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Thai Supreme Court bans state attorney general to act as lawyer for defendants


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Supreme Court bans state attorney general to act as lawyer for defendants

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BANGKOK: -- The 9-member panel of the Supreme Court's Criminal Division for Holders of Political Offices has resolved to ban state attorney general to act as lawyer to defend for defendants in the case which the state is a damaged party.

The Supreme’s resolution was reached with a vote of 8 to 1.

The court’s decision came as the former prime minister Somchai Wongsawat and three other former government officials were charged by the National Anti-Corruption Commission (NACC) for ordering the violent dispersal of anti government protesters in 2003 that resulted in many casualties.

The NACC first asked the Office of the Attorney General to proceed the case in the Supreme Court’s Criminal Division for Holders of Political Offices but was rejected with reason that the case lacked substantial evidence.

This prompted the NACC to bring the case to the Supreme Court by itself.

The Supreme Court learned later that the Office of the Attorney-General refused to prosecute the four because they have acted as lawyer for the defendants.

In the first hearing of the case on August 18, the Supreme Court didn’t proceed the hearing because of the fact that the former prime minister had appointed state attorney general to act as their lawyer to defend for them.

On the issue, the Supreme Court’s 9-member panel had debated widely and concluded with a 8-1 agreement that the state attorney general has the duty to defend for the state in the case which the state is a damaged party, or the state organisation or state agency is the accuser.

The state attorney general is not authorised to defend for the defendants, the Court said and ordered the former prime minister and his colleagues to appoint new lawyer to defend for them in the case.

The NACC charged Mr Somchai, former prime minister Gen Chavalit Yongchaiyuth, former national police chief Pol Gen Pacharawat Wongsuwan, former Bangkok police chief Pol Lt Gen Suchart Muenkaew, of power abusing in ordering the violent crackdown of yellow shirt anti government protesters on October 7, 2008 that resulted in two killed 471 injured.

The NACC brought the case to the Office of the Attorney General to prosecute them in the Supreme Court but was stranded with reason from the state attorney general the case fikevwss incomplete.

A committee represented by the two state agencies was appointed to resolve the indifference but could not reach any compromise. The NACC then decided to prosecute the defendants by itself in the Supreme Court.

(Photo : Thai PBS File)

Source: http://englishnews.thaipbs.or.th/supreme-court-bans-state-attorney-general-to-act-as-lawyer-for-defendants

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-- Thai PBS 2015-08-20

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2003? I thought this happened in 2008 when the (definetely peaceful and law abiding and respectful nationalistic disenfranchised middle class) protesters closed off the Airport. It wasn't 2010, because that was when the Dems were in power and the (disrespectful communist terrorist uneducated trouble maker) protesters were rallying in the middle of Bangkok.

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2003? I thought this happened in 2008 when the (definetely peaceful and law abiding and respectful nationalistic disenfranchised middle class) protesters closed off the Airport. It wasn't 2010, because that was when the Dems were in power and the (disrespectful communist terrorist uneducated trouble maker) protesters were rallying in the middle of Bangkok.

Says a lot about the Attorney General."No sorry we won't do our duty as state prosecutor and prosecute, er, lack of evidence we reckon. Oh, by the way we are going to act as their defense council".

No wonder why this office never wants to prosecute Thaksin, Yingluck or any Shin gang members.

A conflict of interests - just a tad!

Time for a sort of the OAG, and well overdue.

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2003? I thought this happened in 2008 when the (definetely peaceful and law abiding and respectful nationalistic disenfranchised middle class) protesters closed off the Airport. It wasn't 2010, because that was when the Dems were in power and the (disrespectful communist terrorist uneducated trouble maker) protesters were rallying in the middle of Bangkok.

Says a lot about the Attorney General."No sorry we won't do our duty as state prosecutor and prosecute, er, lack of evidence we reckon. Oh, by the way we are going to act as their defense council".

No wonder why this office never wants to prosecute Thaksin, Yingluck or any Shin gang members.

A conflict of interests - just a tad!

Time for a sort of the OAG, and well overdue.

Progressive unraveling of the Thaksin cobweb of bought and paid for state officials.

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2003? I thought this happened in 2008 when the (definetely peaceful and law abiding and respectful nationalistic disenfranchised middle class) protesters closed off the Airport. It wasn't 2010, because that was when the Dems were in power and the (disrespectful communist terrorist uneducated trouble maker) protesters were rallying in the middle of Bangkok.

Says a lot about the Attorney General."No sorry we won't do our duty as state prosecutor and prosecute, er, lack of evidence we reckon. Oh, by the way we are going to act as their defense council".

No wonder why this office never wants to prosecute Thaksin, Yingluck or any Shin gang members.

A conflict of interests - just a tad!

Time for a sort of the OAG, and well overdue.

Progressive unraveling of the Thaksin cobweb of bought and paid for state officials.

You are absolutely and totally correct, yes we would all like this cleansing process to be completed in weeks or months but it just can't happen that quickly. The required change in this country could well take years or in some cases generations, but at least we have a government that recognizes where the problems are and is prepared to do something about them.

It's probably worth remembering that this totally unbelievable situation will not have arisen due to chance or coincidence, this has been created by those at the very top of the previous administration. It was created as another level of protection and insurance should the wheels ever come off the gravy train.

Over the course of time it will be necessary to peel away these multi layered tools of greed, corruption and maladministration, like peeling an onion it will have to be doe methodically and carefully. Eventually once so many layers have been removed, the previous recipients of the corrupt proceeds and largess will lose interest in a return to the public trough of plenty, by then it will be too hard or require too much effort to reconstruct their corrupt little empires...

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