Nikom says he will sue if NLA proceeds with impeachment

[webfact]

Nikom says he will sue if NLA proceeds with impeachment
KHANITTHA THEPPHAJORN
THE NATION

SAYS HE WILL TAKE CASE TO COURT IN ORDER TO PROTECT OTHER ELECTED POLITICIANS

BANGKOK: -- A FORMER Parliament vice-president yesterday threatened to take legal action against the National Legislative Assembly (NLA) if it went ahead with moves to have him impeached.

Nikom Wairatpanich called on the NLA to be cautious and follow legal technicalities when launching an impeachment case against him and former Parliament president Somsak Kiatsuranon. The two impeachment cases are to be forwarded to the NLA by the National Anti-Corruption Commission (NACC).

"The NLA's decision [to impeach us] will set the standard for other impeachment cases in the future. If the NLA pursues the impeachment case against me, I will take the case to court to find out if NLA's action is lawful or not in order to protect elected politicians in the future," Nikom said.

He argued that cases submitted by the NACC were based on the previous Constitution, which was torn up by the National Council for Peace and Order (NCPO).

The NACC on Tuesday decided to go ahead with pursuing impeachment cases against politicians, including former premier Yingluck Shinawatra, and said it would forward these cases to the NLA for consideration.

The anti-graft body cited its authority based on Article 64 of the Corruption Act and the 2014 provisional charter, which states that the NLA acts as the Senate as well as the House of Representatives.

The NACC had earlier forwarded recommendations for the impeachment of Somsak and Nikom to the Senate before it was dissolved after the May 22 coup. The pair was found guilty of violating the Constitution by pushing for a charter amendment on the make-up of the Senate.

Meanwhile, there appeared to be some discord among NLA members over whether or not they have the authority to consider impeachment cases.

NLA President Pornpetch Vichitcholachai yesterday admitted that the NLA's authority to impeach politicians was still under dispute, but said this contention should finally be resolved at an NLA meeting.

Pornpetch said the revocation of the 2007 Constitution had caused confusion over whether the NLA had the authority to impeach politicians. However, he said, the NLA has yet to receive the impeachment cases against Somsak and Nikom from the NACC.

NLA member Thaweesak Suthaka-vathin also expressed concerns on this issue, saying the NLA needs to exercise its powers according to law and not based on members' prejudices.

Somchai Sawangkarn, another NLA member, said he did not think the dispute would be handed over to the Constitutional Court for review as some have suggested, because it was an internal affair of the NLA.

He said Article 5 of the 2014 Provisional Constitution states that in cases where questions related to the internal affairs of the NLA arise, they would be decided by the assembly itself. However, if the issue is beyond the jurisdiction of the NLA, the NCPO, the Council of Ministers, the Supreme Court or Supreme Administrative Court may ask the Constitutional Court to make a decision.

Section 5. In the case where the question concerning the decision under paragraph one arises in the affairs of the National Legislative Assembly, it shall be decided by the National Legislative Assembly. If the question does not arise in the affairs of the National Legislative Assembly, the National Council for Peace and Order, the Council of Ministers, the Supreme Court or the Supreme Administrative Court may request the Constitutional Court to make decision thereon, but the request of the Supreme Court or the Supreme Administrative Court shall be approved by the plenary session of the Supreme Court or the Supreme Administrative Court and on the matter related to the trial and adjudication of cases.

Source: http://www.nationmultimedia.com/politics/Nikom-says-he-will-sue-if-NLA-proceeds-with-impeac-30244584.html


-- The Nation 2014-10-02

[ramrod711]

Nikom says he will sue if NLA proceeds with impeachment

This definitely falls into the "who cares" category. Every rich politician in Thailand seems to be suing someone, the libel suits are my favorites. You know the ones, "he said that I did such and such", did you? "well yes but he can't say that I did". The hub of ridiculous lawsuits.

[Gunna]

What NACC is saying is it doesn't matter that the Constitution no longer exists, when you did the illegal act it was in force.

eg I rob a bank and afterwards the bank goes bankrupt and is closed down. I still get charged for bank robbery even though the bank no longer exists.

The PTP thought they were above the law when they were in power and still think the same way.

The sooner most of them are banned from politics the better and then jail them through the civil courts for their illegal activities

[lvr181]

What NACC is saying is it doesn't matter that the Constitution no longer exists, when you did the illegal act it was in force.

eg I rob a bank and afterwards the bank goes bankrupt and is closed down. I still get charged for bank robbery even though the bank no longer exists.

Some common sense being applied, would be nice for a change!

Big money for lawyers NOT applying common sense though.

[h90]

Nikom says he will sue if NLA proceeds with impeachment

This definitely falls into the "who cares" category. Every rich politician in Thailand seems to be suing someone, the libel suits are my favorites. You know the ones, "he said that I did such and such", did you? "well yes but he can't say that I did". The hub of ridiculous lawsuits.

Just for example Sondhi (from the PAD) had 500 cases, mostly Thaksin sueing him at court.

If you have enough money, your layer can open 10 cases every day. You can even be a criminal on the run to open libel cases against people calling you criminal on the run.....

Side effect is that the courts can't do anything real anymore because they are full with nonsense for the next 20 years.

[rickirs]

"... if the issue is beyond the jurisdiction of the NLA, the NCPO, the Council of Ministers, the Supreme Court or Supreme Administrative Court may ask the Constitutional Court to make a decision."

Does anyone seriously believe that the NCPO who has absolute power over the BLA and Courts does not have the necessary jurisdiction to act on and decide on whatever issue it so chooses? While it would be a profound democratic event for the Supreme Court to overrule the Junta on a legal matter or action, it's just not realistic when the Junta has the absolute power over the Constitution, issue directives having with the force of law, and nominate and/or appoint members to the NLA, NRC, Ombudsman, the Courts, etc.

But doesn't everyone want an accountable government? Nikom's threat of a lawsuit is an attempt to make the impreachment process accountable, albeit it must fail given the current lack of any democratic institutions that can provide for a check and balance against abuse of power.

(recall also that 7 of the original 8 Supreme Court Justices were appointed by approval of the 2006 military coup-one since retired)

[Robby nz]

"... if the issue is beyond the jurisdiction of the NLA, the NCPO, the Council of Ministers, the Supreme Court or Supreme Administrative Court may ask the Constitutional Court to make a decision."

Does anyone seriously believe that the NCPO who has absolute power over the BLA and Courts does not have the necessary jurisdiction to act on and decide on whatever issue it so chooses? While it would be a profound democratic event for the Supreme Court to overrule the Junta on a legal matter or action, it's just not realistic when the Junta has the absolute power over the Constitution, issue directives having with the force of law, and nominate and/or appoint members to the NLA, NRC, Ombudsman, the Courts, etc.

But doesn't everyone want an accountable government? Nikom's threat of a lawsuit is an attempt to make the impreachment process accountable, albeit it must fail given the current lack of any democratic institutions that can provide for a check and balance against abuse of power.

(recall also that 7 of the original 8 Supreme Court Justices were appointed by approval of the 2006 military coup-one since retired)

It is not an attempt to make anything accountable it is the same old PT trick of threats and intimidation they have used so many times before.

They should have learnt by now that it doesn't work.

Crying shame Thaksin wasn't able to appoint the Supreme Court Judges isn't it ?

If PT had been allowed to continue or get another term in office then no doubt he would have appointed the next lot.

[JacChang]

Sounds right to me.

If it was illegal to buy booze during new year, and that person did buy it during new years. It doesn't matter if buying booze is legal now does it? Crime happened during that timing situation = valid

[rubl]

"... if the issue is beyond the jurisdiction of the NLA, the NCPO, the Council of Ministers, the Supreme Court or Supreme Administrative Court may ask the Constitutional Court to make a decision."

Does anyone seriously believe that the NCPO who has absolute power over the BLA and Courts does not have the necessary jurisdiction to act on and decide on whatever issue it so chooses? While it would be a profound democratic event for the Supreme Court to overrule the Junta on a legal matter or action, it's just not realistic when the Junta has the absolute power over the Constitution, issue directives having with the force of law, and nominate and/or appoint members to the NLA, NRC, Ombudsman, the Courts, etc.

But doesn't everyone want an accountable government? Nikom's threat of a lawsuit is an attempt to make the impreachment process accountable, albeit it must fail given the current lack of any democratic institutions that can provide for a check and balance against abuse of power.

(recall also that 7 of the original 8 Supreme Court Justices were appointed by approval of the 2006 military coup-one since retired)

If k. Nikom is so concerned and really wants to make the impeachment process accountable, he shouldn't threaten. He should just do.