Law unclear on whether Yingluck could appeal guilty verdict

[webfact]

Law unclear on whether Yingluck could appeal guilty verdict

By The Nation

 

 

BANGKOK: -- THE SUPREME COURT will today deliver verdicts in two historic cases involving ex-premier Yingluck Shinawatra, ex-commerce minister Boonsong Teriyapirom and 28 other defendants.

 

Yingluck and the other defendants are accused of negligence in their official duties that led to corruption and massive financial damage to the state while implementing their government’s rice-pledging scheme.

 

Yingluck, Boonsong and other defendants could face either outright imprisonment or a suspended jail term if the high court hands down guilty verdicts, or they could be acquitted of one or both of the two charges.

 

A guilty verdict would raise the key question of whether the defendants could immediately lodge an appeal with the high court, as explicitly permitted by the current Constitution. Or would they instead have to wait for enactment of the new “organic law” on procedures to appeal in criminal cases involving holders of public office.

 

 

Under the current Constitution’s Article 195, which came into effect in April this year, defendants facing trials before the Supreme Court’s division for criminal cases against political officeholders have the right to seek a review of their cases within 30 days of the high court delivering a verdict.

 

This new article departs from the previous 2007 charter, which allowed defendants to lodge an appeal only when the emergence of new evidence and witnesses could alter the judgement.

 

Under the 2017 Constitution, all defendants may seek a judicial review of cases regardless of whether there is new evidence and witnesses. Plaintiffs can also lodge an appeal with the high court, which was not possible under the previous charter.

 

In hindsight, the 2007 charter made it difficult to secure a review of high court verdicts, given the strict requirement for new evidence or witnesses. That sparked criticism of a lack of transparency and fairness, especially with regard to the fact that defendants were mainly former holders of political office.

 

However, while Article 195 of the current charter clearly stipulates the right of defendants and plaintiffs to lodge an appeal, there is a catch: the charter also says the procedures on appeals are to be based on a new organic law, which has yet to be enacted.

 

Some legal analysts are of the opinion that this could make it impossible for Yingluck and others to seek a review of the high court’s verdicts if they are judged guilty.

 

In the case of a guilty verdict and prison sentence, Yingluck and defendants will likely seek the high court’s judgement on a temporary release while also lodging a high-court appeal for a judicial review of their cases. A large panel of Supreme Court judges would then meet to decide on both matters. If the high court granted defendants a temporary release, there is a high chance that a new panel of judges would review the verdicts.

 

On the other hand, if the petitions for temporary release are rejected, it is unlikely that the high court would accept the defendants’ petitions for appeals.

 

Source: http://www.nationmultimedia.com/detail/politics/30324794

 

-- © Copyright The Nation 2017-08-25

[gk10002000]

Ah there is no law, by any western definition anyway.  The coup leaders are in control, plain and simple.  Anything is window dressing and a façade.

[Thechook]

Well she is definately stitched up.  Verdict decided before charges laid and avenues of appeal conveniently blocked.  Prayuth had better hope he wins the election because I can see the next government rewriting the constitution, changing legislation to suit their cause as the Junta have done and Prayuth being shackled and paid back in full with interest.  Then we will have another coup and go around again.  Thai politics seems to be nothing but personal egos and vendettas. 

[Samui Bodoh]

When you see an article in the paper asking which charter governs a case, you know the situation is surreal! That alone would make this a joke.

 

It does not matter; she will be found guilty. That was decided loooooong ago.

 

The saddest thing is that the cycle will continue, with each new PM, military or civilian, being charged with negligence by their successor in order to ensure that they aren't a threat to a new regime. 

 

And in the end, it will be the poor "Somchai on the street" who loses.

 

It is a sad day for Thailand.

 

[gk10002000]

51 minutes ago, Thechook said:

Well she is definately stitched up.  Verdict decided before charges laid and avenues of appeal conveniently blocked.  Prayuth had better hope he wins the election because I can see the next government rewriting the constitution, changing legislation to suit their cause as the Junta have done and Prayuth being shackled and paid back in full with interest.  Then we will have another coup and go around again.  Thai politics seems to be nothing but personal egos and vendettas. 

I am pretty sure the votes will be closely monitored and ballot boxes strictly controlled to "ensure" that the election is fair.

[z42]

As despicable as the courts and the current junta are, people are seemingly overlooking the fact that on the charge of negligence she is guilty as sin. The scheme was awash with corruption (as proved in the auditing of the rice warehouses and ridiculous amounts of money swallowed up by it).

Several agencies including the NACC informed YS of endemic corruption, she did nothing drastic, and even reportedly threatened the accuser. She also reportedly never attended any meetings as chair of the sceheme committee, and by any standards that doesn't look good.

I am under the impression that the supreme court is the highest court in Thailand. And those found guilty surely should have to serve whatever sentences are given, the notion of seeking bail after being found guilty and setenced (even sometimes to death) is completely absurd and immoral. Jail isn't, and certainly never should be viewed merely as a dank hellhole to ship misbehaving poor people and scapegoats off to.

I can't quite grasp how people think Yingluck should get off scot free just because a disgraceful junta is holding the reins of power currently

[Thechook]

19 minutes ago, z42 said:

As despicable as the courts and the current junta are, people are seemingly overlooking the fact that on the charge of negligence she is guilty as sin. The scheme was awash with corruption (as proved in the auditing of the rice warehouses and ridiculous amounts of money swallowed up by it).

Several agencies including the NACC informed YS of endemic corruption, she did nothing drastic, and even reportedly threatened the accuser. She also reportedly never attended any meetings as chair of the sceheme committee, and by any standards that doesn't look good.

I am under the impression that the supreme court is the highest court in Thailand. And those found guilty surely should have to serve whatever sentences are given, the notion of seeking bail after being found guilty and setenced (even sometimes to death) is completely absurd and immoral. Jail isn't, and certainly never should be viewed merely as a dank hellhole to ship misbehaving poor people and scapegoats off to.

I can't quite grasp how people think Yingluck should get off scot free just because a disgraceful junta is holding the reins of power currently

She will rot in a tiny rat and cockroache infested cell with 30 other prisoners for a few years waiting for farangs to come and unblock the toilet. 

[inThailand]

The law of the land is the handy Article 44. Dust it off, it hasn't been used for a couple of days!

[Baerboxer]

5 hours ago, Thechook said:

Well she is definately stitched up.  Verdict decided before charges laid and avenues of appeal conveniently blocked.  Prayuth had better hope he wins the election because I can see the next government rewriting the constitution, changing legislation to suit their cause as the Junta have done and Prayuth being shackled and paid back in full with interest.  Then we will have another coup and go around again.  Thai politics seems to be nothing but personal egos and vendettas. 

 

There wasn't any avenues of appeal when she committed the offense. And she hasn't actually answered the specific detail.

 

The reasons behind proceeding with the trial may not have much to with justice in a land where justice is merely an abstract concept, but given the facts of the case, lack of any attempt to defend or mitigate them, it would be strange if the verdict was anything but guilty.

[Baerboxer]

3 hours ago, z42 said:

As despicable as the courts and the current junta are, people are seemingly overlooking the fact that on the charge of negligence she is guilty as sin. The scheme was awash with corruption (as proved in the auditing of the rice warehouses and ridiculous amounts of money swallowed up by it).

Several agencies including the NACC informed YS of endemic corruption, she did nothing drastic, and even reportedly threatened the accuser. She also reportedly never attended any meetings as chair of the sceheme committee, and by any standards that doesn't look good.

I am under the impression that the supreme court is the highest court in Thailand. And those found guilty surely should have to serve whatever sentences are given, the notion of seeking bail after being found guilty and setenced (even sometimes to death) is completely absurd and immoral. Jail isn't, and certainly never should be viewed merely as a dank hellhole to ship misbehaving poor people and scapegoats off to.

I can't quite grasp how people think Yingluck should get off scot free just because a disgraceful junta is holding the reins of power currently

 

The most sensible post this week sir! 

[Baerboxer]

5 hours ago, Samui Bodoh said:

When you see an article in the paper asking which charter governs a case, you know the situation is surreal! That alone would make this a joke.

 

It does not matter; she will be found guilty. That was decided loooooong ago.

 

The saddest thing is that the cycle will continue, with each new PM, military or civilian, being charged with negligence by their successor in order to ensure that they aren't a threat to a new regime. 

 

And in the end, it will be the poor "Somchai on the street" who loses.

 

It is a sad day for Thailand.

 

 

Based on the evidence reported, and total lack of any defense or mitigation of those charges, it would be difficult for anyone not to find her guilty. 

[Toscano]

6 hours ago, z42 said:

As despicable as the courts and the current junta are, people are seemingly overlooking the fact that on the charge of negligence she is guilty as sin. The scheme was awash with corruption (as proved in the auditing of the rice warehouses and ridiculous amounts of money swallowed up by it).

Several agencies including the NACC informed YS of endemic corruption, she did nothing drastic, and even reportedly threatened the accuser. She also reportedly never attended any meetings as chair of the sceheme committee, and by any standards that doesn't look good.

I am under the impression that the supreme court is the highest court in Thailand. And those found guilty surely should have to serve whatever sentences are given, the notion of seeking bail after being found guilty and setenced (even sometimes to death) is completely absurd and immoral. Jail isn't, and certainly never should be viewed merely as a dank hellhole to ship misbehaving poor people and scapegoats off to.

I can't quite grasp how people think Yingluck should get off scot free just because a disgraceful junta is holding the reins of power currently

Political expediency !  As you say , even if she is guilty of negligence , the Junta is seeking revenge , a vendetta against all Shinawatras that might seek political power . A suspended sentence ,  House arrest , probation might be satisfactory alternatives ?  Imprisonment is likely to cause repercussions and political unrest .  Thailand is very peaceful at the moment , best not to put a stick in a hornets nest . 

[tryasimight]

Shes done a runner. On her way to dubai perhaps?

[rijb]

6 hours ago, Thechook said:

She will rot in a tiny rat and cockroache infested cell with 30 other prisoners for a few years waiting for farangs to come and unblock the toilet. 

You should be a weather forecaster.  They're usually wrong too.