the price of course), but that would only send the message to everyone that the courts are fixed. Some people already believe this, but if Thailand truly is to be run based on the rule of law, then it needs to be run based on the rule of law.

Sent from my iPad using Thaivisa Connect Thailand

Rule of Law ? Are you serious? Which ones? The laws written as we speak?

Unless you are referring to the 17 + previous charters. Those are null and void.

We live as guests in a country that is run by decree. Wake up Rip !

Country run by decree? I vaguely remember people defending the previous government for declaring an Emergency Decree while preparing for general elections.

Anyway the ruling by the Appeals Court shouldn't come as a real surprise as the charge was somewhat frivolent. A source loser party which itself had the PM make statements to indicate why the electorate would be better of choosing her candidate which would allow seemless co-operation between government and Bangkok Governor for the good of the Nation Bangkok[/s], only minimally suggesting choosing the 'other' would be a bad choice.

[pisico]

They will all be not guilty to not only give happy to the Thai people but also to the political parties. This is called Reform and Reconciliation. The only one that doesn't get off the hook will be Thaksin.

I could buy this (at twice the price of course), but that would only send the message to everyone that the courts are fixed. Some people already believe this, but if Thailand truly is to be run based on the rule of law, then it needs to be run based on the rule of law.

Sent from my iPad using Thaivisa Connect Thailand

Rule of Law ? Are you serious? Which ones? The laws written as we speak?

Unless you are referring to the 17 + previous charters. Those are null and void.

We live as guests in a country that is run by decree. Wake up Rip !

Country run by decree? I vaguely remember people defending the previous government for declaring an Emergency Decree while preparing for general elections.

Anyway the ruling by the Appeals Court shouldn't come as a real surprise as the charge was somewhat frivolent. A source loser party which itself had the PM make statements to indicate why the electorate would be better of choosing her candidate which would allow seemless co-operation between government and Bangkok Governor for the good of the Nation Bangkok[/s], only minimally suggesting choosing the 'other' would be a bad choice.

Please illustrate us: 1 single Emergency Decree equals the dozens and dozens of decrees by he Army since May?

Your choice of words maybe neologisms but they escape all dictionaries of standard English the reason your comment remains nebulous: You say: a charge that was FRIVOLENT.

Another cryptic word you use: SEEMLESS.

And the most intriguing: A SOURCE LOSER.

In a prior post you refer to BKK Governor as:OUR GOVERNOR. Unless you are a naturally born Thai it should be THEIR governor.

I hope Thainess (or OCD) is not getting to you.

[rubl]

Rule of Law ? Are you serious? Which ones? The laws written as we speak?

Unless you are referring to the 17 + previous charters. Those are null and void.

We live as guests in a country that is run by decree. Wake up Rip !

Country run by decree? I vaguely remember people defending the previous government for declaring an Emergency Decree while preparing for general elections.

Anyway the ruling by the Appeals Court shouldn't come as a real surprise as the charge was somewhat frivolent. A source loser party which itself had the PM make statements to indicate why the electorate would be better of choosing her candidate which would allow seemless co-operation between government and Bangkok Governor for the good of the Nation Bangkok[/s], only minimally suggesting choosing the 'other' would be a bad choice.

Please illustrate us: 1 single Emergency Decree equals the dozens and dozens of decrees by he Army since May?

Your choice of words maybe neologisms but they escape all dictionaries of standard English the reason your comment remains nebulous: You say: a charge that was FRIVOLENT.

Another cryptic word you use: SEEMLESS.

And the most intriguing: A SOURCE LOSER.

In a prior post you refer to BKK Governor as:OUR GOVERNOR. Unless you are a naturally born Thai it should be THEIR governor.

I hope Thainess (or OCD) is not getting to you.

Excuses for the language errors, I should have used a spell checker

'frivolent' should be 'frivolous'

'seemless' should be 'seamless'

'source loser' should be 'sore loser'

As for 'decrees' well, one restrictive 'Emergency decree" during elections by a government some call democratic should weight more on your mind than whatever decrees a junta which isn't democratic and neither says it is, comes up with. IMHO.

BTW as I've been living and working in Bangkok since 1994 I consider Bangkok 'my' city and the governor 'my' governor even if legally speaking that is incorrect.

[Lite Beer]

BANGKOK
Governor wins EC poll case
Kesinee Taengkhiew
The Nation

Bangkok Governor MR Sukhumbhand Paribatra holds flowers he received from supporters at the Court of Appeals yesterday. The court rejected an Election Commission case against him.

BANGKOK: -- Sukhumbhand back to work today, after appeals court rejects claim of advantage

The Court of Appeals yesterday rejected a request by the Election Commission (EC) to suspend Bangkok Governor MR Sukhumbhand Paribatra.

Following the court's ruling, Sukhumbhand said he would resume his duties as governor from today.

He said he had two immediate concerns: the volume of rainwater falling on the city and the spread of communicable diseases.

His first visit would be to the Bangkok Metropolitan Administration's (BMA) Drainage and Sewerage Department to deal with the effects of rainfall on the capital over the rest of the wet season.

He would also chair a meeting of officials about the water situation to try to prevent any flooding, according to a source close to the governor.

Sukhumbhand, a politician from the Democrat Party whose four-year term in office ends in February 2017, yesterday embraced his mother and his deputy governors upon hearing the court's verdict.

Supporters present when the ruling was read out burst into applause and loud cheers. Some also offered roses to Sukhumbhand.

Asked if he felt the EC's case against him had been a waste of his time in office, the governor said: "I don't want to say it was a waste of time. We would do better by looking forward. The BMA will work with the government in protecting the interests of Bangkok residents, so that it remains a liveable city."

Sukhumbhand hosted a dinner at his home yesterday for BMA executives and senior officials after the court ruling, a source said.

The EC had petitioned the court, asking it to annul Sukhumbhand's victory in last year's Bangkok gubernatorial election.

The agency accused him of winning the election thanks to damaging allegations made against his strongest competitor, Police General Pongsapat Pongcharoen from the Pheu Thai Party.

The Bangkok governor stood down from his duties on March 31 this year, the day the court accepted the EC's petition against him.

The allegations in question were made by Suthep Thaugsuban, then also a Democrat politician, amid campaigning in the run-up to the Bangkok governor's election in March last year.

Suthep alleged that if Pongsapat were to be elected, Bangkok would get a "puppet governor" with connections to former prime minister Thaksin Shinawatra and the red shirts.

He reminded Bangkok voters of the political unrest in 2010, which saw arson attacks and riots in the capital following weeks of street protests by Thaksin's red-shirt supporters. The unrest left more than 90 people dead and over 2,000 others injured.

The Court of Appeals spent about five hours reading its verdict. It found that what Suthep had said during the election campaign consisted of facts that had already been widely publicised.

The court also said that the EC had failed to prove that Suthep's allegations were false.

Veera Yipae, the EC's election director for Bangkok, said that it was not unusual for the court to reject a petition from the agency's petition, because courts had to be completely sure about the evidence.

The governor would now be able to resume his duties, he said.

Sukhumbhand's lawyer, Sawat Charoenphol, said the case should now be regarded as over and the EC could not make any other appeal against the governor in relation to his election.

Winyat Chartmontri, Pongsapat's lawyer whose petition led to the EC case against Sukhumbhand, said yesterday he still believed that Suthep's allegation against the Pheu Thai candidate had adversely affected his support in the governor's election.

Source: http://www.nationmultimedia.com/politics/Governor-wins-EC-poll-case-30242676.html

-- The Nation 2014-09-06

[Bluespunk]

"Winyat Chartmontri, Pongsapat's lawyer whose petition led to the EC case against Sukhumbhand, said yesterday he still believed that Suthep's allegation against the Pheu Thai candidate had adversely affected his support in the governor's election."

Tell the truth, or someone will tell it for you.

Stephanie Klein

Edited September 6, 2014 by Bluespunk

[Eric Loh]

Will the EC do a NACC by amending the laws and bring the charge to the criminal court? Dont think and doubt as they all in this together.

[rubl]

Will the EC do a NACC by amending the laws and bring the charge to the criminal court? Dont think and doubt as they all in this together.

Come on, Eric. first move to the correct topic to prove your statement the NACC amended laws and following that you may come back here.

Now go off young man, do your assigned homework,

uncle rubl

[TallGuyJohninBKK]

The Court of Appeals spent about five hours reading its verdict. It found that what Suthep had said during the election campaign consisted of facts that had already been widely publicised.

The court also said that the EC had failed to prove that Suthep's allegations were false.

Quite a refreshing day in Thailand wherein the TRUTH ends up being judged as a valid defense by the courts in a legal action.

How often do you see that occurring here???

[Robby nz]

Would imagine that if he had been of a mind Suthep could have come out with some more home truths about the PT candidate Pol Gen Pongsapat.

After all the Pl Gen was a member of the committee that made the recommendation to the Dem Govt to award the police station contract to a single contractor.

Those who were here at the time may remember that the Pol Gen at first denied he was on that committee than when proof was produced that he was he changed his story to say he had left the committee before a recommendation was made.

[halloween]

Would imagine that if he had been of a mind Suthep could have come out with some more home truths about the PT candidate Pol Gen Pongsapat.

After all the Pl Gen was a member of the committee that made the recommendation to the Dem Govt to award the police station contract to a single contractor.

Those who were here at the time may remember that the Pol Gen at first denied he was on that committee than when proof was produced that he was he changed his story to say he had left the committee before a recommendation was made.

Could it be that he followed the PTP tradition of being on a committee but not attending any of its meetings?

Edited September 6, 2014 by halloween