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Ex-FM Noppadon's fate to be decided by Thai Supreme Court


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Ex-FM Noppadon's fate to be decided this afternoon by the Supreme Court

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BANGKOK: -- The Supreme Court’s criminal division for political office holders is scheduled this afternoon to hand down a verdict on former foreign minister Noppadon Patthama charged with malfeasance in office over his signing of a MoU with Cambodia which eventually paved the way for Phnom Penh’s unilateral registration of the Khao Phra Viharn (Preah Viharn) temple ruins as a Unesco’s world heritage.

The case dated back to the period of then prime minister Samak Sundaravej when Mr Noppadon, then the foreign minister, inked the memorandum of understanding with Cambodia on June 18, 2008, over the disputed border area which covers the ancient Hindu temple.

The Democrat MPs and several senators then took the case to the Constitutional Court for an interpretation whether the MOU amounts to a treaty which requires parliamentary consent.

The charter court ruled 8:1 that the MoU is a treaty and, therefore, it required parliamentary consent. The case was then forwarded to the National Anti-Corruption Commission and eventually to the Supreme Court with Mr Noppadon as the alleged culprit.

Mr Noppadon defended his action saying that he did not sell out the country’s territory to Cambodia and was not a traitor as alleged by his opponents.

Source: http://englishnews.thaipbs.or.th/ex-fm-noppadons-fate-to-be-decided-this-afternoon-by-the-supreme-court

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-- Thai PBS 2015-09-04

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Supreme Court clears Noppadon of any wrongdoing

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BANGKOK: -- Former foreign minister Noppadon Patthama was acquitted of malfeasance charge for his role in signing the memorandum of understanding with Cambodia by the Supreme Court’s criminal division for political office holders Friday afternoon.

Mr Noppadon was faulted by the National Anti-Corruption Commission of malfeasance for inking the MoU in June 2009 during the government of then prime minister Samak Sundaravej which was used by the Cambodian government to unilaterally list Khao Phra Viharn ancient temple as Unesco’s world heritage site.

A lawyer of the Shinawatra family, Mr Noppadon reportedly broke into tears of joy after the court announced the not guilty verdict.

Source: http://englishnews.thaipbs.or.th/supreme-court-clears-noppadon-of-any-wrongdoing

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-- Thai PBS 2015-09-04

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SUPREME COURT
Top court finds Noppadon innocent over World Heritage listing affair
Kesinee Taengkhiao
The Nation

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BANGKOK: -- THE SUPREME Court's Criminal Division for Political Office Holders yesterday acquitted former foreign minister Noppadon Pattama of malfeasance in office over the signing of a joint statement to support the World Heritage inscription of the Preah Vihear Hindu temple in 2008.

The court dismissed the allegation of malfeasance, by six votes to three -saying there was insufficient evidence to prove that Noppadon committed a wrongful act.

After, Noppadon expressed thanks to the court, his lawyers and officials at the Foreign Ministry who testified for him.

"I felt like I've been in hell over the past seven years after being accused of betraying the country, but I forgive all accusers," he said.

The National Anti-Corruption Commission indicted Noppadon in accordance with section 157 of the Penal Code for signing the joint communique on June 18, 2008 with Cambodia Deputy Prime Minister Sok An and Unesco representative Francoise Riviere.

The anti-graft body claimed the joint communique was regarded as a treaty with a foreign country and as such needed approval from Parliament before being signed.

The case was intensively politicised, as at the time a yellow shirt conservative movement was protesting against the Samak Sundaravej administration, which Noppadon served as foreign minister. They accused the government and Noppadon of causing Thailand to lose its right to reclaim Preah Vihear. They filed a lawsuit at the Administrative Court, which ruled in June 27, 2008 to revoke the joint communique.

The Constitutional Court ruled in July 8, 2008 that the joint statement required approval from the Parliament, as it might change a boundary line.

If found guilty, Noppadon faced up to 10 years' in jail and a ban from holding any political position for five years.

The Supreme Court in its verdict said Noppadon conducted the matter with care, checking with concerned agencies, including the Royal Thai Survey Department (about the boundary line) and the Foreign Ministry's Department of Treaties and Legal Affairs, before signing the document.

It said he undertook the steps needed to ensure the move did not impact negatively on the boundary line, adding: "The accused did not initiate the joint communique. It was a tri-party negotiation in which Thailand, Cambodia and Unesco supported the World Heritage inscription.

"The accused revoked the |joint communique, as it was |nullified by the Administrative |Court. The document was not used |by Unesco for consideration of the World Heritage inscription."

In relation to Noppadon not seeking prior Parliament approval, the panel of judges took into account the Department of Treaties and Legal Affairs's opinion that the joint communique was not a treaty which required approval, since it made no change to the boundary line.

Source: http://www.nationmultimedia.com/national/Top-court-finds-Noppadon-innocent-over-World-Herit-30268190.html

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-- The Nation 2015-09-05

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Supreme Court clears Noppadon of any wrongdoing

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BANGKOK: -- Former foreign minister Noppadon Patthama was acquitted of malfeasance charge for his role in signing the memorandum of understanding with Cambodia by the Supreme Court’s criminal division for political office holders Friday afternoon.

Mr Noppadon was faulted by the National Anti-Corruption Commission of malfeasance for inking the MoU in June 2009 during the government of then prime minister Samak Sundaravej which was used by the Cambodian government to unilaterally list Khao Phra Viharn ancient temple as Unesco’s world heritage site.

A lawyer of the Shinawatra family, Mr Noppadon reportedly broke into tears of joy after the court announced the not guilty verdict.

Source: http://englishnews.thaipbs.or.th/supreme-court-clears-noppadon-of-any-wrongdoing

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-- Thai PBS 2015-09-04

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A very sensible outcome and a very reasoned ruling by the Supreme Court.

Wasn't this the case of 'selling Thailand' that had noisome politicians of a certain persuasion all frothing at the mouth?

The PAD and Democrat party accused him of being a traitor.

Noppadon said " it's kankhlang chat, or fanatical nationalism."

He's a lucky guy to be walking free. Must be a deal with the military over Thaksin somewhere for such a ruling.

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