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Tarit's 'victim of the system' defence duly ignored


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EDITORIAL
Tarit's 'victim of the system' defence duly ignored
The Nation

BANGKOK: -- The convicted former DSI chief, a political chameleon, perhaps embodies the bureaucracy's deepest flaw

Tarit Pengdith's portrayal of himself as a "victim" became even more glaringly ironic a few days ago when the former head of the Department of Special Investigation (DSI) was handed a two-year jail term after being found guilty of unfairly demoting a subordinate in 2012.

A key figure in the country's political divide, Tarit courted controversy by switching allegiance depending on which party held the reins of power and since then offering the hollow defence that he had no choice in any of the actions he took - because he was only following orders.

He was the department's most powerful administrator during both the Democrat and Pheu Thai governments. In the last days of the Abhisit Vejjajiva administration he led a crackdown on what he called "terrorists" - red-shirt hardliners and other leaders of their alleged violent plots. Then, when the pro-red-shirt Yingluck Shinawatra camp was elected to rule, Tarit turned his aim against senior members of the Abhisit regime. The hunter of "terrorists" became the hunter of terrorist hunters.

But whether Tarit had a choice in redirecting his loyalties is secondary to the widespread perception of him as a typical senior bureaucrat toiling under a bad system. The court's prison verdict stemmed from a transfer order he issued in 2012. Army Col Piyawat Kingkate accused him and former Justice Ministry deputy permanent secretary Charnchao Chaiyanukij of malfeasance after being transferred from the helm of the DSI's Bureau of Intellectual Property Crime to a post elsewhere in government that the colonel considered inferior.

The Criminal Court found Tarit guilty of abuse of power, but acquitted Charnchao, citing lack of evidence. This undoubtedly will amplify talk that Tarit is another "sacrificial lamb" in the political turmoil.

No one in the bureaucracy is entirely free from blame in this enduring crisis. Transfers involving military, police and Finance Ministry officials, for example, have always been believed motivated primarily by politics. While some transfers might be justified in terms of the individual's abilities, most smack of nepotism, vengeance or partisanship. Col Piyawat argued that his mishandling was among the worst cases on the books, and the court evidently agreed.

The judge ruled that the timing of Piyawat's transfer was most likely related to the seizure of assets from suspects in a financial pyramid scheme and especially to the subsequent cancellation of that seizure order.

The court suspected the transfer might have stemmed from a conflict with Tarit and duly deemed the former DSI boss guilty of malfeasance.

The fate - and the behaviour - of senior Thai bureaucrats have long depended on which way the political wind is blowing. Neither dictatorial regimes nor fully democratic governments have been able to correct this fundamental flaw in the way the country is run.

The barrier to making adjustments can in part be blamed on the fact that each case has its own characteristics. No one case suggests a blanket assessment of the system as a whole.

The military junta recently purged several senior Education Ministry officials and the public consensus was that it done so in good faith. Thawil Pliensri, a National Security Council official removed from his post ostensibly for justifiable reasons, helped trigger the collapse of the Yingluck government because the judiciary saw his transfer as part of a scheme to install a politically connected figure as the new police chief. There was also bureaucratic involvement in the massive graft uncovered in the rice-pledging scheme.

Clearly, reforming the bureaucracy will be complicated. As an initial step, we need the accused officials to abandon the "victim of the system" self-defence. If the bureaucrats do their duty conscientiously, in the best interests of the citizenry, and refuse - backed by the courts - to implement damaging orders at the whim of politicians, we can at least hope that the problem will take care of itself.

Source: http://www.nationmultimedia.com/opinion/Tarits-victim-of-the-system-defence-duly-ignored-30266620.html

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-- The Nation 2015-08-15

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former head of the Department of Special Investigation (DSI) was handed a two-year jail term after being found guilty of unfairly demoting a subordinate in 2012.

You have to admit that Tarit the special investigator was in over his head. He didn't even notice that someone built a road through his land, narrowly missing his house, to access neighboring parkland. A mere victim of circumstance I'm sure.

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I am awaiting the day the Mr Chalerm is brought to justice ' The reinstatement, promotions, and positions he arranged for his little munchkins, plus his guarding responsibility of stored rice and the additional money he requested and is reported to have received might be viewed in a similar manner (abuse of power, malfeasense of duty, etc.)

Guess he knows the way to Sweden already and can adjust to the laws of that country.

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Isn't it the civil servant's job to implement the policies of the current ruling government, regardless of political persuasion?

Just asking...

Not when he is a copper, and the current ruling government's policy is ti ignore criminality. Just how little do you know of democracy and the pillars that support it?

Justice - Attempts to ensure that all people are protected

and treated fairly and equally according to law.

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Isn't it the civil servant's job to implement the policies of the current ruling government, regardless of political persuasion?

Just asking...

Not when he is a copper, and the current ruling government's policy is ti ignore criminality. Just how little do you know of democracy and the pillars that support it?

Justice - Attempts to ensure that all people are protected

and treated fairly and equally according to law.

Clearly, I know very little of democracy and the pillars that support it coffee1.gif

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"A key figure in the country's political divide, Tarit courted controversy by switching allegiance depending on which party held the reins of power and since then offering the hollow defence that he had no choice in any of the actions he took - because he was only following orders."

Ah, the third reich's choice of defence at Nuremberg.

Nice one.

Edited by Bluespunk
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You can get jail time for transferring someone in their job? Now tarit might be the most corrupt man on earth, but u have got to be kidding.

Read some more about it. The charge was malfeasance. His junior was seizing the assets of those found guilty in the lottery scam. Tarit removed him and reversed the seizure decision - I wonder why?

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You can get jail time for transferring someone in their job? Now tarit might be the most corrupt man on earth, but u have got to be kidding.

Read some more about it. The charge was malfeasance. His junior was seizing the assets of those found guilty in the lottery scam. Tarit removed him and reversed the seizure decision - I wonder why?

So the punishment wasn't for transferring someone....where is the main story, it sounds like a movie.

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You can get jail time for transferring someone in their job? Now tarit might be the most corrupt man on earth, but u have got to be kidding.

Read some more about it. The charge was malfeasance. His junior was seizing the assets of those found guilty in the lottery scam. Tarit removed him and reversed the seizure decision - I wonder why?

So the punishment wasn't for transferring someone....where is the main story, it sounds like a movie.

The OP.

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Chameleon! This guy teaches chameleons how to change colour. He cut red shirt political cases in his hand from the 281 during the Right Honourable Abhisit's time in power to 48 cases when yingluck came to power and to just four cases the year after. In fact, even YS benefited from Tarit's unbelievable colour changing tactic as Tarit chose to drop her asset concealment case.

With his "if you can't beat them join them mentality" I will not be surprised if he becomes a court judge.

Where do the PTP hierarchy find these people.. A zoo has less colourful characters. (pun intended)

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Isn't it the civil servant's job to implement the policies of the current ruling government, regardless of political persuasion?

Just asking...

The PM of the day had no idea what the policies were---she only followed orders, apart from that she was mostly abroad promoting tourism in Montenegro --so these guys were on a ( I can do as I like )

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"The court suspected the transfer might have stemmed from a conflict with Tarit and duly deemed the former DSI boss guilty of malfeasance."

In a typical Western democratic judicial system the above would have read in a guilty verdict:

"The court concurred that the transfer did stem from a conflict with Tarit and duly deemed the former DSI boss guilty of malfeasance."

In American/British/European judicial systems the courts do not make rulings based on illusions, suppositions and guesses. They are based on EVIDENCE that includes connective circumstantial evidence. The Thai courts appear not only to operate as judges but as the prosecution.

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"The court suspected the transfer might have stemmed from a conflict with Tarit and duly deemed the former DSI boss guilty of malfeasance."

In a typical Western democratic judicial system the above would have read in a guilty verdict:

"The court concurred that the transfer did stem from a conflict with Tarit and duly deemed the former DSI boss guilty of malfeasance."

In American/British/European judicial systems the courts do not make rulings based on illusions, suppositions and guesses. They are based on EVIDENCE that includes connective circumstantial evidence. The Thai courts appear not only to operate as judges but as the prosecution.

Based on the assumption that the court verdict delivered in Thai was accurately translated.

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I am awaiting the day the Mr Chalerm is brought to justice ' The reinstatement, promotions, and positions he arranged for his little munchkins, plus his guarding responsibility of stored rice and the additional money he requested and is reported to have received might be viewed in a similar manner (abuse of power, malfeasense of duty, etc.)

Guess he knows the way to Sweden already and can adjust to the laws of that country.

Would that he could be brought to justice. Oh precious heart! The problem is, surely, that he hasn't broken any Thai laws, at least not intentionally. Well, maybe intentionally, but it was one of those honest mistakes. The man is a legendary survivor.

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I am awaiting the day the Mr Chalerm is brought to justice ' The reinstatement, promotions, and positions he arranged for his little munchkins, plus his guarding responsibility of stored rice and the additional money he requested and is reported to have received might be viewed in a similar manner (abuse of power, malfeasense of duty, etc.)

Guess he knows the way to Sweden already and can adjust to the laws of that country.

Would that he could be brought to justice. Oh precious heart! The problem is, surely, that he hasn't broken any Thai laws, at least not intentionally. Well, maybe intentionally, but it was one of those honest mistakes. The man is a legendary survivor.

Not anymore.

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