Ex-PM Yingluck challenges Thailand's top court

[webfact]

Ex-PM challenges top court

By THE NATION

 

Yingluck Shinawatra

 

As judgement day nears, Yingluck files fresh plea seeking a ruling from Constitutional Court in rice-pledging scandal

BANGKOK: -- FORMER PRIME MINISTER Yingluck Shinawatra has again requested the Supreme Court to seek a Constitutional Court ruling on a legal issue involving the case against her of negligence in the management of the rice pledging case, challenging the highest court’s decision to reject her previous petition.

 

In her latest petition, Yingluck said it was beyond the Supreme Court’s legal authority to reject her request and pointed out that such an act was against the new Constitution, which came into effect in early April.

 

The Supreme Court last week rejected Yingluck’s request that it seek a Constitutional Court interpretation under the new Constitution of a clause that could affect her case.

 

The negligence case against the former premier stemmed from her government’s corruption-plagued rice-pledging scheme. 

 

In turning down Yingluck’s request, the court had said that both the prosecution and the defence had been given sufficient opportunities to bring witnesses during the months of hearings that ended last Friday.

 

In her previous petition, Yingluck had pointed out that Article 235 of the new charter requires the Supreme Court to base its consideration upon the inquiry file of the National Anti-Corruption Commission (NACC). 

 

She said this contradicted the 1999 law on the court’s procedures, which required the court to mainly rely on the report by the relevant NACC committee.

 

Yingluck’s lawyers this week filed her request again with the Supreme Court for a Constitutional Court ruling on the matter.

 

The highest court has accepted the petition for consideration and is expected to make its decision on August 1 when the ex-PM is scheduled to deliver her closing statement on her case.

 

The Supreme Court has scheduled August 25 to deliver its verdict on the negligence case against Yingluck.

 

In her latest petition, viewed by critics as a delaying tactic, Yingluck outlined five reasons why her request for a Constitutional Court ruling was valid.

 

She pointed out that according to Article 5 of the Constitution – the supreme law of the land – provisions of any law, rule or regulation that are contrary to or inconsistent with the charter “shall be unenforceable”. 

 

Also, Yingluck pointed out that the Supreme Court is required under Article 212 of the new charter to forward her request to the Constitutional Court. 

 

The clause states that if any party in a court case objects to a certain provision of law falling under Article 5, and there has been no decision by the Constitutional Court pertaining to the matter, the relevant court shall send its opinion to the Constitutional Court and seek a decision.

 

“The Supreme Court has no other choice but to seek a decision from the Constitutional Court. Failing to do so would mean failure to follow Article 212 of the Constitution,” Yingluck said in her latest petition. 

 

“The highest court is not empowered by law to reject the defendant’s request. Going by the requirement under Article 212, the court cannot act in another way,” she said.

 

“The Constitutional Court is the only court empowered by law to accept or reject such a request. No other courts have such power.”

 

Yingluck’s petition also noted that the Constitutional Court issued new regulations on case procedures in late April to comply with the new charter. The judges who decided to reject her previous petition should better follow the relevant clause in the new Constitution. 

 

“Otherwise, they may end up flouting the legal principle and be found failing to maintain neutrality as a judge,” she said.

 

It was a difficult decision to make for her to submit another request to the Supreme Court to seek a Constitutional Court ruling on the legal issue.

 

“I simply would like to appeal for mercy and justice in this case,” she concluded.

 

A legal expert who asked not to be named said Yingluck could also petition the Constitutional Court directly if she found that her constitutional rights or liberties were violated. 

 

Article 213 of the new charter states, “Any person whose rights or liberties guaranteed by the Constitution are violated, has the right to submit a petition to the Constitutional Court for a decision on whether such an act is contrary to or inconsistent with the Constitution.”

 

Deputy Prime Minister and Defence Minister Prawit Wongsuwan said he would be in charge of security when the Supreme Court delivers its verdict on the case against Yingluck. 

 

Thousands of the former PM’s supporters are expected to gather at the courthouse on that day. Authorities have warned of possible legal action if people are mobilised.

 

Prawit said the government has peacekeeping forces all over the country to take care security, but the court could also make additional requests. He said Yingluck’s supporters could come to Bangkok to give her moral support but it would be better for them to do this from their homes. 

 

Arranging people to support her could be considered as politically motivated and this is prohibited and could risk breaching the law, he added.

 

Democrat Party politician Warong Dechgitvigrom said on Facebook that Yingluck and her Pheu Thai Party were like intensive care patients at the terminal stage.

 

“They are doing everything they can, even though that may put their supporters in trouble. Their only goal now is how to survive,” he said.

 

Source: http://www.nationmultimedia.com/detail/politics/30321904

 

-- © Copyright The Nation 2017-07-27

[yellowboat]

She may be allowed mercy, but for legal debate, fairness and due process, she is in the wrong country. 

[colinneil]

Yingluck, i wish you well in your attempt, but as you know not even the courts here observe the law.

The law here is what is dictated by those in power at the time.

[wirat69]

In other countries she would be tried according to the law at the time of the alleged offence... not sure that the new law/Constitution had retrospective clauses (which would be unusual)

[mark01]

Someone wants you out of the way and wants your money.

 

Maybe time to face Thai reality and move overseas

[Chris Lawrence]

7 hours ago, webfact said:

In her latest petition, viewed by critics as a delaying tactic, Yingluck outlined five reasons why her request for a Constitutional Court ruling was valid

Who are the critics?

 

7 hours ago, webfact said:

Arranging people to support her could be considered as politically motivated and this is prohibited and could risk breaching the law, he added.

 

So what happens when 'real political parties' want to meet?

 

Again the laws are military motivated by an unelected junta.

[petermik]

7 hours ago, Chris Lawrence said:

 

 

Again the laws are military motivated by an unelected junta.

You do what we say.......not what you feel is right

[Baerboxer]

3 hours ago, yellowboat said:

She may be allowed mercy, but for legal debate, fairness and due process, she is in the wrong country. 

 

She also, along with some of her advisers, have a track record of ignoring laws or pretending they don't exist when it suits. Just because she and her "experts" claim something doesn't means it is so. Look at their previous.

[Baerboxer]

22 minutes ago, Father Fintan Stack said:

Great advice for any and all expats here. 

 

When will you be leaving ? Cheerio and bon voyage!

[Baerboxer]

23 minutes ago, Father Fintan Stack said:

Do us all a favour and stop cut and pasting this nonsense on every thread.

 

Do us all a favor and stop trying your usual trick of calling everything unfavorable to the Shins "nonsense' - presumably hoping to discredit it.

 

Whilst the poster may have cut and pasted, and used that information in other thread posts, that doesn't make it nonsense. Nor are reported cited reports nonsense just because you don't happen to like or want the content airing.

 

Or are you claiming those reports were all false?

 

Some of us were here throughout the PTP regime years.

[robblok]

33 minutes ago, Father Fintan Stack said:

Do us all a favour and stop cut and pasting this nonsense on every thread.

Why can't counter the truth.. facts are a red shirts Kryptonite. All what he posted is true 

[Baerboxer]

Just now, robblok said:

These farand red lovers hate it when they are confronted with unfavorable facts.. the prefer to make up the news.. Thrump wise. 

 

555! Yep, spot on Rob.

 

I know you were here then too. Remember that was also a PTP trait - simply make it up as you go along and deny reality!

 

Only now, the birds are coming home to roost!!

[YetAnother]

3 hours ago, colinneil said:

Yingluck, i wish you well in your attempt, but as you know not even the courts here observe the law.

The law here is what is dictated by those in power at the time.

love the habit of those assuming power to immediately grant themselves immunity; then they change the laws to suit themselves

[robblok]

Just now, Baerboxer said:

 

555! Yep, spot on Rob.

 

I know you were here then too. Remember that was also a PTP trait - simply make it up as you go along and deny reality!

 

Only now, the birds are coming home to roost!!

Don't forget the minister of white lies

 

Finance Minister Kittiratt Na-Ranong admitted yesterday that sometimes he had to exaggerate about the country’s economic growth, even though the government has been fully aware since early this year that the global economic slowdown would likely swamp Thailand.

[LannaGuy]

She has been amazing. Stoic, calm and truthful and Thais know it and history will look back and say "kudos" in kinder and better times.

 

 But NOW is the time of dark juntas, power and maneuvering. We will think no less of you if you leave. 

[ramrod711]

8 hours ago, webfact said:

As judgement day nears, Yingluck files fresh plea seeking a ruling from Constitutional Court in rice-pledging scandal

Isn't sending a cake box full of cash the usual Shinawatra  method of dealing with the courts? She seems to be breaking with family tradition, first to give the gardener your assets to hold and second to bribe whenever possible.

[Gunna]

54 minutes ago, Father Fintan Stack said:

Do us all a favour and stop cut and pasting this nonsense on every thread.

Admit it - You can't handle the truth.

You can only believe the lies and propaganda from Thaksin's well paid cronies at TPT & UDD.

[ramrod711]

7 minutes ago, LannaGuy said:

She has been amazing. Stoic, calm and truthful and Thais know it and history will look back and say "kudos" in kinder and better times.

 

 But NOW is the time of dark juntas, power and maneuvering. We will think no less of you if you leave. 

I kind of agree, I would be delighted to see her leave.

[yellowboat]

32 minutes ago, Baerboxer said:

 

She also, along with some of her advisers, have a track record of ignoring laws or pretending they don't exist when it suits. Just because she and her "experts" claim something doesn't means it is so. Look at their previous.

And so do some wealthy heirs to beverage fortunes.  They are alleged killers and their lives are only slightly inconvenienced. 

 

She is standing trial now in front of an autocracy that is answerable to nobody.  Why do you oppose her day in court so ?  You have a problem with due process, legal debate and lawyers doing their job ?  If Yingluck and party have done things wrong in the past, then let them stand trial for that too one day, a different day.  What is it with you westerners who love authoritarianism and hate to see debate ?

[Baerboxer]

Just now, yellowboat said:

And so do some wealthy heirs to beverage fortunes.  They are alleged killers and their lives are only slightly inconvenienced. 

 

She is standing trial now in front of an autocracy that is answerable to nobody.  Why do you oppose her day in court so ?  You have a problem with due process, legal debate and lawyers doing their job ?  If Yingluck and party have done things wrong in the past, then let them stand trial for that too one day, a different day.  What is it with you westerners who love authoritarianism and hate to see debate ?

 

I have no problem with her being in court.

 

I have no problem with her putting forward a defense to the charges, and robustly defending them. But so far she and her team haven't - not one, zilch.

 

There tactic, as always, is delay, challenge process, challenge anything no matter how irrelevant. Could that possibly be because there is no defense? That she was negligent? Whether that was because she was ordered to be, or because some genius thought it would lead to plausible deniability is irrelevant. 

 

What is is with some Westerners who want to insist that turning a trial into showboat and claiming everything is politically motivated is an acceptable defense for everything?

[Baerboxer]

21 minutes ago, LannaGuy said:

She has been amazing. Stoic, calm and truthful and Thais know it and history will look back and say "kudos" in kinder and better times.

 

 But NOW is the time of dark juntas, power and maneuvering. We will think no less of you if you leave. 

 

Truthful - you are joking sport? Seriously, she isn't exactly renowned for telling the truth now, is she?

 

History may well look back on the exploits of that family and say far different things than you imagine. 

 

 

[yellowboat]

Just now, Baerboxer said:

 

I have no problem with her being in court.

 

I have no problem with her putting forward a defense to the charges, and robustly defending them. But so far she and her team haven't - not one, zilch.

 

There tactic, as always, is delay, challenge process, challenge anything no matter how irrelevant. Could that possibly be because there is no defense? That she was negligent? Whether that was because she was ordered to be, or because some genius thought it would lead to plausible deniability is irrelevant. 

 

What is is with some Westerners who want to insist that turning a trial into showboat and claiming everything is politically motivated is an acceptable defense for everything?

All Thai PM's think they can mysteriously bend basic laws of economics.  It is a tremendous weakness the country has, making it a perilous place to invest. Yingluck is guilty of this, but she was not deposed because of this. The good general stepped in it too with his iron fisted expulsion of foreign workers.  He has also made Thailand boring. 

 

She is being tried by people who they themselves answer to nobody.  She, or her defense council, brought up reasonable points of law worth debating.  Cannot see where that is even remotely a problem.  Again you westerners who want this non debate, absolutism are confounding.  

[sujoop]

7 minutes ago, yellowboat said:

53 minutes ago, Baerboxer said:

 

She also, along with some of her advisers, have a track record of ignoring laws or pretending they don't exist when it suits. Just because she and her "experts" claim something doesn't means it is so. Look at their previous.

And so do some wealthy heirs to beverage fortunes.  They are alleged killers and their lives are only slightly inconvenienced. 

 

She is standing trial now in front of an autocracy that is answerable to nobody.  Why do you oppose her day in court so ?  You have a problem with due process, legal debate and lawyers doing their job ?  If Yingluck and party have done things wrong in the past, then let them stand trial for that too one day, a different day.  What is it with you westerners who love authoritarianism and hate to see debate ?

What is it with some westerners who seem to approve, nay,  aspire to  a Chavez/Maduro type 'democracy'  for Thailand? Unfortunately resulting in a re-set here as it is certain to there as well (and can't come soon enough). Then back to the ballots eventually only to try to repeat thus having to be baby-sat by the Military this time as has very unfortunately been proven to be highly necessary.

Meanwhile, as stated in the OP but conveniently ignored by both Yingluck and defenders of mass corruption, vote buying fraud schemes,  malfeasance and gross negligence of duty by the chairperson of the committee (Yingluck) who ignored multiple warnings from multiple watchdogs including the World Bank:

'In turning down Yingluck’s request, the court had said that both the prosecution and the defence had been given sufficient opportunities to bring witnesses during the months of hearings that ended last Friday.'

 

 

[Baerboxer]

Just now, yellowboat said:

All Thai PM's think they can mysteriously bend basic laws of economics.  It is a tremendous weakness the country has, making it a perilous place to invest. Yingluck is guilty of this, but she was not deposed because of this. The good general stepped in it too with his iron fisted expulsion of foreign workers.  He has also made Thailand boring. 

 

She is being tried by people who they themselves answer to nobody.  She, or her defense council, brought up reasonable points of law worth debating.  Cannot see where that is even remotely a problem.  Again you westerners who want this non debate, absolutism are confounding.  

 

Yingluck didn't do anything other than has she was told. And because she allowed herself to be put in a vulnerable position, by repeatedly saying she was in charge, and only she was, and of everything, and appointing herself Chair is now in this bad position.

 

She got removed by a court because she again was involved in something that was illegal.

 

PTP and other Shin family political vehicles have a history of not following the correct parliamentary procedures or complying with the laws. 

 

But what goes on in other contexts, events, cases, has no bearing on this case. And to date, I repeat, she and her team have offered no defense to the actual charges.

 

Many people in Asia believe the hiso elites, wealthy, feudal families, are above and beyond the law. Until that changes, then real change won't happen. 

 

Just because she and her defense team want to interpret the law, or debates points of law that they want to apply their way, doesn't mean that they are right; nor does it mean the courts have to accept their demands and interpretations especially when no real defense to the charges has been forthcoming and they are trying the same things over and over again.

[Baerboxer]

4 minutes ago, Father Fintan Stack said:

Don't expect reasoned arguments. They are so obsessed with the Shin clan that they would rejoice if Thais were shot dead in the street if it favoured their agenda.

 

Just like last time.

 

No, but you Shin apologists have no issue with bombing and murdering innocent children, then applauding and cheering it at a political rally if it favors their agenda. Or shooting people standing in their pick up truck; or machine gunning an old lady's house because someone blew a whistle.

 

Just as before.

[robblok]

13 minutes ago, Father Fintan Stack said:

Facts from the self-admitted Yellow leaning Nation?

 

Are you being serious here?

All his facts were backed up.. nothing of lies you just could not refute them.

[thaiguzzi]

30 minutes ago, Baerboxer said:

 

Do us all a favor and stop trying your usual trick of calling everything unfavorable to the Shins "nonsense' - presumably hoping to discredit it.

 

Whilst the poster may have cut and pasted, and used that information in other thread posts, that doesn't make it nonsense. Nor are reported cited reports nonsense just because you don't happen to like or want the content airing.

 

Or are you claiming those reports were all false?

 

Some of us were here throughout the PTP regime years.

Strange that innit?

So was i. But in the boondocks of Isaan. '03 onwards.

Never, ever, before or since, in such a short space of time was so much accomplished up here. Less than 5 years.

I'm talking artesian water wells for villages that were reknowned for drought.

I'm talking inter connecting village roads finally having tarmac, after, ooh, decades of dirt roads.

I'm talking inside the villages, the villagers themselves being given, cement, sand and gravel to make their own concrete soi's instead of decades of dirt soi's, dust and unhealthy air.

I'm talking about the hundreds of new clinics that spread up in every tambon, automatically reducing a lengthy visit to the nearest market town hospital, and having local pre and post natal care on their doorstep.

I'm talking finally every village and market town getting reliable electricity and water.

 Countless other ideas, new ideas, OTOP, 30 baht healthcare, countless others.

All of a sudden, instead of BKK and Chonburi industrial zones getting all the money, the little people in the sticks got a better healthier life through lots of little, simple things.

For the first time ever, their voices were heard, and more importantly, listened to.

Here was a politician, an incredibly wealthy self made man who promised stuff, and actually delivered.

Their votes counted and could actually change their lives for the better.

Bangkokians and the HiSo Elites etc never could grasp how their power was taken from them by the peasants, farmers and factory fodder of the North. Why even today they still do not want a one man one vote system.

Yes he was bent, which politician is'nt. Did he buy his votes? Well if delivering on his promises is what counts, yes.

Now why did NOBODY in the previous 50 years or last 10 years do anything similar? Why did NOBODY help the piss poor?

Keep 'em skint, keep the factory fodder conveyor belt running, keep sending the 15 y/o single mums down to the bars and karaokes. Keep 'em stupid.

And people who don't know Northerners or live in the Isaan boondocks wonder why the guy is STILL held in high esteem, and people don't forget... And why his sister would win a land slide if people were allowed to vote for her. With all the shit that has gone on in the last 3 years, i can guarantee you her land slide victory would be even bigger than anything before up here in the NW and NE.

Nobody up here forgets...

 

[Baerboxer]

22 minutes ago, thaiguzzi said:

Strange that innit?

So was i. But in the boondocks of Isaan. '03 onwards.

Never, ever, before or since, in such a short space of time was so much accomplished up here. Less than 5 years.

I'm talking artesian water wells for villages that were reknowned for drought.

I'm talking inter connecting village roads finally having tarmac, after, ooh, decades of dirt roads.

I'm talking inside the villages, the villagers themselves being given, cement, sand and gravel to make their own concrete soi's instead of decades of dirt soi's, dust and unhealthy air.

I'm talking about the hundreds of new clinics that spread up in every tambon, automatically reducing a lengthy visit to the nearest market town hospital, and having local pre and post natal care on their doorstep.

I'm talking finally every village and market town getting reliable electricity and water.

 Countless other ideas, new ideas, OTOP, 30 baht healthcare, countless others.

All of a sudden, instead of BKK and Chonburi industrial zones getting all the money, the little people in the sticks got a better healthier life through lots of little, simple things.

For the first time ever, their voices were heard, and more importantly, listened to.

Here was a politician, an incredibly wealthy self made man who promised stuff, and actually delivered.

Their votes counted and could actually change their lives for the better.

Bangkokians and the HiSo Elites etc never could grasp how their power was taken from them by the peasants, farmers and factory fodder of the North. Why even today they still do not want a one man one vote system.

Yes he was bent, which politician is'nt. Did he buy his votes? Well if delivering on his promises is what counts, yes.

Now why did NOBODY in the previous 50 years or last 10 years do anything similar? Why did NOBODY help the piss poor?

Keep 'em skint, keep the factory fodder conveyor belt running, keep sending the 15 y/o single mums down to the bars and karaokes. Keep 'em stupid.

And people who don't know Northerners or live in the Isaan boondocks wonder why the guy is STILL held in high esteem, and people don't forget... And why his sister would win a land slide if people were allowed to vote for her. With all the shit that has gone on in the last 3 years, i can guarantee you her land slide victory would be even bigger than anything before up here in the NW and NE.

Nobody up here forgets...

 

 

What a utopia.

 

And during that time, the PTP years, the Shin family wealth, as noted by their patriarch himself, increased 450%.

 

Now, how much do you think the wealth of the average Thai families increased in the same period?

 

Help the poor - as in throw some table scraps, providing the voted for the right people of course. And didn't expect more.

[Baerboxer]

28 minutes ago, robblok said:

All his facts were backed up.. nothing of lies you just could not refute them.

 

Isn't that so often the case Rob? Even during the PTP regime years in office, any factual comments criticizing them were simply discredited as lies by a cadre of Shin fanboy and apologist posters. Remember how they would keep springing up and then disappear!

 

Seems history does indeed repeat itself. Even claiming the men in black weren't really there - very Chalermesque!

[yellowboat]

1 hour ago, LannaGuy said:

She has been amazing. Stoic, calm and truthful and Thais know it and history will look back and say "kudos" in kinder and better times.

 

 But NOW is the time of dark juntas, power and maneuvering. We will think no less of you if you leave. 

Agreed.  Had she not tried to pardon her brother and toy with economic fundamentals of supply and demand, she was on her way in becoming a leader with a great legacy.  She was actually good for the country. 

Edited July 27, 2017 by yellowboat