Flowers can make everyone feel happy…. H.E.Privy Councillor Palakorn Suwanrath and Thanpuying Dhasaniya Suwanrath recently presided over at ‘Roses of the North’ charity oil painting exhibition inspired by Bhubing Palace organized by L’Occitane and Baan Saen Doi Resort in Chiang Mai. The art of mercy rose oil painting exhibition was held at Peninsula Plaza and part of sales went to support schools and hospitals where are needed in Chiang Mai. Many kind hearted celebrities attended the event including Khunying Dhipavadee Meksawan, Mr.Harald Link, Arunee Bhirombhakdi, Atchara Tejapaibul, M.L.Sirichalerm Svasti, M.L.Thongmakut and Jarujit Thongyai, Yuwadee and Nidsinee Chirathivat, Dararatana and Toey Mahadumrongkul, Chadapah Snidvongs, Captain Deuntemduang Na Chiengmai, Pimpawan Limpichart, Joy Sopitpongstorn, Panitnuj Bunnag, Piranuj T.Suwan, Sodsoi Chomthavat, Mayura Savetsila, Wanchana Sawasdee and more.
The exhibition showcased of over 70 oil painting of roses flowers by artist and art lecturer Narin Phothisombat. Narin Phothisombat is a talented artist with an art degree from Chiang Mai Technology Rajchamonkol. His painting was inspired by roses from Phra Tamnak Bhubing Rajanives (Bhubing Palace). His painting reflected his pride and passions towards the beauty of nature for roses including Queen Sirikit, Eliza, Rouge Meilland, Queen Elizabeth and Royal Air Force.
In addition there was the charity auction on 2 oil painting pieces. The first one was the painting of Queen Elizabeth which won by Harald Link, CEO of B.Grimm for 120,000 Baht and the other piece on Queen Sirikit won by Arunee Bhirombhakdi for 75,000 Baht.
Wednesday, December 16, 2009
Tuesday, December 15, 2009
ESCAP and Russian Federation to Sign Cooperative Development Agreement
Signing ceremony Thursday 11:30, 17 December at ESCAP Building
The Economic and Social Commission in Asia and the Pacific (ESCAP) – the regional arm of the United Nations - and the Russian Federation will sign an agreement this Thursday to strengthen cooperation, with a view to promoting inclusive and sustainable economic and social development in Asia and the Pacific.
Under the agreement, the Russian Federation provides a voluntary
contribution of US$ 1.2 million annually during the period 2009-2010 to support key programme activities of ESCAP.
ESCAP will be hosting a signing ceremony where Mr. Gennady Gatilov of the Russian Federation Ministry of Foreign Affairs and Dr. Noeleen Heyzer, Under-Secretary-General of the United Nations and Executive Secretary of ESCAP will formalize the agreement.
In response to the regional development priorities, the Russian contribution will be used for technical cooperation projects to develop capacities and improve development in key areas such as environment, energy, regional transport connectivity, disaster risk reduction, statistics and migration.
The ceremony will take place Thursday 17 December 2009, 11:30 on the 15th floor of the ESCAP Secretariat building. Media are welcome to cover the ceremony. Please register in advance for building access at unisbkk.unescap@un.org.
The Economic and Social Commission in Asia and the Pacific (ESCAP) – the regional arm of the United Nations - and the Russian Federation will sign an agreement this Thursday to strengthen cooperation, with a view to promoting inclusive and sustainable economic and social development in Asia and the Pacific.
Under the agreement, the Russian Federation provides a voluntary
contribution of US$ 1.2 million annually during the period 2009-2010 to support key programme activities of ESCAP.
ESCAP will be hosting a signing ceremony where Mr. Gennady Gatilov of the Russian Federation Ministry of Foreign Affairs and Dr. Noeleen Heyzer, Under-Secretary-General of the United Nations and Executive Secretary of ESCAP will formalize the agreement.
In response to the regional development priorities, the Russian contribution will be used for technical cooperation projects to develop capacities and improve development in key areas such as environment, energy, regional transport connectivity, disaster risk reduction, statistics and migration.
The ceremony will take place Thursday 17 December 2009, 11:30 on the 15th floor of the ESCAP Secretariat building. Media are welcome to cover the ceremony. Please register in advance for building access at unisbkk.unescap@un.org.
Saturday, November 21, 2009
Glow’s profitability on track in Q3 2009
Glow Group (“Glow”) posted consolidated total revenues of THB 25,836 million, Earnings Before Interest Taxes Depreciation and Amortization (“EBITDA”) of THB 5,743 million and Normalized Net Profit (“NNP”, net profit before unrealized foreign exchange gains and losses) of THB 2,669 million for the 9 months of 2009.
The 3rd quarter NNP of 2009 for Glow stood at THB 899 million. The key drivers for the result were strong industrial customers’ sales, whose power and steam consumption have returned back to normal levels since mid year, and favorable operating margins, where fuel prices have stabilized along with the electricity tariffs.
The 3rd quarter result is THB 274 million below the previous quarter, mainly because of two key reasons. First, unlike in the previous quarter, the 3rd quarter result does not include the business interruption compensation for the outage earlier this year of the 150 MW coal-fired Unit 1. The Company expects to receive the remaining business interruption claim of more than THB 100 million. Secondly, there was lower availability in the 3rd quarter due to a minor forced outage and a one-month major maintenance of the 150 MW coal-fired Unit 2, which was deferred from the previous quarter, the total effect was a reduction in profitability in the 3rd quarter by about 100 million baht. The 4th quarter plant availability is expected to return to normal as there is no other major maintenance scheduled until later 2011
Mr. Esa Heiskanen, the CEO of Glow Group commented: “The operation and performance of the Group have returned to normal and our industrial customer sales volumes have returned to expected levels. Our operating margin has also recovered to normal levels as the Ft remains high and fuel prices have stabilized .”
Mr. Esa continued to add “We are following up very closely on what the impact of the temporary suspension ruling has on our numerous customers in Map Ta Phut, Glow currently has all the necessary permits for our expansions, including the 115 MW coal-fired, 382 MW gas-fired, and 660 MW coal-fired IPP. Our expansions will utilize proven technology to ensure low emissions and will include reduction in emission from our existing plants, where the net result will be an improvement in the overall air quality in Map Ta Phut. We are confident that our projects are environmentally sound and will benefit surrounding communities as the total emission from our existing and new plants would be lower than current levels.
”Glow’s year-to-date interest expenses and corporate income tax have increased from same period last year. The effective tax rate has gradually been increasing year on year, as tax privileges for some of Glow’s older plants are starting to expire. However, the overall effective tax rate for the group will come down after the tax exemption period begins for the expansion projects after commercial operation starting in 2010.
Mr. Suthiwong Kongsiri, the CFO of Glow Group further explained: “The increased interest expenses is not due to higher funding costs but it is reflecting the higher debt level due especially to our strategy to pre-fund some of our funding needs at the beginning of the year, this strategy is aimed at mitigating liquidity risk which has resulted from troubles in global financial market. We now have the necessary funding through to the 2nd quarter of 2010 and are very confident in our ability to secure the remaining funds needed for our expansion projects, thanks to our solid business fundamentals, robust performance and improved market conditions.”
About Glow Energy
Glow Energy is a member of the Glow Group who is a major energy player in Thailand. Glow Group combined installed capacities include 1,860 MW (Glow’s stake is 1,775 MW) of electricity and 967 tons per hour of steam.
Glow Group generate and supply electricity to Electricity Generating Authority of Thailand (EGAT) under Thailand's SPP (Small Power Producer) and IPP (Independent Power Producer) programs, as well as electricity, steam, industrial water and services to large industrial customers principally located in the Map Ta Phut area and nearby.
GDF SUEZ Energy Europe & International is Glow Energy’s major shareholder and is a division of the GDF SUEZ Group, one of the largest international industrial and services groups in the world.
For more information about GDF SUEZ please visit the companies’ website at www.gdfsuez.com.. For more information about the Glow Group please go to www.glow.co.th
The 3rd quarter NNP of 2009 for Glow stood at THB 899 million. The key drivers for the result were strong industrial customers’ sales, whose power and steam consumption have returned back to normal levels since mid year, and favorable operating margins, where fuel prices have stabilized along with the electricity tariffs.
The 3rd quarter result is THB 274 million below the previous quarter, mainly because of two key reasons. First, unlike in the previous quarter, the 3rd quarter result does not include the business interruption compensation for the outage earlier this year of the 150 MW coal-fired Unit 1. The Company expects to receive the remaining business interruption claim of more than THB 100 million. Secondly, there was lower availability in the 3rd quarter due to a minor forced outage and a one-month major maintenance of the 150 MW coal-fired Unit 2, which was deferred from the previous quarter, the total effect was a reduction in profitability in the 3rd quarter by about 100 million baht. The 4th quarter plant availability is expected to return to normal as there is no other major maintenance scheduled until later 2011
Mr. Esa Heiskanen, the CEO of Glow Group commented: “The operation and performance of the Group have returned to normal and our industrial customer sales volumes have returned to expected levels. Our operating margin has also recovered to normal levels as the Ft remains high and fuel prices have stabilized .”
Mr. Esa continued to add “We are following up very closely on what the impact of the temporary suspension ruling has on our numerous customers in Map Ta Phut, Glow currently has all the necessary permits for our expansions, including the 115 MW coal-fired, 382 MW gas-fired, and 660 MW coal-fired IPP. Our expansions will utilize proven technology to ensure low emissions and will include reduction in emission from our existing plants, where the net result will be an improvement in the overall air quality in Map Ta Phut. We are confident that our projects are environmentally sound and will benefit surrounding communities as the total emission from our existing and new plants would be lower than current levels.
”Glow’s year-to-date interest expenses and corporate income tax have increased from same period last year. The effective tax rate has gradually been increasing year on year, as tax privileges for some of Glow’s older plants are starting to expire. However, the overall effective tax rate for the group will come down after the tax exemption period begins for the expansion projects after commercial operation starting in 2010.
Mr. Suthiwong Kongsiri, the CFO of Glow Group further explained: “The increased interest expenses is not due to higher funding costs but it is reflecting the higher debt level due especially to our strategy to pre-fund some of our funding needs at the beginning of the year, this strategy is aimed at mitigating liquidity risk which has resulted from troubles in global financial market. We now have the necessary funding through to the 2nd quarter of 2010 and are very confident in our ability to secure the remaining funds needed for our expansion projects, thanks to our solid business fundamentals, robust performance and improved market conditions.”
About Glow Energy
Glow Energy is a member of the Glow Group who is a major energy player in Thailand. Glow Group combined installed capacities include 1,860 MW (Glow’s stake is 1,775 MW) of electricity and 967 tons per hour of steam.
Glow Group generate and supply electricity to Electricity Generating Authority of Thailand (EGAT) under Thailand's SPP (Small Power Producer) and IPP (Independent Power Producer) programs, as well as electricity, steam, industrial water and services to large industrial customers principally located in the Map Ta Phut area and nearby.
GDF SUEZ Energy Europe & International is Glow Energy’s major shareholder and is a division of the GDF SUEZ Group, one of the largest international industrial and services groups in the world.
For more information about GDF SUEZ please visit the companies’ website at www.gdfsuez.com.. For more information about the Glow Group please go to www.glow.co.th
Wednesday, November 11, 2009
EC SEEKS COURT RULING ON MANIT SHARE TRADING
The Election Commission will seek a Constitution Court ruling on whether to disqualify Deputy Public Health Minister Manit Nopamornbodi from office for holding shares in companies related to the media or state concessions.
Election Commission secretary-general Suthipol Thaweechaikarn said of 29 MPs the EC had referred for a Constitution Court ruling on whether to disqualify them for holding shares in prohibited businesses, four were ministers: Deputy Transport Minister Kuakul Danchaiwijit, Deputy Interior Minister Boonjong Wongtrairat, Deputy Prime Minister Sanan Kachornprasart and Manit.
The EC panel found that of the four, only Manit held prohibited shares on the day he assumed his ministerial post on December 20 last year. The three others sold the shares before taking up their posts.
Manit held 500 shares in True Corp from December 24, 2002- October 7, 2009 and 4 million shares in TPI Polene from January 21, 2004. He traded some shares 17 times, the latest on December 23 last year.
Suthipol said the EC believed Manit had violated Articles 265 and 267, resulting in disqualification and removal from his ministerial post, in accordance with Article 182 (7).
He denied the EC intended to harass Manit but it needed to check on whether holding prohibited shares should result in him being disqualified as minister.
Manit said he respected the EC's decision but would not resign till the Constitution Court issued its ruling.
He admitted he held 500 True shares, however since there were only a few hundred he did not sell them before assuming the post.
Deputy Prime Minister Suthep Thaugsuban said it would be too soon to decide whether to reshuffle the Cabinet following the EC decision. He said the government would rather wait till the Constitution Court announced its decision.
Election Commission secretary-general Suthipol Thaweechaikarn said of 29 MPs the EC had referred for a Constitution Court ruling on whether to disqualify them for holding shares in prohibited businesses, four were ministers: Deputy Transport Minister Kuakul Danchaiwijit, Deputy Interior Minister Boonjong Wongtrairat, Deputy Prime Minister Sanan Kachornprasart and Manit.
The EC panel found that of the four, only Manit held prohibited shares on the day he assumed his ministerial post on December 20 last year. The three others sold the shares before taking up their posts.
Manit held 500 shares in True Corp from December 24, 2002- October 7, 2009 and 4 million shares in TPI Polene from January 21, 2004. He traded some shares 17 times, the latest on December 23 last year.
Suthipol said the EC believed Manit had violated Articles 265 and 267, resulting in disqualification and removal from his ministerial post, in accordance with Article 182 (7).
He denied the EC intended to harass Manit but it needed to check on whether holding prohibited shares should result in him being disqualified as minister.
Manit said he respected the EC's decision but would not resign till the Constitution Court issued its ruling.
He admitted he held 500 True shares, however since there were only a few hundred he did not sell them before assuming the post.
Deputy Prime Minister Suthep Thaugsuban said it would be too soon to decide whether to reshuffle the Cabinet following the EC decision. He said the government would rather wait till the Constitution Court announced its decision.
NO LINKS YET FOUND BETWEEN SUSPECTS AND STOCK TRADERS
No connections have turned up between the two former and present securities staff arrested for posting provocative information on websites and large stock investors and foreign brokerages.
"After initial investigations, no links were found between the two suspects and the two foreign brokerages: UBS Securities Singapore and Credit Suisse Securities (Hong Kong)," Securities and Exchange Commission (SEC) secretary-general Thirachai Phuvanatnaranubala said yesterday.
The Stock Exchange of Thailand (SET) will continue looking for any relationships among the two suspects' 10 stock-trading clients.
Thiranan Vipuchanan, 43, who has reportedly worked as a securities executive, was arrested at Suvarnabhumi Airport on her return from a trip to Europe. Katha pajajiriyapong, 37, employed by KT Zmico Securities, was arrested in the Silom Road area on Sunday.
Both were charged with violating the Computer Act, which prohibits the dissemination of incorrect information that could threaten national security or alarm the public. Their information was passed around during the SET Index crash from October 14-15.
On October 14, Credit Suisse Securities (Hong Kong) was swamped with Bt3 billion worth of net sales of stock and UBS Securities Singapore with Bt1.3 billion in net sales. Other net sellers were mutual funds and private funds, including an individual Thai investor with Bt218 million in net sales.
The following day, UBS Securities Singapore recorded Bt1.3 billion in net purchases, making it the biggest net buyer. Other net buyers were foreign investors, mutual funds and an individual Thai investor with net buys of Bt145 million, making that investor the ninth-largest net buyer.
Thirachai said the SEC did not find anything unusual about the stock trading of those two large foreign investors or any involvement with the rumour-mongering.
The SEC has handed its report on the stock trades of these investors to the Department of Special Investigation (DSI).
"The DSI has now set up an investigating team, including representatives of the SEC," Thirachai said.
The SEC asked for more information about stock trading from UBS SECURITIES and received further details about trading orders. Thailand's SEC will no longer need to coordinate with Singapore's SEC for more information as planned.
However, the SEC has not yet received complete information regarding stock trading by Credit Suisse Securities (Hong Kong) from October 14-15, Thirachai said.
The SEC will not consider cancelling Katha's marketing licence just becasue he is under investigation by police.
SET chairman Sompol Kiatphaibool said the exchange was checking into possible violations of the SEC Act by the suspects.
"Although there is no record of Thiranan and Katha engaging in stock trading from October 14-15 trading orders have been uncovered that were made by Katha to 10 other investors," he said.
The SET will continue searching for any association between the two suspects and the 10 investors and any gains they may have made from trading on the harmful rumours.
Since Thiranan has been away from the securities industry for a long time, there was no information in the SET database about her trades, Sompol said.
"After initial investigations, no links were found between the two suspects and the two foreign brokerages: UBS Securities Singapore and Credit Suisse Securities (Hong Kong)," Securities and Exchange Commission (SEC) secretary-general Thirachai Phuvanatnaranubala said yesterday.
The Stock Exchange of Thailand (SET) will continue looking for any relationships among the two suspects' 10 stock-trading clients.
Thiranan Vipuchanan, 43, who has reportedly worked as a securities executive, was arrested at Suvarnabhumi Airport on her return from a trip to Europe. Katha pajajiriyapong, 37, employed by KT Zmico Securities, was arrested in the Silom Road area on Sunday.
Both were charged with violating the Computer Act, which prohibits the dissemination of incorrect information that could threaten national security or alarm the public. Their information was passed around during the SET Index crash from October 14-15.
On October 14, Credit Suisse Securities (Hong Kong) was swamped with Bt3 billion worth of net sales of stock and UBS Securities Singapore with Bt1.3 billion in net sales. Other net sellers were mutual funds and private funds, including an individual Thai investor with Bt218 million in net sales.
The following day, UBS Securities Singapore recorded Bt1.3 billion in net purchases, making it the biggest net buyer. Other net buyers were foreign investors, mutual funds and an individual Thai investor with net buys of Bt145 million, making that investor the ninth-largest net buyer.
Thirachai said the SEC did not find anything unusual about the stock trading of those two large foreign investors or any involvement with the rumour-mongering.
The SEC has handed its report on the stock trades of these investors to the Department of Special Investigation (DSI).
"The DSI has now set up an investigating team, including representatives of the SEC," Thirachai said.
The SEC asked for more information about stock trading from UBS SECURITIES and received further details about trading orders. Thailand's SEC will no longer need to coordinate with Singapore's SEC for more information as planned.
However, the SEC has not yet received complete information regarding stock trading by Credit Suisse Securities (Hong Kong) from October 14-15, Thirachai said.
The SEC will not consider cancelling Katha's marketing licence just becasue he is under investigation by police.
SET chairman Sompol Kiatphaibool said the exchange was checking into possible violations of the SEC Act by the suspects.
"Although there is no record of Thiranan and Katha engaging in stock trading from October 14-15 trading orders have been uncovered that were made by Katha to 10 other investors," he said.
The SET will continue searching for any association between the two suspects and the 10 investors and any gains they may have made from trading on the harmful rumours.
Since Thiranan has been away from the securities industry for a long time, there was no information in the SET database about her trades, Sompol said.
Magazine on a major mission
The Brits have Which?, Australians have Choice , and Americans have Consumer Report - to safeguard them from substandard products and poor services.
In Thailand, the seven-member editorial team of Chalard Sue (Smart Buyer)magazine is pursuing a similar mission tothose magazines in developed countries to arm Thai consumers with must-know facts before they buy goods and services.
The 16-year-old magazine, the publication arm of the Foundation for Consumers, is the first and only magazine in the country dedicated to protecting consumer rights. It also claims to be the only advertisement-free magazine in the
media business.
"An ad-free policy is crucial for a consumer magazine which needs to be 100% free of business influence tomaintain its credibility and neutrality," said the editorial chief of Smart Buyer,Thusanee Nanudorn.
In the initial years, the magazine was distributed to health officials nationwide free of charge, in the hope the officials would share the information in the magazine with local villagers.
The magazine, with a circulation of 6,000, is now available through subscriptions and Nai-in bookstands.
Every month, editorial staff are sent to buy goods and send them for testing at independent laboratories to find out if their quality matches what the manufacturers claim or advertise.
They test them all - from orange juice, school bags, Bluetooth earphones to toilet paper.
Many findings have become the talk of the town. For example, the testing of orange juice sold in local markets found many brands contained dangerously high levels of sugar, while ready-to-eat cup rice porridge had alarmingly high amounts of sodium.
And when the team bought toilet paper rolls and spread them out, they found the length of the tissue was shorter than stated on the product's label.
More product tests are in the pipeline,such as caffeine levels in popular coffee brands, the safety of Teflon pans, and the quality of detergent powder.
The results will be revealed in upcoming issues of the 80-baht magazine.
Product testing is not cheap, and the Smart Buyer's editorial staff do not do it just for fun.
"Product testing is the highlight of our magazine and we have a long list of products waiting for testing," Ms Thusanee said."The test results will help consumers decide what they should or should not buy," she said.
Each test costs between 50,000-200,000 baht because they have to buy products of various brands to compare. The lab services also cost a lot of money.
The budget for product testing comes from various sources, including subscription fees, and financial support from the Foundation for Consumers and the Thai Health Promotion Foundation.
Although the magazine has to shoulder huge production costs for each issue, it has no plan to sell advertising space,said Ms Thusanee.
"Smart Buyer would not have survived this long if had had to rely on advertisements which would have undermined the magazine's credibility," she said.
Apart from results of product tests and comparisons of price and quality between different brands, the magazine also provides readers with articles from experts in various fields, such as medicine,cosmetics and consumer law.
Although the magazine's content is controversial, putting it at risk of being sued by service providers or product manufacturers, the publication has never faced any lawsuits.
"After the release of each issue, our editorial staff receive only a few calls from manufacturers asking about test results and some complaints about how the findings will affect a product's image,"said Ms Thusanee.
"No one sues us because our information is reliable and based on scientific experiments," she said."The manufacturers may fear that lawsuits will further hurt product sales."
The 72-page publication currently has slightly more than 3,000 subscribers which is still lower than expected.
Despite the lower-thanexpected reader numbers, the spirit of the editorial team remains high.
"We believe our readership will grow," she said."The growing number of readers will not only salvage the magazine, but also strengthen Thai consumers."
Ms Thusanee conceded that working as a consumer watchdog had made her life more complicated because knowing too much about the dangers or poor quality of goods and services had left her with a limited choice.
"Our editorial staff have made a number of wrong decisions or consumed food products that are hazardous to their health or of low nutritional value. We aren't such smart buyers all the time.
In Thailand, the seven-member editorial team of Chalard Sue (Smart Buyer)magazine is pursuing a similar mission tothose magazines in developed countries to arm Thai consumers with must-know facts before they buy goods and services.
The 16-year-old magazine, the publication arm of the Foundation for Consumers, is the first and only magazine in the country dedicated to protecting consumer rights. It also claims to be the only advertisement-free magazine in the
media business.
"An ad-free policy is crucial for a consumer magazine which needs to be 100% free of business influence tomaintain its credibility and neutrality," said the editorial chief of Smart Buyer,Thusanee Nanudorn.
In the initial years, the magazine was distributed to health officials nationwide free of charge, in the hope the officials would share the information in the magazine with local villagers.
The magazine, with a circulation of 6,000, is now available through subscriptions and Nai-in bookstands.
Every month, editorial staff are sent to buy goods and send them for testing at independent laboratories to find out if their quality matches what the manufacturers claim or advertise.
They test them all - from orange juice, school bags, Bluetooth earphones to toilet paper.
Many findings have become the talk of the town. For example, the testing of orange juice sold in local markets found many brands contained dangerously high levels of sugar, while ready-to-eat cup rice porridge had alarmingly high amounts of sodium.
And when the team bought toilet paper rolls and spread them out, they found the length of the tissue was shorter than stated on the product's label.
More product tests are in the pipeline,such as caffeine levels in popular coffee brands, the safety of Teflon pans, and the quality of detergent powder.
The results will be revealed in upcoming issues of the 80-baht magazine.
Product testing is not cheap, and the Smart Buyer's editorial staff do not do it just for fun.
"Product testing is the highlight of our magazine and we have a long list of products waiting for testing," Ms Thusanee said."The test results will help consumers decide what they should or should not buy," she said.
Each test costs between 50,000-200,000 baht because they have to buy products of various brands to compare. The lab services also cost a lot of money.
The budget for product testing comes from various sources, including subscription fees, and financial support from the Foundation for Consumers and the Thai Health Promotion Foundation.
Although the magazine has to shoulder huge production costs for each issue, it has no plan to sell advertising space,said Ms Thusanee.
"Smart Buyer would not have survived this long if had had to rely on advertisements which would have undermined the magazine's credibility," she said.
Apart from results of product tests and comparisons of price and quality between different brands, the magazine also provides readers with articles from experts in various fields, such as medicine,cosmetics and consumer law.
Although the magazine's content is controversial, putting it at risk of being sued by service providers or product manufacturers, the publication has never faced any lawsuits.
"After the release of each issue, our editorial staff receive only a few calls from manufacturers asking about test results and some complaints about how the findings will affect a product's image,"said Ms Thusanee.
"No one sues us because our information is reliable and based on scientific experiments," she said."The manufacturers may fear that lawsuits will further hurt product sales."
The 72-page publication currently has slightly more than 3,000 subscribers which is still lower than expected.
Despite the lower-thanexpected reader numbers, the spirit of the editorial team remains high.
"We believe our readership will grow," she said."The growing number of readers will not only salvage the magazine, but also strengthen Thai consumers."
Ms Thusanee conceded that working as a consumer watchdog had made her life more complicated because knowing too much about the dangers or poor quality of goods and services had left her with a limited choice.
"Our editorial staff have made a number of wrong decisions or consumed food products that are hazardous to their health or of low nutritional value. We aren't such smart buyers all the time.
Wednesday, October 21, 2009
APPEALS COURT REJECTS BT12M DEMAND FOR RADIATION
After a fiveyear wait for the Bt12 million in compensation demanded by 12 people from the Kamol Sukosol company for radioactive contamination nine years ago, they have only managed to win little more than Bt600,000 in a Court of Appeals ruling.
The judges said the plaintiffs' appeal for Bt12,676,942 had no grounds, and upheld the Bt640,270 granted to them by the Civil Court in March 2004, which was reduced by Bt100,000 because the 4th and 5th plaintiffs are husband and wife and in legal terms are regarded as one person.
In the Civil Court ruled in March 2004 that the company had to pay Bt640,270 to the 12 plaintiffs.
The 12 plaintiffs had lodged a suit with the Civil Court demanding Bt109,264,360 from the company for being exposed to radioactive Cobolt 60, which was found abandoned at a warehouse owned by the Kamol Sukosol firm in January 2000.
Earlier in 2002, the 12 plaintiffs, including a number of scavengers and the owner of a scrap metal shop, had lodged a lawsuit against the Office of Atoms for Peace, demanding money for its failure to enforce regulations regarding proper storage of radioactive material. The Central Administrative Court ruled that the atomic agency pay them more than Bt5 million.
Sonthaya Sapathum, the 10th and only plaintiff present at the courthouse to hear the verdict yesterday, said he would speak to rest of the victims and consider if the case should be put before the Supreme Court.
The judges said the plaintiffs' appeal for Bt12,676,942 had no grounds, and upheld the Bt640,270 granted to them by the Civil Court in March 2004, which was reduced by Bt100,000 because the 4th and 5th plaintiffs are husband and wife and in legal terms are regarded as one person.
In the Civil Court ruled in March 2004 that the company had to pay Bt640,270 to the 12 plaintiffs.
The 12 plaintiffs had lodged a suit with the Civil Court demanding Bt109,264,360 from the company for being exposed to radioactive Cobolt 60, which was found abandoned at a warehouse owned by the Kamol Sukosol firm in January 2000.
Earlier in 2002, the 12 plaintiffs, including a number of scavengers and the owner of a scrap metal shop, had lodged a lawsuit against the Office of Atoms for Peace, demanding money for its failure to enforce regulations regarding proper storage of radioactive material. The Central Administrative Court ruled that the atomic agency pay them more than Bt5 million.
Sonthaya Sapathum, the 10th and only plaintiff present at the courthouse to hear the verdict yesterday, said he would speak to rest of the victims and consider if the case should be put before the Supreme Court.
Saturday, October 17, 2009
Magnificent seven
In the most important, most revered event since the invention of the brontosaurus trap,Microsoft shipped the most incredibly fabulous operating system ever made; the release of Windows 7 also spurred a new generation of personal computers of all sizes at prices well below last month's offers.The top reason Windows 7 does not suck: There is no registered website called Windows7Sucks.com
Kindle e-book reader maker Amazon.com and new Nook e-book reader vendor Barnes and Noble got it on; B&N got great reviews for the "Kindle killer"Nook, with dual screens and touch controls so you can "turn" pages, plays MP3s and allows many non-B&N book formats, although not the Kindle one;Amazon then killed the US version of its Kindle in favour of the international one, reduced its price to $260(8,700 baht), same as the Nook; it's not yet clear what you can get in Thailand with a Nook, but you sure can't (yet) get much, relatively speaking, with a Kindle;but here's the biggest difference so far,which Amazon.com has ignored: the Nook lets you lend e-books to any other Nook owner, just as if they were paper books; the borrowed books expire on the borrower's Nook in two weeks.
Phone maker Nokia of Finland announced it is suing iPhone maker Apple of America for being a copycat; lawyers said they figure Nokia can get at least one, probably two per cent (retail) for every iPhone sold by Steve "President for Life" Jobs and crew via the lawsuit,which sure beats working for it -$6 (200 baht) to $12(400 baht) on 30 million phones sold so far, works out to $400 million or 25 percent of the whole Apple empire profits during the last quarter;there were 10 patent thefts, the Finnish executives said, on everything from moving data to security and encryption.
Nokia of Finland announced that it is one month behind on shipping its new flagship N900 phone, the first to run on Linux software; delay of the $750(25,000 baht) phone had absolutely no part in making Nokia so short that it had to sue Apple, slap yourself for such a thought.
Tim Berners-Lee, who created the World Wide Web, said he had one regret:the double slash that follows the "http:"in standard web addresses; he estimated that 14.2 gazillion users have wasted 48.72 bazillion hours typing those two keystrokes, and he's sorry; of course there's no reason to ever type that, since your browser does it for you when you type "www.bangkokpost.com" but Tim needs to admit he made one error in his lifetime.
The International Telecommunication Union of the United Nations, which doesn't sell any phones or services, announced that there should be a mobile phone charger that will work with any phone; now who would ever have thought of that, without a UN body to wind up a major study on the subject?;the GSM Association estimates that 51,000 tonnes of chargers are made each year in order to keep companies able to have their own unique ones.
The Well, Doh Award of the Week was presented at arm's length to the United Nations Conference on Trade and Development; the group's deputy secretary-general Petko Draganov said that developing countries will miss some of the stuff available on the Internet if they don't install more broadband infrastructure; a report that used your tax baht to compile said that quite a few people use mobile phones but companies are more likely to invest in countries with excellent broadband connections; no one ever had thought of this before, right?
Sun Microsystems , as a result of the Oracle takeover, said it will allow 3,000 current workers never to bother coming to work again; Sun referred to the losses as "jobs," not people; now the fourth largest server maker in the world, Sun said it lost $2.2 billion in its last fiscal year; European regulators are holding up approval of the Oracle purchase in the hope of getting some money in exchange for not involving Oracle in court cases.
The multi-gazillionaire and very annoying investor Carl Icahn resigned from the board at Yahoo ; he spun it as a vote of confidence, saying current directors are taking the formerly threatened company seriously; Yahoo reported increased profits but smaller revenues in the third quarter.
The US House of Representatives voted to censure Vietnam for jailing bloggers; the non-binding resolution sponsored by southern California congresswoman Loretta Sanchez said the Internet is "a crucial tool for the citizens of Vietnam to be able to exercise their freedom of expression and association;"Hanoi has recently jailed at least nine activists for up to six years apiece for holding pro-democracy banners. Iran jailed blogger Hossein "Hoder" Derakshan for 10 months - in solitary confinement.
Kindle e-book reader maker Amazon.com and new Nook e-book reader vendor Barnes and Noble got it on; B&N got great reviews for the "Kindle killer"Nook, with dual screens and touch controls so you can "turn" pages, plays MP3s and allows many non-B&N book formats, although not the Kindle one;Amazon then killed the US version of its Kindle in favour of the international one, reduced its price to $260(8,700 baht), same as the Nook; it's not yet clear what you can get in Thailand with a Nook, but you sure can't (yet) get much, relatively speaking, with a Kindle;but here's the biggest difference so far,which Amazon.com has ignored: the Nook lets you lend e-books to any other Nook owner, just as if they were paper books; the borrowed books expire on the borrower's Nook in two weeks.
Phone maker Nokia of Finland announced it is suing iPhone maker Apple of America for being a copycat; lawyers said they figure Nokia can get at least one, probably two per cent (retail) for every iPhone sold by Steve "President for Life" Jobs and crew via the lawsuit,which sure beats working for it -$6 (200 baht) to $12(400 baht) on 30 million phones sold so far, works out to $400 million or 25 percent of the whole Apple empire profits during the last quarter;there were 10 patent thefts, the Finnish executives said, on everything from moving data to security and encryption.
Nokia of Finland announced that it is one month behind on shipping its new flagship N900 phone, the first to run on Linux software; delay of the $750(25,000 baht) phone had absolutely no part in making Nokia so short that it had to sue Apple, slap yourself for such a thought.
Tim Berners-Lee, who created the World Wide Web, said he had one regret:the double slash that follows the "http:"in standard web addresses; he estimated that 14.2 gazillion users have wasted 48.72 bazillion hours typing those two keystrokes, and he's sorry; of course there's no reason to ever type that, since your browser does it for you when you type "www.bangkokpost.com" but Tim needs to admit he made one error in his lifetime.
The International Telecommunication Union of the United Nations, which doesn't sell any phones or services, announced that there should be a mobile phone charger that will work with any phone; now who would ever have thought of that, without a UN body to wind up a major study on the subject?;the GSM Association estimates that 51,000 tonnes of chargers are made each year in order to keep companies able to have their own unique ones.
The Well, Doh Award of the Week was presented at arm's length to the United Nations Conference on Trade and Development; the group's deputy secretary-general Petko Draganov said that developing countries will miss some of the stuff available on the Internet if they don't install more broadband infrastructure; a report that used your tax baht to compile said that quite a few people use mobile phones but companies are more likely to invest in countries with excellent broadband connections; no one ever had thought of this before, right?
Sun Microsystems , as a result of the Oracle takeover, said it will allow 3,000 current workers never to bother coming to work again; Sun referred to the losses as "jobs," not people; now the fourth largest server maker in the world, Sun said it lost $2.2 billion in its last fiscal year; European regulators are holding up approval of the Oracle purchase in the hope of getting some money in exchange for not involving Oracle in court cases.
The multi-gazillionaire and very annoying investor Carl Icahn resigned from the board at Yahoo ; he spun it as a vote of confidence, saying current directors are taking the formerly threatened company seriously; Yahoo reported increased profits but smaller revenues in the third quarter.
The US House of Representatives voted to censure Vietnam for jailing bloggers; the non-binding resolution sponsored by southern California congresswoman Loretta Sanchez said the Internet is "a crucial tool for the citizens of Vietnam to be able to exercise their freedom of expression and association;"Hanoi has recently jailed at least nine activists for up to six years apiece for holding pro-democracy banners. Iran jailed blogger Hossein "Hoder" Derakshan for 10 months - in solitary confinement.
Tuesday, October 13, 2009
Kadeer says Chinese death sentences will "energage" Uighurs
Exiled Uighur leader Rebiya Kadeer yesterday said a Chinese court's decision to sentence six Uighurs to death over the July unrest would serve only to "furthe renrage" her people.
Kadeer, the US-based leader of the World Uighur Congress, added that she believed the Uighurs were not tried according to Chinese or international law.
"This is not going to create peace and stability in the region. this will further enrage the Uighur people," she said while on a visit to New Zealand, a day after the sentences in the Xinjiang regional capital Urumqi.
"For the Uighur people around the world this is very sad day, a day of mourning," Kadeer told Auckland stuednt radio station 95bFM through an interpreter.
The six were convicted of murder and other crimes Monday by a court n Urumqi in the first trials over July unrest in which nearly 200 people were killed.
China Central Television (CCTV) said one other defendant was sentenced to life in prison over the violence, in which members of the Uighur minority went on a rampage in attacks directed at members of the dominant Han ethnic group.
Xinhua news agency said the seven, all men, were convicred in three separate cases. It identified them by names that appeared to be Uighur.
Kadeer said in the radio interview during a four day visit to New Zealand that accused Uighurs did not receive proper legal defence or due process.
"Not only the six Uighurs, we believe a lot of Uighurs have been killed through torture in the prisons after July 5. This is an injustice," Kadeer said.
She added she hoped the international community would not ignore the death sentences.
July's unrest in western Xinjiang region was the worst ethnic violence to hit China in decades, leaving 197 people dead, most of them Han,and more than 1,600 injured, according to the government.
China's 8 million Uighurs have long complained o freligious, political and cultural oppression by Chinese authorities.
Kadeer arrived in New Zealand on Monday after being invited by the Green Party, a minor political party with nine seats in parliament.
She was to speak at public meetings in Auckland and Wellington yesterday and today and is due to meet Green legislators before I eaving tomorrow.
At a public meeting at the University of Auckland on yesterday,Kadeer was greeted by a small number of vocal pro-Beijing protesters brandishing a banner reading "AU does not welcome terrorist".
The Chinese government describes Kadeer's World Uighur Congress as a separatist terrorist movement and accuses the group of directing July's unrest.
Kadeer, the US-based leader of the World Uighur Congress, added that she believed the Uighurs were not tried according to Chinese or international law.
"This is not going to create peace and stability in the region. this will further enrage the Uighur people," she said while on a visit to New Zealand, a day after the sentences in the Xinjiang regional capital Urumqi.
"For the Uighur people around the world this is very sad day, a day of mourning," Kadeer told Auckland stuednt radio station 95bFM through an interpreter.
The six were convicted of murder and other crimes Monday by a court n Urumqi in the first trials over July unrest in which nearly 200 people were killed.
China Central Television (CCTV) said one other defendant was sentenced to life in prison over the violence, in which members of the Uighur minority went on a rampage in attacks directed at members of the dominant Han ethnic group.
Xinhua news agency said the seven, all men, were convicred in three separate cases. It identified them by names that appeared to be Uighur.
Kadeer said in the radio interview during a four day visit to New Zealand that accused Uighurs did not receive proper legal defence or due process.
"Not only the six Uighurs, we believe a lot of Uighurs have been killed through torture in the prisons after July 5. This is an injustice," Kadeer said.
She added she hoped the international community would not ignore the death sentences.
July's unrest in western Xinjiang region was the worst ethnic violence to hit China in decades, leaving 197 people dead, most of them Han,and more than 1,600 injured, according to the government.
China's 8 million Uighurs have long complained o freligious, political and cultural oppression by Chinese authorities.
Kadeer arrived in New Zealand on Monday after being invited by the Green Party, a minor political party with nine seats in parliament.
She was to speak at public meetings in Auckland and Wellington yesterday and today and is due to meet Green legislators before I eaving tomorrow.
At a public meeting at the University of Auckland on yesterday,Kadeer was greeted by a small number of vocal pro-Beijing protesters brandishing a banner reading "AU does not welcome terrorist".
The Chinese government describes Kadeer's World Uighur Congress as a separatist terrorist movement and accuses the group of directing July's unrest.
Monday, October 12, 2009
PHEU THAI WANTS ACTION AGAINST PM FOR ACCEPTING GOLD RING
The opposition Pheu Thai Party yesterday demanded the National Anti-Corruption Commission take action against Prime Minister Abhisit Vejjajiva for accepting a gold ring worth over Bt3,000 in violation of Article 103 of the NACC Act.
Pheu Thai Party spokesman Prompong Nopparit said the NACC had yet to decide on whether to indict Abhisit for accepting two pieces of ivory worth over Bt200,000 from Transport Minister Sophon Saram while he was visiting locals in Buri Ram.
Abhisit on Saturday accepted a gold ring worth more than Bt3,000 from a supporter in Ubon Ratchathani during his visit to the northeastern province. "Abhisit accepted the ring which is worth about Bt4,000 [according to current gold price] in defiance of the NACC's authority. If the NACC ignores Abhisit's action, all members should call on it to quit,'' he said.
Prompong dismissed PM's Office Minister Satit Wongnongtaey's claim the ring was bought many years ago for a few hundred baht, saying the valuation must be the current price.
Abhisit said he was ready to return the ring if it was found to be worth over Bt3,000. He said after accepting the ring, he instructed officials to check if its value was more than the legal limit. If it was more than Bt3,000, he would be willing to return it.
NACC commissioner Wicha Mahakhun said if politicians had any doubt that the gifts they received were beyond legal limits, they could ask the PM's Office Minister to check their value. He pointed out the case where the PM accepted a couple of ivory pieces from Sophon and after finding out later the gifts were over the legal value limit, notified the House speaker and returned them.
"If the gifts are over Bt3,000 and they are returned, the matter is ended. This is not about corruption or fraud,'' he said.
Pheu Thai Party spokesman Prompong Nopparit said the NACC had yet to decide on whether to indict Abhisit for accepting two pieces of ivory worth over Bt200,000 from Transport Minister Sophon Saram while he was visiting locals in Buri Ram.
Abhisit on Saturday accepted a gold ring worth more than Bt3,000 from a supporter in Ubon Ratchathani during his visit to the northeastern province. "Abhisit accepted the ring which is worth about Bt4,000 [according to current gold price] in defiance of the NACC's authority. If the NACC ignores Abhisit's action, all members should call on it to quit,'' he said.
Prompong dismissed PM's Office Minister Satit Wongnongtaey's claim the ring was bought many years ago for a few hundred baht, saying the valuation must be the current price.
Abhisit said he was ready to return the ring if it was found to be worth over Bt3,000. He said after accepting the ring, he instructed officials to check if its value was more than the legal limit. If it was more than Bt3,000, he would be willing to return it.
NACC commissioner Wicha Mahakhun said if politicians had any doubt that the gifts they received were beyond legal limits, they could ask the PM's Office Minister to check their value. He pointed out the case where the PM accepted a couple of ivory pieces from Sophon and after finding out later the gifts were over the legal value limit, notified the House speaker and returned them.
"If the gifts are over Bt3,000 and they are returned, the matter is ended. This is not about corruption or fraud,'' he said.
Sunday, October 11, 2009
JAPANESE VOICE INVESTMENT FEARS
The Japanese Chamber of Commerce yesterday expressed its concern about the court injunction on 76 industrial projects, which affects some of its members and could have a wider effect on other projects in Map Ta Phut Industrial Estate.
Yo Jitsukata, president of the Bangkok-based chamber, said in a statement that some plants in the estate might have to shut down their operations due to a shortage of raw materials to be supplied by some of the suspended projects.
Among the 76 projects, two belong to Ube Nylon (Thailand) and Siam Mitsui PTA.
He said that if the dispute were not resolved quickly, it could affect Thailand's inward investment, including that from Japan. This would also pose a threat to the Kingdom's economic recovery as well as the strategy to strengthen Thailand's basic industries.
Jitsukata added that Japanese investors were concerned about that Japanese investors were concerned about pollution problems and had cooperated with the public sector to ensure economic development went hand in hand with protecting the environment.
They have also worked with Japanese organisations to address environmental problems in Thailand.
Meanwhile, Tevin Vongvanich, chief finance officer of PTT, said the company would need to review its five-year investment plan, as some of the investment projects were affected by the injunction-including the sixth gas-separation plant and a natural-gas-separation plant and a natural-gas station.
PTT plans to invest Bt230 billion during 2009-2013, including Bt148 billion by its subsidiary PTT Exploration and Production. Twenty-five of the 76 suspended projects belong to the group.
"Some projects are not yet affected in the absence of an official order, but we need to prepare ourselves, as the court is reviewing the injunction and the case against government units. The review of the investment plan will take into account long-term effects on Map Ta Phut, and will provide new investment options if projects in Map Ta Phut are suspended," Tevin said.
Toyo-Thai Corp, a construction compamy, said work at two projects in Map Ta Phut continued as usual, and the company had realised 80 per cent of the construction value.
Kasikorn Research Centre yesterday said the government needed to eliminate the environmental hurdles for the 76 projects, because the projects are intended to strengthen Thailand's energy security and reduce imports.
Yo Jitsukata, president of the Bangkok-based chamber, said in a statement that some plants in the estate might have to shut down their operations due to a shortage of raw materials to be supplied by some of the suspended projects.
Among the 76 projects, two belong to Ube Nylon (Thailand) and Siam Mitsui PTA.
He said that if the dispute were not resolved quickly, it could affect Thailand's inward investment, including that from Japan. This would also pose a threat to the Kingdom's economic recovery as well as the strategy to strengthen Thailand's basic industries.
Jitsukata added that Japanese investors were concerned about that Japanese investors were concerned about pollution problems and had cooperated with the public sector to ensure economic development went hand in hand with protecting the environment.
They have also worked with Japanese organisations to address environmental problems in Thailand.
Meanwhile, Tevin Vongvanich, chief finance officer of PTT, said the company would need to review its five-year investment plan, as some of the investment projects were affected by the injunction-including the sixth gas-separation plant and a natural-gas-separation plant and a natural-gas station.
PTT plans to invest Bt230 billion during 2009-2013, including Bt148 billion by its subsidiary PTT Exploration and Production. Twenty-five of the 76 suspended projects belong to the group.
"Some projects are not yet affected in the absence of an official order, but we need to prepare ourselves, as the court is reviewing the injunction and the case against government units. The review of the investment plan will take into account long-term effects on Map Ta Phut, and will provide new investment options if projects in Map Ta Phut are suspended," Tevin said.
Toyo-Thai Corp, a construction compamy, said work at two projects in Map Ta Phut continued as usual, and the company had realised 80 per cent of the construction value.
Kasikorn Research Centre yesterday said the government needed to eliminate the environmental hurdles for the 76 projects, because the projects are intended to strengthen Thailand's energy security and reduce imports.
Thursday, October 8, 2009
New UN guide on dealing with human trafficking
A guide is now available for relevant agencies to consult in upholding human rights and ethics during counter-trafficking operations.
Published by the United Nations Inter-Agency Project on Human Trafficking (UNIAP), the guide will serve as a tool for policy makers, practitioners and researchers.
Among the key principles are that all officials involved must prioritise personal safety and security, and that they must get informed consent with no coercion.
"Do no harm. Be compassionate and neutral," the guide adds.
It insists that relevant officials must ensure anonymity and confidentiality to the greatest extent possible.
It also calls for the adequate selection and preparation of interpreters.
This special guide is entitled, "Guide to Ethics and Human Rights in Counter Trafficking".
In collaboration with Thailand's Department of Special Investigation, UNIAP has already translated the guide into Thai.
There are now 8,000 copies of the Thai version.
These copies are to be distributed to law-enforcement agencies and relevant officials across the country.
"Rather than improving the lives of victims of trafficking, you can actually put them in greater danger if you don't apply some very basic rules on ethics", Ratchada Jayagupta said yesterday in her capacity as Thailand National Project Coordinator for UNIAP.
She was speaking at a workshop in Bangkok.
The workshop aimed at providing a strong and well-coordinated response to human trafficking among all partners and organisations engaged in counter-trafficking work in the Greater Mekong Sub-Region (GMS).
The GMS countries are China, Cambodia, Laos, Burma, Thailand and Vietnam.
"Counter-trafficking practitioners, especially law enforcement officials, must have a good understanding of the essence of human rights and the right to basic liberties of their fellow human beings, in order to be able to bring justice to everyone involved in a professional and ethical manner", Pol Colonel Tawee Sodsong said at the workshop.
He is the Director General of Thailand's Department of Special Investigations.
Published by the United Nations Inter-Agency Project on Human Trafficking (UNIAP), the guide will serve as a tool for policy makers, practitioners and researchers.
Among the key principles are that all officials involved must prioritise personal safety and security, and that they must get informed consent with no coercion.
"Do no harm. Be compassionate and neutral," the guide adds.
It insists that relevant officials must ensure anonymity and confidentiality to the greatest extent possible.
It also calls for the adequate selection and preparation of interpreters.
This special guide is entitled, "Guide to Ethics and Human Rights in Counter Trafficking".
In collaboration with Thailand's Department of Special Investigation, UNIAP has already translated the guide into Thai.
There are now 8,000 copies of the Thai version.
These copies are to be distributed to law-enforcement agencies and relevant officials across the country.
"Rather than improving the lives of victims of trafficking, you can actually put them in greater danger if you don't apply some very basic rules on ethics", Ratchada Jayagupta said yesterday in her capacity as Thailand National Project Coordinator for UNIAP.
She was speaking at a workshop in Bangkok.
The workshop aimed at providing a strong and well-coordinated response to human trafficking among all partners and organisations engaged in counter-trafficking work in the Greater Mekong Sub-Region (GMS).
The GMS countries are China, Cambodia, Laos, Burma, Thailand and Vietnam.
"Counter-trafficking practitioners, especially law enforcement officials, must have a good understanding of the essence of human rights and the right to basic liberties of their fellow human beings, in order to be able to bring justice to everyone involved in a professional and ethical manner", Pol Colonel Tawee Sodsong said at the workshop.
He is the Director General of Thailand's Department of Special Investigations.
Sunday, October 4, 2009
High court to rule on terror cases
Hot-button issues including gun rights and counterterrorism will be on the docket when the US Supreme Court, including newest member Sonia Sotomayor, begins a new term today.
The nation's highest court, whose decisions deeply affect US policy, will also go to work amid growing speculation over the possible departure of a judge.
The nine justices have agreed to examine 55 cases this term. They will soon decide whether to add to that roster an appeal brought by Guantanamo Bay detainees who have been cleared for release and want to resettle in the US.
Another sensitive case likely to be taken up by the court is President Barack Obama's request to block the release of photos showing detainee abuse at the hands of US personnel in Iraq and Afghanistan, despite a court order demanding the images be made public.
The justices have already agreed to take on a case that involves defining the parameters of the term "material support to terrorism", a charge that has been levelled in recent years in dozens of cases to obtain some 60 convictions. It has become an important tool for prosecutors because it is such a broad term.
But its use is being contested by a rights group on behalf of an organisation that has worked on closely with members of the Kurdistan Workers Party and the Tamil Tigers.
Whatever decision the court makes,it will affect dozens of detainees at Guantanamo who have had the charge levelled against them.
On gun rights, the court will hear a case asking it to specify whether its June 2008 ruling confirming Americans' rights to bear firearms, at home and for self defence, applies even where local and state governments ban weapons.
The justices will also decide whether minors can be sentenced to life in prison without parole for crimes other than murder. About 100 prisoners face this situation in the US.
The court also will be asked to decide whether the immunity of former Somali prime minister Mohammed Ali Samatar can be lifted to allow him to be pursued for alleged torture and murders committed in the 1980s.
The nation's highest court, whose decisions deeply affect US policy, will also go to work amid growing speculation over the possible departure of a judge.
The nine justices have agreed to examine 55 cases this term. They will soon decide whether to add to that roster an appeal brought by Guantanamo Bay detainees who have been cleared for release and want to resettle in the US.
Another sensitive case likely to be taken up by the court is President Barack Obama's request to block the release of photos showing detainee abuse at the hands of US personnel in Iraq and Afghanistan, despite a court order demanding the images be made public.
The justices have already agreed to take on a case that involves defining the parameters of the term "material support to terrorism", a charge that has been levelled in recent years in dozens of cases to obtain some 60 convictions. It has become an important tool for prosecutors because it is such a broad term.
But its use is being contested by a rights group on behalf of an organisation that has worked on closely with members of the Kurdistan Workers Party and the Tamil Tigers.
Whatever decision the court makes,it will affect dozens of detainees at Guantanamo who have had the charge levelled against them.
On gun rights, the court will hear a case asking it to specify whether its June 2008 ruling confirming Americans' rights to bear firearms, at home and for self defence, applies even where local and state governments ban weapons.
The justices will also decide whether minors can be sentenced to life in prison without parole for crimes other than murder. About 100 prisoners face this situation in the US.
The court also will be asked to decide whether the immunity of former Somali prime minister Mohammed Ali Samatar can be lifted to allow him to be pursued for alleged torture and murders committed in the 1980s.
LESSONS THAT THE LOTTERY VERDICT DIDN'T TEACH US
Collective responsibility of the Cabinet did not feature in court ruling on controversial scheme The Supreme Court this past week gave another good political lecture, or so it looked. The grounds for ruling that the Thaksin Shinawatra government's "on-land" lottery scheme was wrongly conceived, approved and implemented seemed solid. This was no "charity lottery" as claimed by the defendants, the court said, because a charity lottery was supposed to be temporary, with its own unique rules on tax-waiver and how the income generated from the sales was spent.
The ruling, however, did not tackle the issue of joint accountability, as most members of the former Cabinet were acquitted by the court. The verdict found one minister and two senior officials guilty and gave them suspended two-year jail terms. This has raised many eyebrows, as the Cabinet resolution approving the scheme had been thought to be the joint responsibility of the entire Cabinet.
The court pointed out that the scheme had been rushed through the Cabinet under the guise of an "extraordinary item on the agenda". This is a common term not just in politics. Every boardroom has special items on its agenda, but few, if any, must have a rule that says board members are immune from the consequences of decisions made on such urgent issues.
There are two ways to look at it. One is that the court has shown sympathy toward "innocent" or helpless Cabinet members after establishing that Thaksin collaborated with the three convicted defendants to ram the lottery scheme through a Cabinet session. That was reportedly how the Thaksin cabinets worked on certain issues - the boss would say what he liked and the rest would follow his will.
But should there have been a proper time to teach Thai political officeholders about responsibility and accountability, this was it. All Cabinet members are constitutionally entrusted to exercise their judgement on every single item on the agenda. We have heard about "heated debates" on less controversial issues, which were subsequently delayed or suspended, or put through several special committees, and it was amazing to learn that this particular Thaksin Cabinet let the questionable lottery scheme through without anyone trying to put a brake on it.
Concern that the on-land lottery would be nothing but a vice-promoting tool should have been enough to make a Cabinet member or two stand up and say, "Hold on". Sadly, we have seen such valiant acts only when two coalition parties disagree over certain lucrative projects. Sincere protests caused by honest concern for national interests are hard to come by at Cabinet meetings.
Make no mistake. Whether the on-land lottery scheme was good or bad is debatable. And there were times during its implementation when underground lottery rackets were said to be really reeling. Money generated from sales was used for educational subsidy, although critics claimed the "populist" purpose was not worth introducing a project that could lure more Thais into gambling.
Without an on-land lottery, people would continue indulging themselves in the underground lottery anyway. Should those people have been brought "on-land" and their money taken to "noble" causes like school or university scholarships? On the other hand, was our state so desperate that it had to fund scholarships through vice money? Couldn't the money be found elsewhere without risking the impression that more public gambling was fine as long as the state played the role of bookie itself?
These, of course, were among the questions that the Thaksin Cabinet in question should have collectively thought thoroughly about. It is unbelievable that only four persons were responsible for pushing such a controversial scheme through. We are not that surprised to learn that many crucial decisions that were supposed to have come through Cabinet scrutiny were in fact made by just a few men - but that we're not shocked doesn't mean we shouldn't be scared.
The ones who are supposed to be scared of consequences of autocratic Cabinet meetings are the Cabinet members themselves. To get away with being silent when they should have made a noise may not be a travesty of justice. It may not be a crime to helplessly watch a crime. But can this argument really be applied in favour of the Cabinet members who were let off the hook?
The Supreme Court's ruling on the lottery case may provide a good lesson for future prime ministers or ministers advocating key projects, but nothing has been taught when collective responsibility is concerned.
Checks and balances should begin at home. In other words, it is the Cabinet members' foremost duty to screen all projects with only national interests on their minds. They are supposed to do that before the media, the opposition, the Senate or any critic. Amid all the debatable questions regarding the Cabinet members who were found not guilty, one thing is certain: they failed to fulfil that duty.
The ruling, however, did not tackle the issue of joint accountability, as most members of the former Cabinet were acquitted by the court. The verdict found one minister and two senior officials guilty and gave them suspended two-year jail terms. This has raised many eyebrows, as the Cabinet resolution approving the scheme had been thought to be the joint responsibility of the entire Cabinet.
The court pointed out that the scheme had been rushed through the Cabinet under the guise of an "extraordinary item on the agenda". This is a common term not just in politics. Every boardroom has special items on its agenda, but few, if any, must have a rule that says board members are immune from the consequences of decisions made on such urgent issues.
There are two ways to look at it. One is that the court has shown sympathy toward "innocent" or helpless Cabinet members after establishing that Thaksin collaborated with the three convicted defendants to ram the lottery scheme through a Cabinet session. That was reportedly how the Thaksin cabinets worked on certain issues - the boss would say what he liked and the rest would follow his will.
But should there have been a proper time to teach Thai political officeholders about responsibility and accountability, this was it. All Cabinet members are constitutionally entrusted to exercise their judgement on every single item on the agenda. We have heard about "heated debates" on less controversial issues, which were subsequently delayed or suspended, or put through several special committees, and it was amazing to learn that this particular Thaksin Cabinet let the questionable lottery scheme through without anyone trying to put a brake on it.
Concern that the on-land lottery would be nothing but a vice-promoting tool should have been enough to make a Cabinet member or two stand up and say, "Hold on". Sadly, we have seen such valiant acts only when two coalition parties disagree over certain lucrative projects. Sincere protests caused by honest concern for national interests are hard to come by at Cabinet meetings.
Make no mistake. Whether the on-land lottery scheme was good or bad is debatable. And there were times during its implementation when underground lottery rackets were said to be really reeling. Money generated from sales was used for educational subsidy, although critics claimed the "populist" purpose was not worth introducing a project that could lure more Thais into gambling.
Without an on-land lottery, people would continue indulging themselves in the underground lottery anyway. Should those people have been brought "on-land" and their money taken to "noble" causes like school or university scholarships? On the other hand, was our state so desperate that it had to fund scholarships through vice money? Couldn't the money be found elsewhere without risking the impression that more public gambling was fine as long as the state played the role of bookie itself?
These, of course, were among the questions that the Thaksin Cabinet in question should have collectively thought thoroughly about. It is unbelievable that only four persons were responsible for pushing such a controversial scheme through. We are not that surprised to learn that many crucial decisions that were supposed to have come through Cabinet scrutiny were in fact made by just a few men - but that we're not shocked doesn't mean we shouldn't be scared.
The ones who are supposed to be scared of consequences of autocratic Cabinet meetings are the Cabinet members themselves. To get away with being silent when they should have made a noise may not be a travesty of justice. It may not be a crime to helplessly watch a crime. But can this argument really be applied in favour of the Cabinet members who were let off the hook?
The Supreme Court's ruling on the lottery case may provide a good lesson for future prime ministers or ministers advocating key projects, but nothing has been taught when collective responsibility is concerned.
Checks and balances should begin at home. In other words, it is the Cabinet members' foremost duty to screen all projects with only national interests on their minds. They are supposed to do that before the media, the opposition, the Senate or any critic. Amid all the debatable questions regarding the Cabinet members who were found not guilty, one thing is certain: they failed to fulfil that duty.
PAKISTAN COURT PUTS OFF TERROR TRIAL ONCE MORE
A Pakistani court yesterday adjourned for a second time a hearing for seven suspects accused by India of plotting the deadly Mumbai attacks last year, a lawyer said. Ne Delhi has been pressuring Islamabad to speed up the probe of Pakistani militants believed to be behind the Mumbai attacks that killed 166 people.
India and Washington blamed the attacks on Pakistan's banned militant group Lashkar-e-Taiba (LeT) and the siege stalled a fragile four-year peace process between the two nuclear-armed South Asian rivals.
"The hearing has been adjourned until the 10th of October," said Shahbaz Rajput, a defence lawyer representing two of the suspects.
Because the proceedings at an anti-terrorism court are going on behind closed doors, Rajput said the could not disclose the reason for the second postponement, or give any details of the case. The seven accused were present at yesterday's proceedings. The hearing had originally been scheduled to begin on July 25, but was postponed then as the judge was on leave.
India and Washington blamed the attacks on Pakistan's banned militant group Lashkar-e-Taiba (LeT) and the siege stalled a fragile four-year peace process between the two nuclear-armed South Asian rivals.
"The hearing has been adjourned until the 10th of October," said Shahbaz Rajput, a defence lawyer representing two of the suspects.
Because the proceedings at an anti-terrorism court are going on behind closed doors, Rajput said the could not disclose the reason for the second postponement, or give any details of the case. The seven accused were present at yesterday's proceedings. The hearing had originally been scheduled to begin on July 25, but was postponed then as the judge was on leave.
Clashes of interest new NACC priority
About 100,000 state officials will be subject to close scrutiny for possible conflicts of interest under a legal change backed by the National Anti-Corruption Commission (NACC).
Graft-buster Wichai Wiwitsewi said yesterday armed forces leaders, university rectors and state enterprise board members are likely to join the prime minister and members of the cabinet defined as "state officials" under transparency provisions of the anti-corruption legislation.
The NACC wants to update a list of state officials under Article 100 who are barred from having interests in contracts made with state agencies which they have the authority to control, oversee or regulate. They may have to make annual declarations of assets they own, and could be subject to other reporting requirements.
When the law was introduced in 1999,the provision did not specify the "state officials" who were subject to examination for conflict of interest.
The positions of prime minister and cabinet members and their spouses were added later.
The guilty verdict against former prime minister Thaksin Shinawatra in the Ratchadaphisek land purchase scheme was partly based on the provision. In October 2008, Thaksin was convicted
by the Supreme Court's Criminal Division for Holders of Political Positions of abusing his power while he was prime minister to help his wife's purchase of the Ratchadaphisek land at a discount in 2006.
Mr Wichai said the positions to be added to the list were proposed during a series of NACC seminars.
"About 80-90%[of people surveyed]want the list to include executive positions at government agencies. These positions will be screened again and the list could be put in effect next year.
"It will give the NACC a tool to better tackle conflict of interest," he said.
It would be impossible to have all state officials come under Article 100.
"But it helps to be specific [about what constitutes a conflict of interest and if it is against the law] because in some cases a conflict of interest does not involve corruption," he said.
Democrat Party deputy spokesman Thirachart Pangwirunrak said yesterday government officials in executive posts such as permanent secretaries, directorsgeneral and provincial governors should be scrutinised.
Investigations by House committees found that some members serve on state enterprise and private company boards and make millions of baht in monthly salaries and allowances.
"There is this case in which a deputy governor of a state enterprise has shares in a company which is the agency's contract partner. Article 100 doesn't cover such a case," he said.
He also welcomed the prospect of politicians being scrutinised for possible conflict of interest.
Preecha Suwannathat, former writer of the NACC Act, yesterday backed the proposed extension of the list, saying even judges and graft-fighters should be covered by the provision.
He also suggested that corruptiontainted agencies should be listed.
Dr Tul Sitthisomwong, of the Civil Network, said the extension of the state officials list would give the NACC more power to fight corruption.
The NACC says a total of 3,657 corruption cases are pending its investigation.
Graft-buster Wichai Wiwitsewi said yesterday armed forces leaders, university rectors and state enterprise board members are likely to join the prime minister and members of the cabinet defined as "state officials" under transparency provisions of the anti-corruption legislation.
The NACC wants to update a list of state officials under Article 100 who are barred from having interests in contracts made with state agencies which they have the authority to control, oversee or regulate. They may have to make annual declarations of assets they own, and could be subject to other reporting requirements.
When the law was introduced in 1999,the provision did not specify the "state officials" who were subject to examination for conflict of interest.
The positions of prime minister and cabinet members and their spouses were added later.
The guilty verdict against former prime minister Thaksin Shinawatra in the Ratchadaphisek land purchase scheme was partly based on the provision. In October 2008, Thaksin was convicted
by the Supreme Court's Criminal Division for Holders of Political Positions of abusing his power while he was prime minister to help his wife's purchase of the Ratchadaphisek land at a discount in 2006.
Mr Wichai said the positions to be added to the list were proposed during a series of NACC seminars.
"About 80-90%[of people surveyed]want the list to include executive positions at government agencies. These positions will be screened again and the list could be put in effect next year.
"It will give the NACC a tool to better tackle conflict of interest," he said.
It would be impossible to have all state officials come under Article 100.
"But it helps to be specific [about what constitutes a conflict of interest and if it is against the law] because in some cases a conflict of interest does not involve corruption," he said.
Democrat Party deputy spokesman Thirachart Pangwirunrak said yesterday government officials in executive posts such as permanent secretaries, directorsgeneral and provincial governors should be scrutinised.
Investigations by House committees found that some members serve on state enterprise and private company boards and make millions of baht in monthly salaries and allowances.
"There is this case in which a deputy governor of a state enterprise has shares in a company which is the agency's contract partner. Article 100 doesn't cover such a case," he said.
He also welcomed the prospect of politicians being scrutinised for possible conflict of interest.
Preecha Suwannathat, former writer of the NACC Act, yesterday backed the proposed extension of the list, saying even judges and graft-fighters should be covered by the provision.
He also suggested that corruptiontainted agencies should be listed.
Dr Tul Sitthisomwong, of the Civil Network, said the extension of the state officials list would give the NACC more power to fight corruption.
The NACC says a total of 3,657 corruption cases are pending its investigation.
Highest court moves out of upper house
British constitutional history was made on Thursday as judges in a new Supreme Court were sworn in,replacing the House of Lords as Britain's highest appeal tribunal.
Ending a centuries-old judicial quirk,11 new justices took their oaths of office in the new Supreme Court of the United Kingdom, housed in a gothic building just across from the Houses of Parliament.
Although largely symbolic, the move - which will also see cameras allowed into court for the first time - should make the administration of justice more transparent, politicians and judges say.
"This is important. It emphasises the independence of the judiciary, clearly separating those who make the law from those who administer it," said Lord Nicholas Phillips, president of the new court.
"As Justices of the Supreme Court,we will be more visible to the public than we ever were when sitting as members of the House of Lords."
Since 1876, the role of final court of appeal for England, Wales and Northern Ireland has been performed by the Law Lords, a House of Lords committee made up of top judges.
Before then, it was the job of ordinary peers who contemporary commentators said were often unfamiliar with the law - and keener on drinking at gentlemen's clubs than hearing complex cases.
Although the Law Lords' independence was not in question, in recent years ministers and many top lawyers came to believe that separating the judiciary, parliament and the executive was important for the sake of clarity.
The new Supreme Court Justices are in fact the same men who had until now been called Law Lords - minus their wigs.
Ending a centuries-old judicial quirk,11 new justices took their oaths of office in the new Supreme Court of the United Kingdom, housed in a gothic building just across from the Houses of Parliament.
Although largely symbolic, the move - which will also see cameras allowed into court for the first time - should make the administration of justice more transparent, politicians and judges say.
"This is important. It emphasises the independence of the judiciary, clearly separating those who make the law from those who administer it," said Lord Nicholas Phillips, president of the new court.
"As Justices of the Supreme Court,we will be more visible to the public than we ever were when sitting as members of the House of Lords."
Since 1876, the role of final court of appeal for England, Wales and Northern Ireland has been performed by the Law Lords, a House of Lords committee made up of top judges.
Before then, it was the job of ordinary peers who contemporary commentators said were often unfamiliar with the law - and keener on drinking at gentlemen's clubs than hearing complex cases.
Although the Law Lords' independence was not in question, in recent years ministers and many top lawyers came to believe that separating the judiciary, parliament and the executive was important for the sake of clarity.
The new Supreme Court Justices are in fact the same men who had until now been called Law Lords - minus their wigs.
Chavalit returns to political fray, joins Puea Thai Party
Former prime minister Chavalit Yongchaiyudh has officially resumed his political career, joining the opposition Puea Thai Party and putting forward a plan to restore national unity.
Speaking after registering as a Puea Thai member yesterday, Gen Chavalit said he was driven by an urge to end "unprecedented" social divisions.
He said that it was not him who chose to resume his political activities with the Puea Thai Party. The decision was made by the public at large.
"I did not do the choosing. I asked around - most people like the poor,the farmers, the workers, police, soldiers and those in the deep South. They want me to be here," he said.
He said that at this stage he was a plain party member and was willing to work with other members in making Puea Thai a "political party for the masses".
Gen Chavalit was approached to become the party's chief adviser.
The former prime minister said a dialogue would be the best approach to end political conflicts and divisions.
Gen Chavalit laughed and said he was not in a hurry when asked if he was ready to become prime minister.
He also played down the pending charges against him for his alleged involvement in the Oct 7 crackdown last year, saying he would fight the charges through all available channels.
The National Anti-Corruption Commission recently resolved to file charges against him over the police crackdown on People's Alliance for Democracy demonstrators on Oct 7,2008. Gen Chavalit was deputy prime minister in charge of security affairs at the time.
Gen Chavalit, accompanied by 20 supporters, was greeted with a warm welcome and given a Puea Thai Party jacket by Puea Thai leader Yongyuth Wichaidit after completing his paperwork.
Among his supporters was Gen Panlop Pinmanee, former deputy director of the Internal Security Operations Command, who said yesterday he was ready to bury the hatchet with Gen Chavalit.
"Our conflict was strictly about work.I still respect him and now we share the same ideology," said Gen Panlop who was transferred by Gen Chavalit over the Krue Se massacre in April 2004.
He said the teaming-up of Gen Chavalit, Gen Orapan Wattanawibul, Gen Wattana Sanpanich and Lt Gen Pirat Sawamiwat would be a formidable force.
"Old soldiers never die and they are ready to work for the country," he said.
Lt Gen Pirat said yesterday that the Puea Thai Party had leadership problems which he believed would be resolved in a a few months.
Speaking after registering as a Puea Thai member yesterday, Gen Chavalit said he was driven by an urge to end "unprecedented" social divisions.
He said that it was not him who chose to resume his political activities with the Puea Thai Party. The decision was made by the public at large.
"I did not do the choosing. I asked around - most people like the poor,the farmers, the workers, police, soldiers and those in the deep South. They want me to be here," he said.
He said that at this stage he was a plain party member and was willing to work with other members in making Puea Thai a "political party for the masses".
Gen Chavalit was approached to become the party's chief adviser.
The former prime minister said a dialogue would be the best approach to end political conflicts and divisions.
Gen Chavalit laughed and said he was not in a hurry when asked if he was ready to become prime minister.
He also played down the pending charges against him for his alleged involvement in the Oct 7 crackdown last year, saying he would fight the charges through all available channels.
The National Anti-Corruption Commission recently resolved to file charges against him over the police crackdown on People's Alliance for Democracy demonstrators on Oct 7,2008. Gen Chavalit was deputy prime minister in charge of security affairs at the time.
Gen Chavalit, accompanied by 20 supporters, was greeted with a warm welcome and given a Puea Thai Party jacket by Puea Thai leader Yongyuth Wichaidit after completing his paperwork.
Among his supporters was Gen Panlop Pinmanee, former deputy director of the Internal Security Operations Command, who said yesterday he was ready to bury the hatchet with Gen Chavalit.
"Our conflict was strictly about work.I still respect him and now we share the same ideology," said Gen Panlop who was transferred by Gen Chavalit over the Krue Se massacre in April 2004.
He said the teaming-up of Gen Chavalit, Gen Orapan Wattanawibul, Gen Wattana Sanpanich and Lt Gen Pirat Sawamiwat would be a formidable force.
"Old soldiers never die and they are ready to work for the country," he said.
Lt Gen Pirat said yesterday that the Puea Thai Party had leadership problems which he believed would be resolved in a a few months.
Ex-cop sues graft fighters
The Criminal Court has accepted a lawsuit filed against five members of the National Counter Corruption Commission by a former city police commander who was sacked in connection with a brawl between protesters at CentralWorld three years ago.
Pol Col Thanayut Wutthicharasthamrong's lawyer filed a malfeasance in office suit against Vicha Mahakul, Tortrakul Yomnak, Pol Maj-Gen Naphan Yensudjai, Kosol Khamsiri and Natthawut Khomprasert, a source said.
They were members of the inquiry panel which looked into the officer's role in an incident at Bangkok's CentralWorld shopping mall on Aug 21,2006.
The panel, chaired by Mr Vicha, found Pol Col Thanayut, formerly Pol Col Ritthirong Thepchanda, had committed criminal and disciplinary breaches by failing to intervene in a brawl between opponents and supporters of then prime minister Thaksin Shinawatra at CentralWorld. The officer was dismissed from the police force.
He later brought his case before the Chiang Mai Administrative Court, which this week ruled that he be reinstated.
In his suit filed with the Criminal Court on Sept 21,the officer accused the five inquiry panel members of committing malfeasance as defined by criminal and anticorruption laws.
Pol Col Thanayut said in the suit that the panel's inquiry did not deliver him justice.The court has scheduled the first hearing for Dec 14.
The NCCC was transformed into the National Anti-Corruption Commission in 2008.
Pol Col Thanayut Wutthicharasthamrong's lawyer filed a malfeasance in office suit against Vicha Mahakul, Tortrakul Yomnak, Pol Maj-Gen Naphan Yensudjai, Kosol Khamsiri and Natthawut Khomprasert, a source said.
They were members of the inquiry panel which looked into the officer's role in an incident at Bangkok's CentralWorld shopping mall on Aug 21,2006.
The panel, chaired by Mr Vicha, found Pol Col Thanayut, formerly Pol Col Ritthirong Thepchanda, had committed criminal and disciplinary breaches by failing to intervene in a brawl between opponents and supporters of then prime minister Thaksin Shinawatra at CentralWorld. The officer was dismissed from the police force.
He later brought his case before the Chiang Mai Administrative Court, which this week ruled that he be reinstated.
In his suit filed with the Criminal Court on Sept 21,the officer accused the five inquiry panel members of committing malfeasance as defined by criminal and anticorruption laws.
Pol Col Thanayut said in the suit that the panel's inquiry did not deliver him justice.The court has scheduled the first hearing for Dec 14.
The NCCC was transformed into the National Anti-Corruption Commission in 2008.
SONDHI GETS SIX MONTHS FOR LIBEL
Sondhi Limthongkul, a leader of the yellow-shirt movement, suffered another legal blow yesterday when the Criminal Court sentenced him to six months in jail in a libel suit filed by former foreign minister Noppadon Patama.
It was the third conviction for the outspoken media mogul in less than a month.
Sondhi, co-leader of the People's Alliance for Democracy, was found guilty of defaming Noppadon when he accused the former foreign minister of betraying the royal family by working as lawyer for former premier Thaksin Shinawatra.
The court ruled that Sondhi's remark against Noppadon - recipient of a royally-sponsored scholarship - that he was even less grateful than His Majesty the King's dog, Khun Tongdaeng, was defamatory.
"The plaintiff has his basic rights to work as a lawyer for any person," said the ruling.
The court also ordered Sondhi's companies Thai Day Dot Com and Manager Media Group to pay a fine of Bt20,000 each for broadcasting his libellous remarks and distributing CDs containing video files of the programme containing the remarks.
Sondhi was released on a bail of Bt100,000. He had appealed the two previous libel cases that he lost early last month.
An appeals court last month reduced to six months the two-year jail term that Sondhi was given by a lower court in March 2008 for defaming former deputy transport minister Phumtham Wechayachai. The Criminal Court also sentenced Sondhi to two years in jail for defaming former central bank governor MR Pridiyathorn Devakula.
On hearing the sentence, Noppadon said he was "glad I received justice," the Agence France-Presse reported. "From now on, Sondhi must realise that he cannot go on making false claims against anyone in this country without being punished," he said.
Sondhi yesterday said he would accept leadership of the PAD's New Politics Party if the group's followers support him to take the post. "I am ready to do the job," he said.
The party, which now has Somsak Kosaisuk as its acting leader, is expected to hold a general meeting on Tuesday.
It was the third conviction for the outspoken media mogul in less than a month.
Sondhi, co-leader of the People's Alliance for Democracy, was found guilty of defaming Noppadon when he accused the former foreign minister of betraying the royal family by working as lawyer for former premier Thaksin Shinawatra.
The court ruled that Sondhi's remark against Noppadon - recipient of a royally-sponsored scholarship - that he was even less grateful than His Majesty the King's dog, Khun Tongdaeng, was defamatory.
"The plaintiff has his basic rights to work as a lawyer for any person," said the ruling.
The court also ordered Sondhi's companies Thai Day Dot Com and Manager Media Group to pay a fine of Bt20,000 each for broadcasting his libellous remarks and distributing CDs containing video files of the programme containing the remarks.
Sondhi was released on a bail of Bt100,000. He had appealed the two previous libel cases that he lost early last month.
An appeals court last month reduced to six months the two-year jail term that Sondhi was given by a lower court in March 2008 for defaming former deputy transport minister Phumtham Wechayachai. The Criminal Court also sentenced Sondhi to two years in jail for defaming former central bank governor MR Pridiyathorn Devakula.
On hearing the sentence, Noppadon said he was "glad I received justice," the Agence France-Presse reported. "From now on, Sondhi must realise that he cannot go on making false claims against anyone in this country without being punished," he said.
Sondhi yesterday said he would accept leadership of the PAD's New Politics Party if the group's followers support him to take the post. "I am ready to do the job," he said.
The party, which now has Somsak Kosaisuk as its acting leader, is expected to hold a general meeting on Tuesday.
Govt appeals Map Ta Phut ruling
The Office of the AttorneyGeneral yesterday filed an appeal against the Central Administrative Court's injunction on 76 industrial projects in the Map Ta Phut Industrial Estate.
Authorities hope the appeal will communicate to investors their sincerity in facilitating investment.
The appeal was filed with the Supreme Administrative Court and sought a reversal of the lower court's injunction.
Prasartchai Tontapanish, directorgeneral of the OAG's Administrative Litigation Department, said the government had no legal obligation to suspend the projects, because under the Constitution it made the rules.
He insisted government agencies had done their best to ensure fairness to all and said it was always possible that their actions might run counter to public opinion.
Regarding nongovernmental organisations' accusations of a "lack of humanity" on the part of the administration, Prasartchai said that was their opinion and that if the clash escalated, legal amendments would be the answer.
The filing was made in collaboration with the Industry Ministry, which had earlier planned to file the appeal this coming Monday. The ministry changed its mind for fear of clashing with protesters.
Finance Minister Korn Chatikavanij yesterday said during a recent meeting with investors from the Netherlands, Belgium and Luxembourg that investment in Map Ta Phut neither violated the Constitution nor caused a serious environmental impact.
"A definition of 'serious impact' must be formulated, so that investment can resume," he said.
Former deputy prime minister MR Pridiyathorn Devakula said the court case served as a lesson to the government after the problem had been ignored by previous administrations.
He said if the conflict could be solved, investor confidence would be restored. Even though this could take some time, it is only natural that a longneglected problem is not solved within a short period.
Authorities hope the appeal will communicate to investors their sincerity in facilitating investment.
The appeal was filed with the Supreme Administrative Court and sought a reversal of the lower court's injunction.
Prasartchai Tontapanish, directorgeneral of the OAG's Administrative Litigation Department, said the government had no legal obligation to suspend the projects, because under the Constitution it made the rules.
He insisted government agencies had done their best to ensure fairness to all and said it was always possible that their actions might run counter to public opinion.
Regarding nongovernmental organisations' accusations of a "lack of humanity" on the part of the administration, Prasartchai said that was their opinion and that if the clash escalated, legal amendments would be the answer.
The filing was made in collaboration with the Industry Ministry, which had earlier planned to file the appeal this coming Monday. The ministry changed its mind for fear of clashing with protesters.
Finance Minister Korn Chatikavanij yesterday said during a recent meeting with investors from the Netherlands, Belgium and Luxembourg that investment in Map Ta Phut neither violated the Constitution nor caused a serious environmental impact.
"A definition of 'serious impact' must be formulated, so that investment can resume," he said.
Former deputy prime minister MR Pridiyathorn Devakula said the court case served as a lesson to the government after the problem had been ignored by previous administrations.
He said if the conflict could be solved, investor confidence would be restored. Even though this could take some time, it is only natural that a longneglected problem is not solved within a short period.
SUU KYI'S APPEAL AGAINST CONVICTION REJECTED
A Burmese court yesterday rejected an appeal by prodemocracy icon Aung San Suu Kyi against her extended house arrest, just days after the US reengaged with the country's ruling junta.
Judges at a divisional court in Rangoon upheld the Nobel Laureate's conviction, her lawyer said, over an indicent in which an American man swam uninvited to her home, earning her an extra 18 months in detention.
"The appeal was rejected but we will take it to the high court," said Suu Kyi's lawyer and the spokesman for the National League for Democracy party, Nyan Win, after the hearing.
Asked whether he was disappointed, the lawyer said Suu Kyi might have a better chance at Burma's high court.
He said the defence team was seeking permission from the authorities to visit the frail 64-year-old as soon as possible, to inform her of the ruling and discuss a further appeal, which must be filed within the next 60 days. Suu Kyi - who has spent much of the last 20 years in detention - was not present for the verdict, which was delivered amid tight security with uniformed and plain-clothes policemen patrolling the area.
Her extender house arrest will keep he off the scene for elections promised by the regime for 2010, adding to widespread criticism that the polls are a sham designed to legitimise the junta's grip on power.
John Yettaw, an eccentric American who striggered the debacle by swimming to Suu Kyi's lakeside mansion in May, was sentenced to seven years' hard labour in August, but the regime freed him after a visit by US Senator Jim Webb.
Meanwhile, China and other allies of the junta have joined an international call for the release of Suu Kyi.
The UN Human Rights Council's 47 members unani-mously adopted a resolution yesterday in Geneva to demand that Burma release all political prisoners and allow them to take part in next year's elections.
Judges at a divisional court in Rangoon upheld the Nobel Laureate's conviction, her lawyer said, over an indicent in which an American man swam uninvited to her home, earning her an extra 18 months in detention.
"The appeal was rejected but we will take it to the high court," said Suu Kyi's lawyer and the spokesman for the National League for Democracy party, Nyan Win, after the hearing.
Asked whether he was disappointed, the lawyer said Suu Kyi might have a better chance at Burma's high court.
He said the defence team was seeking permission from the authorities to visit the frail 64-year-old as soon as possible, to inform her of the ruling and discuss a further appeal, which must be filed within the next 60 days. Suu Kyi - who has spent much of the last 20 years in detention - was not present for the verdict, which was delivered amid tight security with uniformed and plain-clothes policemen patrolling the area.
Her extender house arrest will keep he off the scene for elections promised by the regime for 2010, adding to widespread criticism that the polls are a sham designed to legitimise the junta's grip on power.
John Yettaw, an eccentric American who striggered the debacle by swimming to Suu Kyi's lakeside mansion in May, was sentenced to seven years' hard labour in August, but the regime freed him after a visit by US Senator Jim Webb.
Meanwhile, China and other allies of the junta have joined an international call for the release of Suu Kyi.
The UN Human Rights Council's 47 members unani-mously adopted a resolution yesterday in Geneva to demand that Burma release all political prisoners and allow them to take part in next year's elections.
Tuesday, September 22, 2009
ACCOUNTING FOR WAR CRIMES IN THE MIDDLE EAST CONFLICT
WILL Israel's decades-long impunity from international law finational law finally community in the aftemath of the justreleased Goldstone report.
Richard Goldstone, formerly a Supreme Court justice in South Africa and chief prosecutor in the international tribunals for Rwanda and Yugoslavia, headed a four-person United Nations mission investigatigating both Israel Hamas for possible war crimes during Israel's attack on the Gaza Strip last winter.
The mission conducted 188 interviews and reviewed more than 300 reports, 10,000 pages of documents, 30 videos and 1,200 photographs. The Israeli government barred the group from entering Israel or the Gaza Strip (it reached Gaza, ultimately, through Egypt).
By contrast, Palestinian authrities, both in the Gaza Strip and the West Bank, cooperated with the mission. The 575-page report concluded that both sides committed war crimes before, during and after the intense fighting in December and January.
In its findings on Israel's conduct, the report noted that the ruinous siege on Gaza, imposed long before the invasion, collectively punished its residents in violation of international law. During the attack, Israeli troops killed civilians without justification, wantonly destroyed civilian infrastructure and private homes, and used weapons illegally. Israeli troops targetted and destroyed Gaza's last functioning flour mill. Israeli armoured bulldozers razed the chicken farm that provided 10 per cent of Gaza's eggs, burying 31,000 chickens in rubble. Israeli gunners bombed a raw sewage lagoon, releasing 200,000 cubic metres of filth into neighbouring farmland. Repeated pinpoint strikes on a water-well complex destroyed all of its essential machinery.
These are just some of the facts that led the mission to conclude that Israel's objective in the attack work and to provide for itself, and to force upon it an ever-increasing sense of dependency and vulnerability".
Since a January cease-fire, Israel has maintained its illegal blockade, keeping relief supplies and construction materials from Gaza, and thus guaranteeing continued Palestinian civilian suffering.
The Goldstone mission found that Hamas, in its indiscriminate rocket attacks on Israeli civilians, also committed was crimes, calling the rockets "a deliberate attack against the civilian population".
The report recommends that all parties to the fighting conduct credible internal investigations of the abuses it documented. If they fail to do so within six months, the report recommends that the UN Security Council refer the matter to the International Criminal Court for investigation.
Israel clearly anticipated a critical report and has been planning for months to discredit it. Its spokespeople are making preposterous accusations, such as that Goldstone is "anti-Israel" (in fact, he is Jewish and has strong ties to Israel), and its diplomats are working the phones in an attempt to sway Western governments and members of the Security Council
Israeli Prime Minister Benjamin Netanyahu raised the report in discussions with US special envoy George Mitchell, and Deputy Foreign Minister Danny Ayalon is trying to orchestrate condemnation of the report by senior Obama administration officials and members of Congress.
This urging must be resisted, and Israle's serial violations of international law - whether in pulverising Lebanon in 2006, illegally detaining, torturing or assassinating Palestinians under its dominion in the occupied Palestinian territories; or building settlements on Palestinian lands for exclusive Jewish occupancy - must come to an end. Israel may not be the worst human rights violator in the world, but it is among those that most consistently evade account-ability.
Israeli abuses are deeply resented around the globe. For too long, we in the United States have abetted Israel, bestowing on it roughly US$3 billion annually in aid since 1973 and vetoing scores of resolutions in the Security Council that attempted to hold Israel accountable for its violations of international law.
To his credit, President Barack Obama has called for a halt to new Israeli settlements, although he has failed to enunciate consepuences for Israeli definance. He should now embrace the Goldstone recommendations strongly, and must also demand an immediate end to Israel's illegal siege of Gaza.
Israel's friends, rather than reflexively dismissing Goldstone's findings, should reflect instead: Are the interests of Israeli citizens genuinely served by continued indulgence of their military's excesses? Impunity for one state undermines the very legitimacy of international law. Yet international law protects weak and strong alike, and we ignore its continuing abuse at our peril.
Richard Goldstone, formerly a Supreme Court justice in South Africa and chief prosecutor in the international tribunals for Rwanda and Yugoslavia, headed a four-person United Nations mission investigatigating both Israel Hamas for possible war crimes during Israel's attack on the Gaza Strip last winter.
The mission conducted 188 interviews and reviewed more than 300 reports, 10,000 pages of documents, 30 videos and 1,200 photographs. The Israeli government barred the group from entering Israel or the Gaza Strip (it reached Gaza, ultimately, through Egypt).
By contrast, Palestinian authrities, both in the Gaza Strip and the West Bank, cooperated with the mission. The 575-page report concluded that both sides committed war crimes before, during and after the intense fighting in December and January.
In its findings on Israel's conduct, the report noted that the ruinous siege on Gaza, imposed long before the invasion, collectively punished its residents in violation of international law. During the attack, Israeli troops killed civilians without justification, wantonly destroyed civilian infrastructure and private homes, and used weapons illegally. Israeli troops targetted and destroyed Gaza's last functioning flour mill. Israeli armoured bulldozers razed the chicken farm that provided 10 per cent of Gaza's eggs, burying 31,000 chickens in rubble. Israeli gunners bombed a raw sewage lagoon, releasing 200,000 cubic metres of filth into neighbouring farmland. Repeated pinpoint strikes on a water-well complex destroyed all of its essential machinery.
These are just some of the facts that led the mission to conclude that Israel's objective in the attack work and to provide for itself, and to force upon it an ever-increasing sense of dependency and vulnerability".
Since a January cease-fire, Israel has maintained its illegal blockade, keeping relief supplies and construction materials from Gaza, and thus guaranteeing continued Palestinian civilian suffering.
The Goldstone mission found that Hamas, in its indiscriminate rocket attacks on Israeli civilians, also committed was crimes, calling the rockets "a deliberate attack against the civilian population".
The report recommends that all parties to the fighting conduct credible internal investigations of the abuses it documented. If they fail to do so within six months, the report recommends that the UN Security Council refer the matter to the International Criminal Court for investigation.
Israel clearly anticipated a critical report and has been planning for months to discredit it. Its spokespeople are making preposterous accusations, such as that Goldstone is "anti-Israel" (in fact, he is Jewish and has strong ties to Israel), and its diplomats are working the phones in an attempt to sway Western governments and members of the Security Council
Israeli Prime Minister Benjamin Netanyahu raised the report in discussions with US special envoy George Mitchell, and Deputy Foreign Minister Danny Ayalon is trying to orchestrate condemnation of the report by senior Obama administration officials and members of Congress.
This urging must be resisted, and Israle's serial violations of international law - whether in pulverising Lebanon in 2006, illegally detaining, torturing or assassinating Palestinians under its dominion in the occupied Palestinian territories; or building settlements on Palestinian lands for exclusive Jewish occupancy - must come to an end. Israel may not be the worst human rights violator in the world, but it is among those that most consistently evade account-ability.
Israeli abuses are deeply resented around the globe. For too long, we in the United States have abetted Israel, bestowing on it roughly US$3 billion annually in aid since 1973 and vetoing scores of resolutions in the Security Council that attempted to hold Israel accountable for its violations of international law.
To his credit, President Barack Obama has called for a halt to new Israeli settlements, although he has failed to enunciate consepuences for Israeli definance. He should now embrace the Goldstone recommendations strongly, and must also demand an immediate end to Israel's illegal siege of Gaza.
Israel's friends, rather than reflexively dismissing Goldstone's findings, should reflect instead: Are the interests of Israeli citizens genuinely served by continued indulgence of their military's excesses? Impunity for one state undermines the very legitimacy of international law. Yet international law protects weak and strong alike, and we ignore its continuing abuse at our peril.
Newin among 44 cleared in graft case
The Supreme Court has acquitted political playmaker Newin Chidchob and 43 others of corruption and malfeasance charges in a 1.44-billion baht rubber sapling procurement deal.
The court also cleared the 44 defendants of the 1.3 billion baht compensation for alleged damage to the state from the projects claimed by the plaintiff, the National Anti-Corruption Commission (NACC) on behalf of the 2006 coup-appointed Assets Scrutiny Committee (ASC).
The case, investigated by the ASC,mainly centred on unlawful approvals for the use of state funds and collusion among bidders.
The project was initiated in 2003 by Mr Newin, then deputy agriculture and cooperatives minister under the Thaksin Shinawatra government, and Chakan Saengraksawong, then director-general of Department of Agriculture (DOA).
The court's Criminal Division for Holders of Political Positions cleared Mr Newin with 8:1 votes and Mr Chakan with 7:2 votes of wrongdoing for proposing a new line of financial sourcing by allocating funds from the Farmers Aid Fund to purchase 90 million rubber saplings for farmers in 36 northeastern and northern provinces.
"They only followed the then government's policy to improve infrastructure in the agriculture sector," one of the nine judges said.
Mr Newin appeared relieved after the two and a half hour reading of the verdicts, rushing to hug other former ministers.
The Buri Ram politician told reporters that he believed the disputed project would eventually bring about profits to farmers engaging in it over the next two years.
"I have only one thing left to do that is to do every thing to protect the monarchy," said a tearful Mr Newin.
Key Bhumjaithai politicians including Interior Minister Chavarat Charnvirakul and Deputy Interior Minister Boonjong Wongtrairat attended the hearing.
Banned politician Sora-at Klinprathum, under the Bhumjaithai wing,is among other four former ministers and state officials cleared of wrongdoing. In their capacity as panel members of the Farmers Aid Fund, they approved the fund's budget allocation.
The ASC charged that rubber plants did not qualify for the Farmers Aid Fund's funding, but the court found otherwise.
Other former cabinet members cleared of all charges include former deputy prime minister Somkid Jatusripitak, former deputy finance minister Varathep Ratanakorn, and former commerce minister Adisai Bodharamik.
Mr Adisai, who did not show up during the first scheduled hearing on Aug 17 and forced the court to postpone it, failed to attend the session. He earlier told the court he was receiving medical treatment in the United States.
After the ruling, the court also revoked an arrest warrant earlier issued to Mr Adisai for his absence.
The court also acquitted state officials and three sapling supplier companies of criminal charges involving collusion in the bidding.
Using criminal offences, the ASC accused the 44 defendants of malfeasance and causing damage to the state in connection with the project.
The Office of the Attorney-General did not accept the panel's case submitted by the ASC, saying it was "incomplete". But the ASC insisted on going ahead with it.
ASC member Kaewsun Atibhodhi said he accepted the ruling of the Supreme Court and believed in the politics-free trial and all the nine senior judges handling the case.
Mr Kaewsun said the ASC had not tried to unfairly treat any defendants in the case but had taken action in line with the evidence.
"I don't think there will be a counter lawsuit from any acquitted defendant.The court acquitted them because of different legal viewpoints," he said.
Prompong Nopparit, spokesman for the Puea Thai Party, said the court's ruling judged the ASC's credibility.
THE VERDICT
DEFENDANTS: Former deputy agriculture and cooperativers minister Newin Chidchob and former department of agriculture chief Chakan Saengraksawong.
CHARGES: Violations of laws and regulations for initiating the sapling project and for proposing that financing be allocated from the Farmers Aid Fund (FAF) and repayments be made by the Rubber Replanting Aid Fund (RRAF).
VERDICT: Not guilty. The defendants acted in line with government policy.
..................................................................................
DEFENDANTS: 17 members of the FAF comprising state officials and four ministers-former deputy prime minister Somkid Jatusripitak, former agriculture and cooperatives minister Sora-at Klinprathum, former commerce minister Adisai Bodharamik and former deputy finance minister Varathep Rattanakorn
CHARGES: Unlawful approval of the use of the FAF's budget for investment and the RRAF's revenue for repayment ot the former.
VERDICT: Not guilty. The decisions werre lawful.
..................................................................................
DEFENDANTS: Eight state officials overseeing the bidding process.
CHARGES: Wrongfully setting up bidding conditions to help certain bidders, and negligence investigating collusion and shared interests among bidders.
VERDICT: Not guilty. No evidence suggested their wrongdoing. The defendants checked bidders' documents correctly as required.
..................................................................................
DEFENDANTS: Bid winner Charoen Pokphand Seeds (CPS) and two other bidders
CHARGES: Bidding collusion by submitting false documents on their credentials and acquisition of sufficient rubber planting areas to help CPS win the deal. The three companies shared business interest and lines of management.
VERDICT: Not guilty. The credentials documents contained no false statements.
The court also cleared the 44 defendants of the 1.3 billion baht compensation for alleged damage to the state from the projects claimed by the plaintiff, the National Anti-Corruption Commission (NACC) on behalf of the 2006 coup-appointed Assets Scrutiny Committee (ASC).
The case, investigated by the ASC,mainly centred on unlawful approvals for the use of state funds and collusion among bidders.
The project was initiated in 2003 by Mr Newin, then deputy agriculture and cooperatives minister under the Thaksin Shinawatra government, and Chakan Saengraksawong, then director-general of Department of Agriculture (DOA).
The court's Criminal Division for Holders of Political Positions cleared Mr Newin with 8:1 votes and Mr Chakan with 7:2 votes of wrongdoing for proposing a new line of financial sourcing by allocating funds from the Farmers Aid Fund to purchase 90 million rubber saplings for farmers in 36 northeastern and northern provinces.
"They only followed the then government's policy to improve infrastructure in the agriculture sector," one of the nine judges said.
Mr Newin appeared relieved after the two and a half hour reading of the verdicts, rushing to hug other former ministers.
The Buri Ram politician told reporters that he believed the disputed project would eventually bring about profits to farmers engaging in it over the next two years.
"I have only one thing left to do that is to do every thing to protect the monarchy," said a tearful Mr Newin.
Key Bhumjaithai politicians including Interior Minister Chavarat Charnvirakul and Deputy Interior Minister Boonjong Wongtrairat attended the hearing.
Banned politician Sora-at Klinprathum, under the Bhumjaithai wing,is among other four former ministers and state officials cleared of wrongdoing. In their capacity as panel members of the Farmers Aid Fund, they approved the fund's budget allocation.
The ASC charged that rubber plants did not qualify for the Farmers Aid Fund's funding, but the court found otherwise.
Other former cabinet members cleared of all charges include former deputy prime minister Somkid Jatusripitak, former deputy finance minister Varathep Ratanakorn, and former commerce minister Adisai Bodharamik.
Mr Adisai, who did not show up during the first scheduled hearing on Aug 17 and forced the court to postpone it, failed to attend the session. He earlier told the court he was receiving medical treatment in the United States.
After the ruling, the court also revoked an arrest warrant earlier issued to Mr Adisai for his absence.
The court also acquitted state officials and three sapling supplier companies of criminal charges involving collusion in the bidding.
Using criminal offences, the ASC accused the 44 defendants of malfeasance and causing damage to the state in connection with the project.
The Office of the Attorney-General did not accept the panel's case submitted by the ASC, saying it was "incomplete". But the ASC insisted on going ahead with it.
ASC member Kaewsun Atibhodhi said he accepted the ruling of the Supreme Court and believed in the politics-free trial and all the nine senior judges handling the case.
Mr Kaewsun said the ASC had not tried to unfairly treat any defendants in the case but had taken action in line with the evidence.
"I don't think there will be a counter lawsuit from any acquitted defendant.The court acquitted them because of different legal viewpoints," he said.
Prompong Nopparit, spokesman for the Puea Thai Party, said the court's ruling judged the ASC's credibility.
THE VERDICT
DEFENDANTS: Former deputy agriculture and cooperativers minister Newin Chidchob and former department of agriculture chief Chakan Saengraksawong.
CHARGES: Violations of laws and regulations for initiating the sapling project and for proposing that financing be allocated from the Farmers Aid Fund (FAF) and repayments be made by the Rubber Replanting Aid Fund (RRAF).
VERDICT: Not guilty. The defendants acted in line with government policy.
..................................................................................
DEFENDANTS: 17 members of the FAF comprising state officials and four ministers-former deputy prime minister Somkid Jatusripitak, former agriculture and cooperatives minister Sora-at Klinprathum, former commerce minister Adisai Bodharamik and former deputy finance minister Varathep Rattanakorn
CHARGES: Unlawful approval of the use of the FAF's budget for investment and the RRAF's revenue for repayment ot the former.
VERDICT: Not guilty. The decisions werre lawful.
..................................................................................
DEFENDANTS: Eight state officials overseeing the bidding process.
CHARGES: Wrongfully setting up bidding conditions to help certain bidders, and negligence investigating collusion and shared interests among bidders.
VERDICT: Not guilty. No evidence suggested their wrongdoing. The defendants checked bidders' documents correctly as required.
..................................................................................
DEFENDANTS: Bid winner Charoen Pokphand Seeds (CPS) and two other bidders
CHARGES: Bidding collusion by submitting false documents on their credentials and acquisition of sufficient rubber planting areas to help CPS win the deal. The three companies shared business interest and lines of management.
VERDICT: Not guilty. The credentials documents contained no false statements.
Noppadon faces temple charge
The national anti-graft agency has accused former foreign minister Noppadon Pattama of negligence of duty over his signing of a joint communique with Cambodia concerning the Preah Vihear temple, a source at the agency says.
The National Anti-Corruption Commission ruling will be announced today based on a 130-page report.
The investigation of the signing covered 35 other people including four cabinet members in the present government and government officials, including some from the Foreign Ministry.
The ministers involved are Deputy Prime Minister Sanan Kachornprasart,Natural Resources and Environment Minister Suwit Khunkitti, Information and Communications Minister Ranongruk Suwunchwee and Deputy Finance Minister Pradit Phataraprasit. The four served in the Samak administration.
Only Mr Noppadon is to be indicted,the source said.
The investigators did not find enough grounds to take action against the others as they were not aware of what the then foreign minister was doing, the source said. Their cases could be rejected if the NACC submitted them to the court.
The anti-graft agency found Mr Noppadon was negligent in his duties under Article 157 of the Criminal Code, the source said.
Mr Noppadon signed the joint communique with Cambodian Deputy Prime
Minister Sok An on June 18 last year to support Cambodia's application to declare the temple a World Heritage site. Mr Noppadon's mandate was endorsed by Noppadon: Backed the government a heritage listing day earlier.
But Thailand backed off from its position after the Constitution Court ruled it unconstitutional as it had bypassed parliamentary approval as required under the constitution. Mr Noppadon later resigned.
NACC member Somluck Jadkrabuanpol, chairman of the investigating panel,denied the NACC had been pressured to rule against the Samak government.
Meanwhile, Deputy Prime Minister Suthep Thaugsuban has asked police to take action against those who instigated the unrest that led to Saturday's fierce clash between the People's Alliance for Democracy and Si Sa Ket residents near the border with Cambodia.
The PAD supporters staged a protest on Saturday near the border in Kantharalak district in Si Sa Ket to call for the authorities to force Cambodians from the disputed area near Preah Vihear.They confronted a group of local residents who blocked the protest. The clash between PAD protesters and the villagers left scores of people on both sides injured.
Mr Suthep said those who violated the law must face legal action.
Defence Minister Prawit Wongsuwon expressed regret over Saturday's clash between the two groups of Thai citizens.
Gen Prawit said he had instructed 2nd Army chief Wiboonsak Neepal to closely coordinate with local police and the provincial governor to prevent a recurrence.
He insisted Cambodia understood the situation as Thai and Cambodian commanders remained in contact.
Both PAD and Si Sa Ket residents yesterday filed complaints against each other with local police over Saturday's clash.
Pol Maj Gen Sompong Thongveeraprasert, chief of the Si Sa Ket police,said more than 30 complaints were filed by the two groups.
Interior Minister Chavarat Charnvirakul dismissed reports a group of men dressed in blue shirts had stirred up local residents to confront the PAD demonstrators. The blue shirts are supporters of Newin Chidchob, the power broker behind Mr Chavarat's Bhumjaithai Party.
The National Anti-Corruption Commission ruling will be announced today based on a 130-page report.
The investigation of the signing covered 35 other people including four cabinet members in the present government and government officials, including some from the Foreign Ministry.
The ministers involved are Deputy Prime Minister Sanan Kachornprasart,Natural Resources and Environment Minister Suwit Khunkitti, Information and Communications Minister Ranongruk Suwunchwee and Deputy Finance Minister Pradit Phataraprasit. The four served in the Samak administration.
Only Mr Noppadon is to be indicted,the source said.
The investigators did not find enough grounds to take action against the others as they were not aware of what the then foreign minister was doing, the source said. Their cases could be rejected if the NACC submitted them to the court.
The anti-graft agency found Mr Noppadon was negligent in his duties under Article 157 of the Criminal Code, the source said.
Mr Noppadon signed the joint communique with Cambodian Deputy Prime
Minister Sok An on June 18 last year to support Cambodia's application to declare the temple a World Heritage site. Mr Noppadon's mandate was endorsed by Noppadon: Backed the government a heritage listing day earlier.
But Thailand backed off from its position after the Constitution Court ruled it unconstitutional as it had bypassed parliamentary approval as required under the constitution. Mr Noppadon later resigned.
NACC member Somluck Jadkrabuanpol, chairman of the investigating panel,denied the NACC had been pressured to rule against the Samak government.
Meanwhile, Deputy Prime Minister Suthep Thaugsuban has asked police to take action against those who instigated the unrest that led to Saturday's fierce clash between the People's Alliance for Democracy and Si Sa Ket residents near the border with Cambodia.
The PAD supporters staged a protest on Saturday near the border in Kantharalak district in Si Sa Ket to call for the authorities to force Cambodians from the disputed area near Preah Vihear.They confronted a group of local residents who blocked the protest. The clash between PAD protesters and the villagers left scores of people on both sides injured.
Mr Suthep said those who violated the law must face legal action.
Defence Minister Prawit Wongsuwon expressed regret over Saturday's clash between the two groups of Thai citizens.
Gen Prawit said he had instructed 2nd Army chief Wiboonsak Neepal to closely coordinate with local police and the provincial governor to prevent a recurrence.
He insisted Cambodia understood the situation as Thai and Cambodian commanders remained in contact.
Both PAD and Si Sa Ket residents yesterday filed complaints against each other with local police over Saturday's clash.
Pol Maj Gen Sompong Thongveeraprasert, chief of the Si Sa Ket police,said more than 30 complaints were filed by the two groups.
Interior Minister Chavarat Charnvirakul dismissed reports a group of men dressed in blue shirts had stirred up local residents to confront the PAD demonstrators. The blue shirts are supporters of Newin Chidchob, the power broker behind Mr Chavarat's Bhumjaithai Party.
Aussie quadriplegic starves himself to death
An Australian quadriplegic who won a landmark legal battle to starve himself to death by refusing food fied yesterday, his family said, ending an existence he described as "living hell."
An Australian quadriplegic who won a landmark legal battle to starve himself to death by refusing food died yesterday, his family said, ending an existence he described as "living hell".
Christian Rossiter, 49, who was paralysed from the neck down, died in a nursing home in Perth early yesterday after developing a chest infection, his brother Tim Rossiter said in a statement.
"I thank all those who have made Christian's life, in his final years, as comfortable and as dignified as possibly," he said.
Lawyer John Hammond, who five weeks ago won a court battle allowing Rossiter to refuse food and medication, said his client had welcomed death and empowered all severely ill people who wanted to die on their own terms. "He wanted to die and it will be some relief that he is now dead because he underwent so much pain in his final years," Hammond told the ABC TV channel.
In the historic ruling, a court said that Rossiter, a former stockbroker and outdoor adventurer who became a quadriplegic following two accidents, had the right to refuse to be fed.
"This is a living hell," he told reporters through a tracheotomy tube during the court case. "I'm Cristian Rossiter and I'd like to die. I am a prisoner in my own body. I can't move, I have no fear of death - just pain. I only fear pain."
An Australian quadriplegic who won a landmark legal battle to starve himself to death by refusing food died yesterday, his family said, ending an existence he described as "living hell".
Christian Rossiter, 49, who was paralysed from the neck down, died in a nursing home in Perth early yesterday after developing a chest infection, his brother Tim Rossiter said in a statement.
"I thank all those who have made Christian's life, in his final years, as comfortable and as dignified as possibly," he said.
Lawyer John Hammond, who five weeks ago won a court battle allowing Rossiter to refuse food and medication, said his client had welcomed death and empowered all severely ill people who wanted to die on their own terms. "He wanted to die and it will be some relief that he is now dead because he underwent so much pain in his final years," Hammond told the ABC TV channel.
In the historic ruling, a court said that Rossiter, a former stockbroker and outdoor adventurer who became a quadriplegic following two accidents, had the right to refuse to be fed.
"This is a living hell," he told reporters through a tracheotomy tube during the court case. "I'm Cristian Rossiter and I'd like to die. I am a prisoner in my own body. I can't move, I have no fear of death - just pain. I only fear pain."
PM, CHAOVARAT ACCUSED OF GRAFT
A Pheu Thai MP yesterday filed a complaint with National Anti-Corruption Commission against the Prime Minister and the Interior Minister for allowing conflict of interest, claiming the minister's family members hold shares in a construction company.
Pheu Thai Lamphun MP Sanguan Pongmanee and the party's spokesman Prompong Nopparit claimed a Cabinet resolution on March 10 approved a Bt408 million budget for additions to the Airport Link project. They said the wife and children of Interior Minister Chaovarat Chanweerakul hold shares in Sino-Thai Engineering and Construction, the company which won the contract.
He said Abhisit must also be responsible for the Cabinet resolution favouring Chaovarat's family.
"I ask the NACC to investigate Prime Minister Abhisit as the prime minister according to Article 171 that he must be directly related to (the case) just as (former prime minister) Thaksin (Shinawatra) was. The laws on country administration state clearly a prime minister must be responsible for all ministries," Sanguan said.
Thaksin was found guilty after his wife bought Ratchadaphisek land from the Financial Institutions Development Fund during his premiership. The law prohibits government officials and their spouses from contracting with an agency of which the official is in charge. Thaksin, as a prime minister, was considered also in charge of the FIDF.
Chaovarat, also Bhum Jai Thai Party leader, said he had declared his assets after many Cabinet reshuffles and did not conceal them. Also, he had had nothing to do with the company for a long time.
Moreover, he said, Sino-Thai was a public company in which anyone can buy shares; his children are mature persons according to the law and they could buy shares in any company.
Supachai Jaisamut, Bhum Jai Thai spokesman, said Chaovarat was planning to file a libel suit against Prompong related to the case.
Pheu Thai Lamphun MP Sanguan Pongmanee and the party's spokesman Prompong Nopparit claimed a Cabinet resolution on March 10 approved a Bt408 million budget for additions to the Airport Link project. They said the wife and children of Interior Minister Chaovarat Chanweerakul hold shares in Sino-Thai Engineering and Construction, the company which won the contract.
He said Abhisit must also be responsible for the Cabinet resolution favouring Chaovarat's family.
"I ask the NACC to investigate Prime Minister Abhisit as the prime minister according to Article 171 that he must be directly related to (the case) just as (former prime minister) Thaksin (Shinawatra) was. The laws on country administration state clearly a prime minister must be responsible for all ministries," Sanguan said.
Thaksin was found guilty after his wife bought Ratchadaphisek land from the Financial Institutions Development Fund during his premiership. The law prohibits government officials and their spouses from contracting with an agency of which the official is in charge. Thaksin, as a prime minister, was considered also in charge of the FIDF.
Chaovarat, also Bhum Jai Thai Party leader, said he had declared his assets after many Cabinet reshuffles and did not conceal them. Also, he had had nothing to do with the company for a long time.
Moreover, he said, Sino-Thai was a public company in which anyone can buy shares; his children are mature persons according to the law and they could buy shares in any company.
Supachai Jaisamut, Bhum Jai Thai spokesman, said Chaovarat was planning to file a libel suit against Prompong related to the case.
CP TO PURSUE PLAN AFTER COURT VERDICT
The Charoen Pokphand Group will shortly proceed with its integrated rubber business plans following the Supreme Court's acquittal yesterday of 44 defendants accused of wrongdoing in the controversial sapling scheme.
Criminal charges against former deputy agriculture minister Newin Chidchob and four other ex-ministers, as well as bureaucrats and businessmen, including those of the CP Group, were all dropped.
The court's verdict, which took two and a half hours to read out, said no laws had been violated, because the scheme, costing Bt1.44 billion during the tenure of ousted prime minister Thaksin Shinawatra, was intended to develop rubber plantations in the Kingdom.
The scheme, in which 90 million rubber saplings would be handed out to farmers, had been initiated by Newin, now a powerful figure behind prime Minister Abhisit Vejjajiva's coalition government, as well as other ex-ministers, including former deputy premier Somkid Jatusripitak and former commerce minister Adisai Bodharamik.
If found guilty, Newin and others could have faced imprisonment, because they stood accused of violating the Criminal Code, state procurement guidelines and other laws.
Following the Supreme Court's verdict, Montri Congtrakultien, president of the CP Group's Crop Integration Business Group, said the firm would proceed with its three-point plan for achieving integration of its rubber-business development programme.
Given that the 90-million-sapling scheme was suspended, he said the group would take responsibility for delivering the remaining 16 million saplings to growers.
Its business policy is to promote the use of hybrid JVP 80 rubber saplings under the Agriculture Department's promotion project.
Second, the group early next year will introduce rubber-tree harvesting machines that will allow farmers to tap rubber trees in all weather, including rain.
In addition, the group is also in talks with potential partners from Japan and China to join forces in developing value-added rubber products. They include Unimax International, a Chinese manufacturer and exporter of various kinds of sealing and thermal insulating products.
Federation of Thai Industries chairman Santi Vilassakdanont said all parties should accept the Supreme Court's verdict.
"I believe most people are happy with the court's verdict. Since all 44 defendants - who are politicians and state officials - have been found not guilty, things should be able to move on smoothly," he said.
Spa-Hakuhodo chairman Kitti Chambundabongse called the rubber-sapling verdict "fair".
"Our judiciary system and its verdicts must be respected," he said, adding that the sapling scheme was good for people and their livelihoods.
"The rubber-sapling project needs to be implemented flexibly, due to its nature as an agricultural project."
Criminal charges against former deputy agriculture minister Newin Chidchob and four other ex-ministers, as well as bureaucrats and businessmen, including those of the CP Group, were all dropped.
The court's verdict, which took two and a half hours to read out, said no laws had been violated, because the scheme, costing Bt1.44 billion during the tenure of ousted prime minister Thaksin Shinawatra, was intended to develop rubber plantations in the Kingdom.
The scheme, in which 90 million rubber saplings would be handed out to farmers, had been initiated by Newin, now a powerful figure behind prime Minister Abhisit Vejjajiva's coalition government, as well as other ex-ministers, including former deputy premier Somkid Jatusripitak and former commerce minister Adisai Bodharamik.
If found guilty, Newin and others could have faced imprisonment, because they stood accused of violating the Criminal Code, state procurement guidelines and other laws.
Following the Supreme Court's verdict, Montri Congtrakultien, president of the CP Group's Crop Integration Business Group, said the firm would proceed with its three-point plan for achieving integration of its rubber-business development programme.
Given that the 90-million-sapling scheme was suspended, he said the group would take responsibility for delivering the remaining 16 million saplings to growers.
Its business policy is to promote the use of hybrid JVP 80 rubber saplings under the Agriculture Department's promotion project.
Second, the group early next year will introduce rubber-tree harvesting machines that will allow farmers to tap rubber trees in all weather, including rain.
In addition, the group is also in talks with potential partners from Japan and China to join forces in developing value-added rubber products. They include Unimax International, a Chinese manufacturer and exporter of various kinds of sealing and thermal insulating products.
Federation of Thai Industries chairman Santi Vilassakdanont said all parties should accept the Supreme Court's verdict.
"I believe most people are happy with the court's verdict. Since all 44 defendants - who are politicians and state officials - have been found not guilty, things should be able to move on smoothly," he said.
Spa-Hakuhodo chairman Kitti Chambundabongse called the rubber-sapling verdict "fair".
"Our judiciary system and its verdicts must be respected," he said, adding that the sapling scheme was good for people and their livelihoods.
"The rubber-sapling project needs to be implemented flexibly, due to its nature as an agricultural project."
Monday, September 21, 2009
Making the case for the prosecution
Public prosecutors who are under the Office of the Attorney-General (OAG) play a very important role in the Thai judicial system, but not many people know much about their powers and responsibilities. The Public Prosecution Department (PPD) was established on April 1, 1893, as part of the Ministry of Justice. In 1991, the PPD was changed to the OAG and made responsible to the prime minister. The change in name reflects the broad duties of the office,which are not restricted to criminal prosecution.
The 2007 constitution provided that the OAG become an independent organisation.To guarantee its independence, especially in case handling, the OAG was separated from the executive branch and now reports directly to Parliament.
Kayasit Pitsawongprakan, director-general of the OAG's northern Bangkok Criminal Litigation Department, is a man with a very big responsibility, with more than 100 prosecutors and other personnel under his supervision.At any one time he has ultimate responsibility for the proper prosecution of hundreds of cases - some very important and often with political ramifications.
Mr Kayasit joined the government service 37 years ago and has since held a number of important positions, mostly in the field of litigation. Despite the workload, he enjoys his job and looks forward to two more years in public service before his retirement.
In an exclusive interview for Spectrum Mr Kayasit was more than happy to answer questions on a number of subjects - some regarded as sensitive - as put to him by Maxmilian Wechsler .What is the role of a public prosecutor in Thailand?We are the lawyers for the state, charged with protecting and helping the people. The role of the public prosecutor is not only to litigate criminal cases, but also to uphold the rights of the people.What is your responsibility?I have responsibility over the northern Bangkok area. Like the police, the Office of Criminal Litigation divides Bangkok into three areas - northern, southern and Thonburi - each with its own director-general. All prosecutors in Thailand are under the Office of the Attorney-General.What falls under your jurisdiction?I am covering criminal cases sent to us by the Metropolitan Police, the Crime Suppression Division and the Crime Against Children,Juveniles and Women Suppression Division.We are also in contact with the Special Branch and other police agencies. We don't handle drugs-related cases. These are under the responsibility of the Department of Narcotics Litigation, which covers all three Bangkok areas.What are the powers of the prosecutor?Basically, after the police complete their investigation, they send the case to the prosecutor, who will process and forward it to the court. We will look at the case and issue a prosecution order or direct the police to do some additional investigating or to examine a witness if we think that more evidence is needed.
We can also issue a non-prosecution order if the evidence is not sufficient to prosecute and more can't be obtained.
Furthermore, we can also summon police offices or witnesses to obtain more information. If the police cannot arrest a defendant,for whatever reason, and they have strong reason to believe he/she committed a crime,we can order them to make the arrest.
The public prosecutor in Thailand cannot arrest anyone. This is the duty of the police.We don't have our own investigation team attached to our office either.Can you summon anyone to be your witness?We can summon only witnesses whom the police have already interviewed; we cannot approach those outside the police investigation.How powerful is the state prosecutor in Thailand?In comparison to the US, the prosecutors are more powerful there. Among other powers,they can investigate a case right from the beginning. For example, if a murder is reported,they can access the crime scene and begin an investigation right away. We can't do that here.How many cases did you prosecute in 2008?The Department of Criminal Litigation handled 16,605 cases.How many of the cases involved foreigners?Not more than 10%. Are the number of cases you are receiving from the police to prosecute going up or down this year?It is going up because the crime rate is increasing.What are the most common crimes you prosecute?In general, cases of larceny make up the biggest group, followed by assault and sexually related offences like rape and crimes against minors such as child abuse. We are also handling political cases. From what I have heard from my colleagues in the provinces, larceny is the most common crime there as well.What cases are the most difficult to prosecute?Forgeries of documents, including passports.They are difficult to prosecute because we don't have enough facilities to determine whether a document is real, counterfeit or altered.
We have a police scientific department to do the job, but the quality of the equipment is not so good. Also, it is sometimes difficult to get evidence from nationals and officials of other countries.What is your relationship with the police?Our co-operation with Royal Thai Police is excellent. No complaints there.What has been your biggest case so far?There are many to choose from. However,one of the most important involves an attack against the property of the president of the Privy Council, General Prem Tinsulanonda,that occurred in July 2007. The Office of the Attorney-General has decided to prosecute this case, which involves 15 defendants from the United Front for Democracy against Dictatorship (UDD). We are waiting for them to report themselves to the police.
Another big case is the incident where members of the People's Alliance for Democracy (PAD) entered the premises of the National Broadcasting Service of Thailand in August 2008. We will prosecute this case as well.According to media reports there has been an increase of lese majeste cases from previous years.Can you comment on this?
Yes, there has been an increase in this type of offence, partly because of the progress in technology, as it is now very easy to post messages on the internet or to send an email.Do you think that the increase might also be caused by politicians eager to settle a score, using the lese majesty law as their political tool?I don't think so. Lese majeste is usually committed on a website, in an email or during a speech.Do you have the authority to close a website?No, we don't. This is the responsibility of the Information and Technology Department.What is acceptable to you as evidence when someone allegedly makes remarks that constitute lese majeste during a speech?The evidence is usually a tape recording or CD and will be given to us by the police.It is believed among the Thai public and foreigners that every lese majeste accusation has to be prosecuted and sent to the court. Is this correct? This is incorrect. We don't have to accept every case and we can also reject it if the evidence is not sufficient. This has happened on several occasions.
A lese majeste case will not go automatically to the court. It is not fair that an individual has to go to jail just because they are accused of lese majeste. We have to look at the evidence.How many lese majeste cases are you handling now?The police have forwarded to us about 20 cases, all involving Thai nationals.What about the case involving the whole board of the Foreign Correspondents Club of Thailand (FCCT),who were accused of lese majeste recently?This case is still under investigation by the police and has not been sent to us yet.What is going on with the case against former Prime Minister's Office minister Jakrapob Penkair,who allegedly made a lese majeste remark during a speech at the FCCT in August 2007?This case is with us but we have not yet forwarded it to the court. He was due to see us on September 4, but his lawyer said that Mr Jakrapop couldn't make it as he was engaged in an important mission abroad. He should show up by October 7. This is his last chance. If not, a warrant will be issued for his arrest.Is it your own decision which lese majeste cases should be sent to the court?Every case, whatever the offence, is considered for prosecution not only by myself but by a committee set up by our department. We will look very carefully at the evidence.Have the police forwarded you reports on the cases involving the occupation of Don Mueang and Suvarnabhumi airports by the PAD in 2008, and the attempted assassination of PAD co-leader Sondhi Limthongkul this year?Not yet. Those cases are still under investigation by the police.Why has it taken so long to send the reports?I can't say exactly, but the cases involve so many issues concerning the evidence. It is a time-consuming affair. The police must question many witnesses, for example. Therefore,the police have to be very careful about how they handle everything.Are you handling cases involving the murders of the Saudi Arabian nationals committed here during 1989?Some of these cases are under our jurisdiction,and some defendants have been sent before the court. In some of the cases we issued a non-prosecution order. But as far as I know,the government has decided to re-investigate the cases now handled by the Department of Special Investigations (DSI). Any prosecutions will be handled by the Department of Special Litigations.Is there any problem with corruption in your department?Not at all. Our personnel are well educated and carefully chosen to work as prosecutors.However, I must admit that there was one isolated case, but we dismissed that particular individual immediately.Are you aware of cases where an attempt was made by people with power to influence your staff in some way?We are not influenced by politicians, police or military people. We try to help and to protect the people and the victims.Can a member of the public lodge a complaint with you, for instance, when they can't get help from the police?No, we don't provide such a service.Is there any time limitation for the police on submitting a case to you?The criminal procedure under the law is that if the alleged offender is released on bail, the police have 180 days to submit the case to us.If the person is - for whatever reason - not bailed out, it depends on the type of case. If it is a serious offence - with a possible imprisonment of more than 10 years - the case must be submitted to us within 84 days. However, if the maximum sentence is under 10 years the police must submit the case within 48 days.What will happen if the police do not submit the case to you within those time periods?If the alleged offender is not out on bail the court must release him/her, but it doesn't mean the case is automatically cancelled. It means only that the police don't have authority to keep the alleged offender in custody.In the cases of Don Mueang and Suvarnabhumi airports, the police have been investigating for more than 180 days?In these cases, we haven't started counting the days because the police haven't yet arrested anyone. Whenever they arrest someone then we will start counting. Theoretically the police can investigate a case for a very long time if they don't arrest anyone. The statue of limitations is up to 20 years before a case is dismissed. This, however, applies only to serious offences such as murder.What more powers would you like to have?We would like to have additional powers similar to the ones that the public prosecutor (district attorney) has in the US. For example,being involved in a case right from the beginning. I am talking only about important cases.
Then we wouldn't have to wait until the police submit their report to us. Right now the police are doing everything.
If, for example, we could have looked into the Don Mueang and Suvarnabhumi airports cases and attempted assassination of Mr Sondhi right from the beginning, maybe there would have been more progress.
The 2007 constitution provided that the OAG become an independent organisation.To guarantee its independence, especially in case handling, the OAG was separated from the executive branch and now reports directly to Parliament.
Kayasit Pitsawongprakan, director-general of the OAG's northern Bangkok Criminal Litigation Department, is a man with a very big responsibility, with more than 100 prosecutors and other personnel under his supervision.At any one time he has ultimate responsibility for the proper prosecution of hundreds of cases - some very important and often with political ramifications.
Mr Kayasit joined the government service 37 years ago and has since held a number of important positions, mostly in the field of litigation. Despite the workload, he enjoys his job and looks forward to two more years in public service before his retirement.
In an exclusive interview for Spectrum Mr Kayasit was more than happy to answer questions on a number of subjects - some regarded as sensitive - as put to him by Maxmilian Wechsler .What is the role of a public prosecutor in Thailand?We are the lawyers for the state, charged with protecting and helping the people. The role of the public prosecutor is not only to litigate criminal cases, but also to uphold the rights of the people.What is your responsibility?I have responsibility over the northern Bangkok area. Like the police, the Office of Criminal Litigation divides Bangkok into three areas - northern, southern and Thonburi - each with its own director-general. All prosecutors in Thailand are under the Office of the Attorney-General.What falls under your jurisdiction?I am covering criminal cases sent to us by the Metropolitan Police, the Crime Suppression Division and the Crime Against Children,Juveniles and Women Suppression Division.We are also in contact with the Special Branch and other police agencies. We don't handle drugs-related cases. These are under the responsibility of the Department of Narcotics Litigation, which covers all three Bangkok areas.What are the powers of the prosecutor?Basically, after the police complete their investigation, they send the case to the prosecutor, who will process and forward it to the court. We will look at the case and issue a prosecution order or direct the police to do some additional investigating or to examine a witness if we think that more evidence is needed.
We can also issue a non-prosecution order if the evidence is not sufficient to prosecute and more can't be obtained.
Furthermore, we can also summon police offices or witnesses to obtain more information. If the police cannot arrest a defendant,for whatever reason, and they have strong reason to believe he/she committed a crime,we can order them to make the arrest.
The public prosecutor in Thailand cannot arrest anyone. This is the duty of the police.We don't have our own investigation team attached to our office either.Can you summon anyone to be your witness?We can summon only witnesses whom the police have already interviewed; we cannot approach those outside the police investigation.How powerful is the state prosecutor in Thailand?In comparison to the US, the prosecutors are more powerful there. Among other powers,they can investigate a case right from the beginning. For example, if a murder is reported,they can access the crime scene and begin an investigation right away. We can't do that here.How many cases did you prosecute in 2008?The Department of Criminal Litigation handled 16,605 cases.How many of the cases involved foreigners?Not more than 10%. Are the number of cases you are receiving from the police to prosecute going up or down this year?It is going up because the crime rate is increasing.What are the most common crimes you prosecute?In general, cases of larceny make up the biggest group, followed by assault and sexually related offences like rape and crimes against minors such as child abuse. We are also handling political cases. From what I have heard from my colleagues in the provinces, larceny is the most common crime there as well.What cases are the most difficult to prosecute?Forgeries of documents, including passports.They are difficult to prosecute because we don't have enough facilities to determine whether a document is real, counterfeit or altered.
We have a police scientific department to do the job, but the quality of the equipment is not so good. Also, it is sometimes difficult to get evidence from nationals and officials of other countries.What is your relationship with the police?Our co-operation with Royal Thai Police is excellent. No complaints there.What has been your biggest case so far?There are many to choose from. However,one of the most important involves an attack against the property of the president of the Privy Council, General Prem Tinsulanonda,that occurred in July 2007. The Office of the Attorney-General has decided to prosecute this case, which involves 15 defendants from the United Front for Democracy against Dictatorship (UDD). We are waiting for them to report themselves to the police.
Another big case is the incident where members of the People's Alliance for Democracy (PAD) entered the premises of the National Broadcasting Service of Thailand in August 2008. We will prosecute this case as well.According to media reports there has been an increase of lese majeste cases from previous years.Can you comment on this?
Yes, there has been an increase in this type of offence, partly because of the progress in technology, as it is now very easy to post messages on the internet or to send an email.Do you think that the increase might also be caused by politicians eager to settle a score, using the lese majesty law as their political tool?I don't think so. Lese majeste is usually committed on a website, in an email or during a speech.Do you have the authority to close a website?No, we don't. This is the responsibility of the Information and Technology Department.What is acceptable to you as evidence when someone allegedly makes remarks that constitute lese majeste during a speech?The evidence is usually a tape recording or CD and will be given to us by the police.It is believed among the Thai public and foreigners that every lese majeste accusation has to be prosecuted and sent to the court. Is this correct? This is incorrect. We don't have to accept every case and we can also reject it if the evidence is not sufficient. This has happened on several occasions.
A lese majeste case will not go automatically to the court. It is not fair that an individual has to go to jail just because they are accused of lese majeste. We have to look at the evidence.How many lese majeste cases are you handling now?The police have forwarded to us about 20 cases, all involving Thai nationals.What about the case involving the whole board of the Foreign Correspondents Club of Thailand (FCCT),who were accused of lese majeste recently?This case is still under investigation by the police and has not been sent to us yet.What is going on with the case against former Prime Minister's Office minister Jakrapob Penkair,who allegedly made a lese majeste remark during a speech at the FCCT in August 2007?This case is with us but we have not yet forwarded it to the court. He was due to see us on September 4, but his lawyer said that Mr Jakrapop couldn't make it as he was engaged in an important mission abroad. He should show up by October 7. This is his last chance. If not, a warrant will be issued for his arrest.Is it your own decision which lese majeste cases should be sent to the court?Every case, whatever the offence, is considered for prosecution not only by myself but by a committee set up by our department. We will look very carefully at the evidence.Have the police forwarded you reports on the cases involving the occupation of Don Mueang and Suvarnabhumi airports by the PAD in 2008, and the attempted assassination of PAD co-leader Sondhi Limthongkul this year?Not yet. Those cases are still under investigation by the police.Why has it taken so long to send the reports?I can't say exactly, but the cases involve so many issues concerning the evidence. It is a time-consuming affair. The police must question many witnesses, for example. Therefore,the police have to be very careful about how they handle everything.Are you handling cases involving the murders of the Saudi Arabian nationals committed here during 1989?Some of these cases are under our jurisdiction,and some defendants have been sent before the court. In some of the cases we issued a non-prosecution order. But as far as I know,the government has decided to re-investigate the cases now handled by the Department of Special Investigations (DSI). Any prosecutions will be handled by the Department of Special Litigations.Is there any problem with corruption in your department?Not at all. Our personnel are well educated and carefully chosen to work as prosecutors.However, I must admit that there was one isolated case, but we dismissed that particular individual immediately.Are you aware of cases where an attempt was made by people with power to influence your staff in some way?We are not influenced by politicians, police or military people. We try to help and to protect the people and the victims.Can a member of the public lodge a complaint with you, for instance, when they can't get help from the police?No, we don't provide such a service.Is there any time limitation for the police on submitting a case to you?The criminal procedure under the law is that if the alleged offender is released on bail, the police have 180 days to submit the case to us.If the person is - for whatever reason - not bailed out, it depends on the type of case. If it is a serious offence - with a possible imprisonment of more than 10 years - the case must be submitted to us within 84 days. However, if the maximum sentence is under 10 years the police must submit the case within 48 days.What will happen if the police do not submit the case to you within those time periods?If the alleged offender is not out on bail the court must release him/her, but it doesn't mean the case is automatically cancelled. It means only that the police don't have authority to keep the alleged offender in custody.In the cases of Don Mueang and Suvarnabhumi airports, the police have been investigating for more than 180 days?In these cases, we haven't started counting the days because the police haven't yet arrested anyone. Whenever they arrest someone then we will start counting. Theoretically the police can investigate a case for a very long time if they don't arrest anyone. The statue of limitations is up to 20 years before a case is dismissed. This, however, applies only to serious offences such as murder.What more powers would you like to have?We would like to have additional powers similar to the ones that the public prosecutor (district attorney) has in the US. For example,being involved in a case right from the beginning. I am talking only about important cases.
Then we wouldn't have to wait until the police submit their report to us. Right now the police are doing everything.
If, for example, we could have looked into the Don Mueang and Suvarnabhumi airports cases and attempted assassination of Mr Sondhi right from the beginning, maybe there would have been more progress.
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