NLA rejects NACC's impeachment case against Somsak and Nikhom

[webfact]

NLA rejects NACC's impeachment case against Somsak and Nikhom



BANGKOK: -- The National Legislative Assembly has rejected the National Anti-Corruption Commission’s case to impeach former parliament president Somsak Kiatsuranont and former Senate speaker Nikhom Wairachpanich.

The NACC has wanted to impeach the two former legislators for their role in abetting and supporting the attempt of then MPs of the Pheu Thai and coalition parties and senators to amend the Constitution to change the composition of the Senate.

In sending back the case to the NACC for reconsideration on the question of the legality of the case, the NLA noted that the case was considered by the graft-busting body while the 2007 Constitution was in force and now the charter was already revoked and replaced by a provisional charter.

The NACC held a meeting today to consider the impeachment case which was returned by the NLA. It also considered the impeachment case against former prime minister Yingluck Shinawatra for her failure to stop the controversial rice pledging scheme causing massive damage to the state.

Meanwhile, the NACC is due to considering whether a panel should be formed to probe allegations against former prime minister Abhisit Vejjajiva for abuse of power in shutting down satellite station during the red-shirt protest in 2010. The shutdown led to the closure of 36 local websites and 15 foreign websites abroad.

(Photo : ThaiPBS file)

Source: http://englishnews.thaipbs.or.th/nla-rejects-naccs-impeachment-case-somsak-nikhom/


-- Thai PBS 2014-09-30

[smutcakes]

Left hand meet right hand- are all these separate bodies reading off the same legal hymn sheet?

If what they did was illegal arrest them, if they are innocent leave it.

Judicial review and the laws needs to be expedited urgently. So much of these problems come from the ambiguity of the law.

As an IMO it seems so many of these bodies are trying to buy time to see where the gold goes once the dust settles.

[ChrisY1]

Again....the noted rarely get taken down............

[CiaranO]

The NLA are under the control of the army not matter what way you want to dress it up. They will do what the general says - end of.

The General is a smart man and knows not to rock the boat with impeachments and hearings that will serve only to bring the red shirts out. Its been a relatively quiet coup - I think he palns to keep it that way.

[chotthee]

Again....the noted rarely get taken down............

Rich people no go jail.

[JOC]

The NLA are under the control of the army not matter what way you want to dress it up. They will do what the general says - end of.

The General is a smart man and knows not to rock the boat with impeachments and hearings that will serve only to bring the red shirts out. Its been a relatively quiet coup - I think he palns to keep it that way.

If the General is such a smart man, maybe he should reconsider his choice of Minister for Tourism?

[djjamie]

WOW. So the Junta are receptive to justice. This does not suit the terrorists narrative. Grand conspiracy apparently with justice going against the PTP. Can't see that here.

The UDD leaders Maoist theory of the masses fighting against the elite is crumbling just as the PTP's adherence to democracy did (Protestors are garbage and we will not allow any transparency in the Chinese rice deals)

I wonder what the excuse will be especially when the red shirts under the accused terrorist, accused mass murderer and convicted criminal fugitive said that under no circumstances should the red shirts come out. Even posting a picture just after the coup with him showing a sign saying "Wait"

So to defy all logic (But to reinforce PTP logic) the excuse was;

"The General is a smart man and knows not to rock the boat with impeachments and hearings that will serve only to bring the red shirts out"

That is PTP logic folks right there!!!!

Next they will say the General caused the typhoon that made the internet run slow……

I came to this site for the interesting information, but I keep coming back for these wonderful pearls of wisdom from the inarticulate.

In summary I truly believe Somsak is guilty, BUT I will respect democracy and the rule of law and instead of throwing shit at the judges like monkeys or burning effigies of the judges like terrorists I will accept the ruling and move on.

What a refreshing change democracy can be.

[rickirs]

Isn't it a little bit of hypocrisy for the NACC to be charging any former government official regardless of political party affiliation for abuse of power occurring prior to May 2014 and after the 2011 election when the current government came to power only through the aborgation of the 2007 Constitution? By the terms of Article 68 of the Constitution such overthrow of the government would be an abuse of power:

"No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution."

The seriousness of violating Article 68 by means of a military coup seems to be fully recognized by the Junta such that it included in the 2014 Interim Constitution an amensty for its coup. NACC gives a whole new meaning of living in an "ivory tower."

[Eric Loh]

We can actually expect something like this will happen next. NACC will re-intensify their effort by interpreting the laws to suit their agenda to impeach Yingluck, Somsak and Nikhom. They will even stoop so low to refer to the 1997 constitution. As for the Ahbisit case, they will conclude that they are not the right agency and cease the investigation. Really very predictable.

[rubl]

Isn't it a little bit of hypocrisy for the NACC to be charging any former government official regardless of political party affiliation for abuse of power occurring prior to May 2014 and after the 2011 election when the current government came to power only through the aborgation of the 2007 Constitution? By the terms of Article 68 of the Constitution such overthrow of the government would be an abuse of power:

"No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution."

The seriousness of violating Article 68 by means of a military coup seems to be fully recognized by the Junta such that it included in the 2014 Interim Constitution an amensty for its coup. NACC gives a whole new meaning of living in an "ivory tower."

Talk about hypothetical or should that be hypocritical ?

Whether or not the NACC should investigate the junta is totally irrelevant. Under Martial Law they are not allowed to and under the Interim Constitution they have no reason.

[rubl]

We can actually expect something like this will happen next. NACC will re-intensify their effort by interpreting the laws to suit their agenda to impeach Yingluck, Somsak and Nikhom. They will even stoop so low to refer to the 1997 constitution. As for the Ahbisit case, they will conclude that they are not the right agency and cease the investigation. Really very predictable.

Well, if the NACC would follow your advise, I'm sure the NLA representing both parliament and Senate, would tell them to stuff it.

Very predictable indeed.

[Sarathi]

Pretty tricky for the Junta (who control the NLA) to prosecute PTP for 'overthrowing democracy with King as head of state', when it was they, in fact who did that.

This has nothing to do with justice, or the rule of law.

It has everything to do with the totally politicised courts, NLA, NACC, bureaucracy and all the rest of it.

The question is, with the removal of the Guy in Dubai and his proxies, how long before this coalition of powerbrokers turn on each other? Even the army has a number of different factions.

[drand11]

7first person to be invesyigated should be Junta. Is a Coup a legal procedure under one's Constitution? I think not!

[rubl]

Pretty tricky for the Junta (who control the NLA) to prosecute PTP for 'overthrowing democracy with King as head of state', when it was they, in fact who did that.

This has nothing to do with justice, or the rule of law.

It has everything to do with the totally politicised courts, NLA, NACC, bureaucracy and all the rest of it.

The question is, with the removal of the Guy in Dubai and his proxies, how long before this coalition of powerbrokers turn on each other? Even the army has a number of different factions.

Actually the NAAC wanted to impeach the former parliament president and former Senate speaker for their role in abetting and supporting the attempt of then MPs of the Pheu Thai and coalition parties and senators to amend the Constitution to change the composition of the Senate. Following the NLA rejected the impeachment case.

So, your post has nothing to do with the topic. It seems you just use the opportunity to distract and divert.

[Sarathi]

Pretty tricky for the Junta (who control the NLA) to prosecute PTP for 'overthrowing democracy with King as head of state', when it was they, in fact who did that.

This has nothing to do with justice, or the rule of law.

It has everything to do with the totally politicised courts, NLA, NACC, bureaucracy and all the rest of it.

The question is, with the removal of the Guy in Dubai and his proxies, how long before this coalition of powerbrokers turn on each other? Even the army has a number of different factions.

Actually the NAAC wanted to impeach the former parliament president and former Senate speaker for their role in abetting and supporting the attempt of then MPs of the Pheu Thai and coalition parties and senators to amend the Constitution to change the composition of the Senate. Following the NLA rejected the impeachment case.

So, your post has nothing to do with the topic. It seems you just use the opportunity to distract and divert.

Thank you sir.

I understand that the issue on the compilation of the senate, according to the court case, is one of 'overthrow' of the constitution and democracy (ironically, by making the Senate more democratic)

I certainly don't want to distract or divert anyone from the fascinating discussions here.

"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."

[fab4]

Isn't it a little bit of hypocrisy for the NACC to be charging any former government official regardless of political party affiliation for abuse of power occurring prior to May 2014 and after the 2011 election when the current government came to power only through the aborgation of the 2007 Constitution? By the terms of Article 68 of the Constitution such overthrow of the government would be an abuse of power:

"No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution."

The seriousness of violating Article 68 by means of a military coup seems to be fully recognized by the Junta such that it included in the 2014 Interim Constitution an amensty for its coup. NACC gives a whole new meaning of living in an "ivory tower."

Talk about hypothetical or should that be hypocritical ?

Whether or not the NACC should investigate the junta is totally irrelevant. Under Martial Law they are not allowed to and under the Interim Constitution they have no reason.

and of course you're not in the least bit critical of those circumstances are you? In fact you mainly make excuses for the junta as can be seen by this post. Do you have any principles?

[rubl]

Isn't it a little bit of hypocrisy for the NACC to be charging any former government official regardless of political party affiliation for abuse of power occurring prior to May 2014 and after the 2011 election when the current government came to power only through the aborgation of the 2007 Constitution? By the terms of Article 68 of the Constitution such overthrow of the government would be an abuse of power:

"No person shall exercise the rights and liberties prescribed in the Constitution to overthrow the democratic regime of government with the King as Head of State under this Constitution or to acquire the power to rule the country by any means which is not in accordance with the modes provided in this Constitution."

The seriousness of violating Article 68 by means of a military coup seems to be fully recognized by the Junta such that it included in the 2014 Interim Constitution an amensty for its coup. NACC gives a whole new meaning of living in an "ivory tower."

Talk about hypothetical or should that be hypocritical ?

Whether or not the NACC should investigate the junta is totally irrelevant. Under Martial Law they are not allowed to and under the Interim Constitution they have no reason.

and of course you're not in the least bit critical of those circumstances are you? In fact you mainly make excuses for the junta as can be seen by this post. Do you have any principles?

Of course I'm critical. I live in Bangkok. Do you think it's nice to have nightly gunfire and grenades around you?

Furthermore you should read again. I don't make excuses, I simply explain.

As for principles, well, let's say I've got at least as many as you do