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The nine who hold the key to Yingluck's future


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SPECIAL REPORT
The nine who hold the key to Yingluck's future
KESINEE TAENGKHIAO

THE SUNDAY NATION

BANGKOK: -- NINE Supreme Court judges will hear the case involving former prime minister Yingluck Shinawatra over her government's controversial rice-pledging scheme. They must decide by March 19 whether it will go to trial.

Scrutinising the backgrounds of the nine judges selected last Tuesday to hear the case, gives an idea of what the future may hold for Yingluck.

The judges were named after voting by 146 Supreme Court judges.

Yingluck has already been suspended from politics for five years after the National Legislative Assembly impeached her over her failure to stop corruption and massive losses in the rice-pledging scheme.

But after the Office of the Attorney-General took her case to the Supreme Court's Criminal Division for Political Office Holder last week for criminal offences in connection with the rice scheme, Yingluck could now face a criminal trial that has a maximum penalty of 10 years if the nine-judge panel decides to accept the case and finds her guilty.

Her future is in their hands, unless she opts to follow her brother, former PM Thaksin, by fleeing into exile. But Prime Minister Prayut Chan-o-cha has already warned she would not be happy if she runs away from justice.

More than half the nine selected judges has been picked to hear other cases linked to the Thaksin camp. If Yingluck wants to file an objection to the selection of judges, she must do it before the trial starts, unless she can offer valid reasons to justify not doing it earlier. The final decision on whether objections are valid will rest with the judges.

The voting last Tuesday saw the following nine judges get the most support:

Salaiket Wattanapan, chairman of the Supreme Court's Tax Division, received the most votes. He started his career as an official at the Justice Ministry's Department of Probation before passing the exams to become a judge. Salaiket earned a reputation as an honest judge who rose through the ranks of the Supreme Court.

Wirun Saengthian, the Court's Commerce and Economic Division chairman, served as chief justice before rising to this position in 2013.

Thanarerk Nitiseranee, chairman of the Supreme Court’s Criminal Division for Political Office Holders, rose through ranks in the Supreme Court. Before holding his current post, since 2013, he had chaired the Court of Appeals Region 6, overseeing the provinces of Tak, Kamphaeng Phet, and Nakhon Sawan.

Thanasit Nilkamhaeng, the Court's Election Cases Division, rose to the post in 2013. He previously served as the Court of Appeals' Region 7 chairman, with jurisdiction covering western provinces such as Kanchanaburi, Nakhon Pathom and Prachuap Kirikhan. He also served as a member of the Court of Justice Management Committee, which issues directives or announcements and resolutions related to the Supreme Court president's policies.

Sirichai Wattanayothin, Supreme Court vice president, also serves as a member of the Office of the Judicial Commission, which decides on the annual reshuffle of judges and on disciplinary punishment against judges guilty of violating judicial codes of conduct.

Sheep Jullamon, a Supreme Court vice president, has served in several key executive posts such as Court of Appeals Region 1 chairman, Criminal Court director general. Quiet and reserved, Sheep is said to carry out his duties in a forthright manner. He raised objection to a ruling by a judges' panel of the Criminal Court that acquitted former Revenue Department director-general Siroj Sawasdipanich and five others over a malfeasance case in connection with the Shin Corp group's tax evasion allegation. Sheep filed an objection to the acquittal, citing that Sirot should have been found guilty of malfeasance in accordance with Article 157 of the Criminal Code. [Raising objections to other judges' rulings is a system of checks and balances among judges.]

Weerapol Tangsuwan, also a Supreme Court vice president, was chosen by the Supreme Court to hear the corruption case over the procurement of fire-brigade trucks worth Bt6.6 billion in 2011.

In 2012, Weerapol was also chosen to sit on a panel hearing a case filed by the state prosecutors against former prime minister Thaksin Shinawatra and 27 others for malfeasance. Offences were estimated to have cost the state up to Bt4.5 billion in loans extended by the state-run Krung Thai Bank (KTB) to real estate firm Krisada Mahanakorn Group. Thaksin's trial was suspended after he fled the country, but has continued in regard to other defendants.

Ubonrat Luiwikkai, from the Supreme Court's Environment Cases Division, is the only woman judge picked to hear the rice-pledging case. She served as chief justice before rising to chairman of the Commerce Division in 2013.

Thanit Ketsawapitak, a senior judge to the Supreme Court, served as Supreme Court vice president in 2011. He sat on a judge panel that heard the Thai Rak Thai Party dissolution case, which ruled unanimously 9-0 to disband the party. Thanit, however, was among minority judges who disapproved with taking retroactive recourse to the coup order (Council for Democratic Reform (CDR)'s number 27) to cancel the political rights of Thai Rak Thai executives for five years.

Thanit was also a member of the judges' panel that ruled to confiscate Bt46 billion of Thaksin's assets, for benefiting from corrupt dealings while he was prime minister.

While serving as chairman of the consumers division, Thanit was a member of the judges' panel that heard the corruption case over the procurement of fire-brigade trucks for the capital. He was chosen as the presiding judge for the trial that resulted in former deputy interior minister Pracha Maleenont being sentenced to 12 years in jail for violating the Submission of Bids to State Agencies Act 1999.

Of the nine judges, five are on the panel that will hear a case against former prime minister Somchai Wongsawat, Yingluck's brother-in-law, and three others, for malfeasance filed by the NACC over the deadly crackdown on People's Alliance for Democracy protesters in October 2008. The first hearing for that trial is set for May.

Source: http://www.nationmultimedia.com/politics/The-nine-who-hold-the-key-to-Yinglucks-future-30255095.html

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-- The Nation 2015-03-01

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Since the entire purpose of the coup and rewriting of the political scene is to ensure the Shinawatras are decimated and blocked from influence and power. It would be highly unlikely that the hand picked judges hearing this case have any delusions about doing anything more than wielding a rubber stamp.

The only question is how hard will the hammer fall?

They were not hand picked - they were democratically elected, which you seem to hold as the right and proper way to choose people that assume power and responsibility, so what's the problem in using the selection process that you swear by??

They are the best and most able (well educated and intelligent people) as judged and chosen by all of the member judges of the judiciary.

The reason that so many have presided over Shinawatra court cases is because of the enormity of them and the money involved in the frauds he carried out requiring top people to take them on and pass just verdicts, which makes sense, doesn't it?

Better to have people that understand what they are doing than to SELECT members and place them into your cabinet, that don't, and are not suitable for their jobs, with their only remit 'to serve their leader in exile' and make as much money as they can through whatever unscrupulous means available to them in abusing their power with the accepting of bribes commonplace amongst these thieves.

Fair enough, I missed the part that they were voted to the position by other judges. I assumed that the standard method of appointing partisan people to powerful positions would have applied to judge selection as well. A little democracy has sneaked into the process, I sure they will have that loophole sorted soon enough.

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Since the entire purpose of the coup and rewriting of the political scene is to ensure the Shinawatras are decimated and blocked from influence and power. It would be highly unlikely that the hand picked judges hearing this case have any delusions about doing anything more than wielding a rubber stamp.

The only question is how hard will the hammer fall?

They were not hand picked - they were democratically elected, which you seem to hold as the right and proper way to choose people that assume power and responsibility, so what's the problem in using the selection process that you swear by??

They are the best and most able (well educated and intelligent people) as judged and chosen by all of the member judges of the judiciary.

The reason that so many have presided over Shinawatra court cases is because of the enormity of them and the money involved in the frauds he carried out requiring top people to take them on and pass just verdicts, which makes sense, doesn't it?

Better to have people that understand what they are doing than to SELECT members and place them into your cabinet, that don't, and are not suitable for their jobs, with their only remit 'to serve their leader in exile' and make as much money as they can through whatever unscrupulous means available to them in abusing their power with the accepting of bribes commonplace amongst these thieves.

Definition:Democratically Elected: Modern Usage has transgressed somewhat from the (original definition) - An individual or group of individuals brought to power by a majority vote of the electorate.

How can you be democratically elected by your peers? The fact that you have stated ( Your Quote ) " Better to have people that understand what they are doing" indicates to me that they have been hand picked for the job.I suppose,based on your statements, you would be quite happy to have a jury made up of people who understand what they are doing,rather than a jury with an open mind,completely unbiased and willing to listen to the accused statements. Nice day for a hanging,I would say. Bring out the rubber stamps.

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7d

These sycophants have their tongues so far up the general's yellow butt it's not funny.

You must be so proud of yourself in the effort you have made to articulate your feelings. Tell me, was it hard to pick yourself up out of the gutter after you wrote this little piece of diatribe?

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The sorts of loopholes they (the government) are currently sorting out is in not allowing parties to repeatedly win elections through bribing the people with misguided and unaffordable populist policies and then throwing the 'democratic' rulebook out of the window and doing as they choose (sorry, I mean as he so chooses) to enrich themselves at the expense of the people!!!

Ridding the country of the Shinawatras is the simple solution that Prayut has opted for.

None of these guys has the maturity to play by the rules, that is why after 90 years they are still kicking over the game board and making up new rules. He can be your hero if you like, but this is just another chapter of failed governance in a country without vision.

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Since the entire purpose of the coup and rewriting of the political scene is to ensure the Shinawatras are decimated and blocked from influence and power. It would be highly unlikely that the hand picked judges hearing this case have any delusions about doing anything more than wielding a rubber stamp.

The only question is how hard will the hammer fall?

They were not hand picked - they were democratically elected, which you seem to hold as the right and proper way to choose people that assume power and responsibility, so what's the problem in using the selection process that you swear by??

They are the best and most able (well educated and intelligent people) as judged and chosen by all of the member judges of the judiciary.

The reason that so many have presided over Shinawatra court cases is because of the enormity of them and the money involved in the frauds he carried out requiring top people to take them on and pass just verdicts, which makes sense, doesn't it?

Better to have people that understand what they are doing than to SELECT members and place them into your cabinet, that don't, and are not suitable for their jobs, with their only remit 'to serve their leader in exile' and make as much money as they can through whatever unscrupulous means available to them in abusing their power with the accepting of bribes common place amongst these thieves.

Even if they were chosen using a blindfold and a pin the verdict has already been decided by the general.

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Yingluck held the kets to her future previously.

yinglucks government including the women herself promised 6 times before the PDRC started protesting that they had the money to fund the scheme until February, 2014. They told the voters, the majority, the citizens of Thailand that they had the money to fund the rice scheme. Quite simply, THEY DIDN"T… They did not have the money they promised 6 times they did have.

yingluck refused to listen to the well intentioned advice of the World bank, Moody's, Supa, global economists and IMF who all said what did happen will happen. They not only refused to listen to this advice, but denounced the entities that offered it.

Some on this very forum blindly stated yingluck was right and everyone else was wrong.

yinglucks government should not have made promises when they knew they didn't have the money. yingluck should have listened to global entities that are respected. yingluck held her future in her hands and just like a typical shinawatra thought she would be above the law knowing that the very farmers she purported to help will be just as poor next election so she can offer them the same thing again.

The voters have woken up and the only time that the PTP have proven to be held dear by the majority was at an election 4 years ago. Nothing, absolutely nothing since then has shown them to be popular. Unless you use the "all the Thai people I know defense" which sadly is the only defense they have left.

Edited by djjamie
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Good luck to everyone involved with this case. I hope the judges all make a

good decision and give Ms. Yingluck what she deserves.

I believe that it would not be a bad thing for the Shinawatra family to

stay out of politics for 10 years. Thailand should be able to survive without

their influence quite well, actually! It would be nice if the names of Yingluck and Thaksin

just become regular names in the Thai community again, and not names

associated with anything political.

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None of these guys has the maturity to play by the rules, that is why after 90 years they are still kicking over the game board and making up new rules. He can be your hero if you like, but this is just another chapter of failed governance in a country without vision.

When you are playing for high stakes, what do they do with those caught cheating in your country?

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The trial decision need to be a unanimous 9-0 with all judges convinced that a trial is warranted. If not, it's just another farce.

So you think they need an absolute majority to decide on a court case, but 49% gives you the right to run the country any way you see fit?

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The military rule in Thailand ,has since announcing measures like unelected PM continuation - and polls that ""only "" reflect pro Government position 's in popularity cemented its credentials internationally .

Ironically , not as being creditable where judicial freedoms are concerned or free speech in critical thinking.

YS seems to understand the greatest harm she can inflict on what is a doomed situation for all sides is fighting the case .

Sanctions are certain to manifest this year in light of the Governments statements of recent.

And this case if prosecuted will ensure only harsher measures .

Currency falls in the baht ( long over due ) will happen by years end and be far worse than ever dreamt of.

The realities will hit very hard for this Government - and Thai people .

YS and her case won't help.

She is perceived as a political victim here by international observers and her prosecution will just leave little doubt this military Government is not Just in its intensions ...least of which to hold free and fair elections where the people decide on democratic law.

Sanctions are now being viewed as the only path left to the west.

This is the beginning of a very dark period in Thai history

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The military rule in Thailand ,has since announcing measures like unelected PM continuation - and polls that ""only "" reflect pro Government position 's in popularity cemented its credentials internationally .

Ironically , not as being creditable where judicial freedoms are concerned or free speech in critical thinking.

YS seems to understand the greatest harm she can inflict on what is a doomed situation for all sides is fighting the case .

Sanctions are certain to manifest this year in light of the Governments statements of recent.

And this case if prosecuted will ensure only harsher measures .

Currency falls in the baht ( long over due ) will happen by years end and be far worse than ever dreamt of.

The realities will hit very hard for this Government - and Thai people .

YS and her case won't help.

She is perceived as a political victim here by international observers and her prosecution will just leave little doubt this military Government is not Just in its intensions ...least of which to hold free and fair elections where the people decide on democratic law.

Sanctions are now being viewed as the only path left to the west.

This is the beginning of a very dark period in Thai history

Thank you Nostradamus. Any hints on which countries are planning sanctions? No chance of a "democracy restoring" invasion, then?

I just hope they don't seize her assets, the earth might stop rotating.

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None of these guys has the maturity to play by the rules, that is why after 90 years they are still kicking over the game board and making up new rules. He can be your hero if you like, but this is just another chapter of failed governance in a country without vision.

When you are playing for high stakes, what do they do with those caught cheating in your country?

My country doesn't have a history of having a coup every time the establishment feels uncomfortable and then writing a fresh constitution to legalize the coup while criminalizing the former administration and limiting electoral power to the majority, and making it illegal to speak negatively about the process.

But if you can ask your question in a more specific way I might be able to answer it.

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Certainly not my hero, but more a better choice as the previous government. Though I could tell you plenty of things that I don't like what they are doing. I do hope that YL does some time as it might send a signal to others to be more careful in future. This might help against the next party that wants to take all power. (yes I know the general has all power now) But before YL tried to do the same by putting her patsies in strategic places.

Seriously if the previous government had dome some governing instead of helping dear brother and playing by the rules this coup would never have happened. (or it had failed for lack of support). The previous bunch was such a bunch of crooks who thought lying was ok (public statement from one of her ministers Kittiratt Minister of white and black lies. Nepotism all around there. But now I see the same on a smaller scale so much for this new government having no corruption. Still its less as before so a step forward. Lets hope that from this step other steps forward happen.

But part of progress is finally punishing those that are corrupt and for that YL will make a fine example. Maybe if one of the bigshots end in jail others will be more careful in future. Because all action against corruption has been without teeth when it comes to big shots.

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