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.
Tuesday, September 22, 2009
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.
HK INSIDER TRADER JAILED FOR SEVEN YEARS
A Hong Kong court on Friday sentenced a former senior banker at Morgan Stanley to seven years in jail-the heaviest punishment it can impose - in the city's largest insider dealing case.
Du Jun was convicted on 10 charges for buying 87 million Hong Kong dollars (Bt379 million)worth of shares in Citic Resources when he was advising the firm on oil-field acquisitions in Kazakhstan and northeastern China.
He made a profit of more than $30 million from selling some of the shares in 2007, after the announcement of the acquisitions sent the share value up.
In sentencing, District Court Judge Andrew Chan said: "The scale was unprecedented. This case is the biggest I have come across so far."
The judge said Du was motivated by "sheer greed" and had "seriously undermined the integrity of the financial markets."
He noted that the 41-year-old had been warned twice by his superior against trading the shares, but he refused to listen to the advice.
Judge Chan sentenced Du to seven years and three months and imposed a fine of $23.32 million.
But the prison term had to be reduced to seven years as it was the maximum penalty the District Court can impose.
The judge also ordered that Du be prevented from dealing in secutiries and taking up directorship positions in listed companies for a period of five years.
The Securities and Futures Commission (SFC), the city's financial regulator, hailed the outcome of the case as the biggest deterrent against market misconduct crimes.
"The sentence is the strongest possible message to anyone tempted to commit insider dealing offences in the future," Mark Steward, the regulator's head of enforcement, said outside court.
David Webb, a shareholders activist and a former non-executive director of the Hong Kong Stock Exchange, said he expected the SFC to bring forward more insider dealing prosecutions in the near future.
"To build an effective deterrent against insider dealing, you need a track record of successful prosecutions," he said.
The conviction was thenth secured by the SFC on insider dealing since July last year and the fourth that resulted in jail terms.
The judge said Du was motivated by sheer greed and had seriously undermined the integrity of the financial markets.
Du Jun was convicted on 10 charges for buying 87 million Hong Kong dollars (Bt379 million)worth of shares in Citic Resources when he was advising the firm on oil-field acquisitions in Kazakhstan and northeastern China.
He made a profit of more than $30 million from selling some of the shares in 2007, after the announcement of the acquisitions sent the share value up.
In sentencing, District Court Judge Andrew Chan said: "The scale was unprecedented. This case is the biggest I have come across so far."
The judge said Du was motivated by "sheer greed" and had "seriously undermined the integrity of the financial markets."
He noted that the 41-year-old had been warned twice by his superior against trading the shares, but he refused to listen to the advice.
Judge Chan sentenced Du to seven years and three months and imposed a fine of $23.32 million.
But the prison term had to be reduced to seven years as it was the maximum penalty the District Court can impose.
The judge also ordered that Du be prevented from dealing in secutiries and taking up directorship positions in listed companies for a period of five years.
The Securities and Futures Commission (SFC), the city's financial regulator, hailed the outcome of the case as the biggest deterrent against market misconduct crimes.
"The sentence is the strongest possible message to anyone tempted to commit insider dealing offences in the future," Mark Steward, the regulator's head of enforcement, said outside court.
David Webb, a shareholders activist and a former non-executive director of the Hong Kong Stock Exchange, said he expected the SFC to bring forward more insider dealing prosecutions in the near future.
"To build an effective deterrent against insider dealing, you need a track record of successful prosecutions," he said.
The conviction was thenth secured by the SFC on insider dealing since July last year and the fourth that resulted in jail terms.
The judge said Du was motivated by sheer greed and had seriously undermined the integrity of the financial markets.
NEWIN TO ATTEND COURT FOR VERDICT TOMORROW
Newin Chidchob, a core leader of the Bhum Jai Party, said yesterday he would go to court tomorrow to hear the verdict of the rubber-saplings case, which involves 44 defendants, including former ministers in the Thaksin Cabinet.
The Supreme Court's Criminal Division for Political Office Holders is scheduled to hand down its verdict on the case at 2pm tomorrow. The court postponed reading its ruling on August 17, when a high-profile defendant, former commerce minister Adisai Bodharamik, was absent, saying he was on a medical trip to the US. Other defendants among the 44 are former deputy prime minister Somkid Jatusripitak and deputy finance minister Varathep Ratanakorn.
The media has reported that the court will definitely issue its verdict tomorrow even though some defendants are not expected to turn up.
Newin said he had been staying at his Bangkok home and had not run away to the provinces or absconded from the country.
Newin and another core leader of the coalition Bhum Jai Thai Party, Sora-at Klingprathum, would definitely show up at the court, a source said. "They will not run away because if they do, they will have to keep running for the rest of their life,'' the source said.
All top Bhum Jai Thai Party leaders will also be present at the court to give their leaders moral support.
However, Newin's supporters - known as the blue shirts - will not mobilise at the court. If Newin and Sora-at are acquitted, the party cannot yet celebrate because both face a number of other graft cases, including the two-and three-digit lotteries, the source said.
The Supreme Court's Criminal Division for Political Office Holders is scheduled to hand down its verdict on the case at 2pm tomorrow. The court postponed reading its ruling on August 17, when a high-profile defendant, former commerce minister Adisai Bodharamik, was absent, saying he was on a medical trip to the US. Other defendants among the 44 are former deputy prime minister Somkid Jatusripitak and deputy finance minister Varathep Ratanakorn.
The media has reported that the court will definitely issue its verdict tomorrow even though some defendants are not expected to turn up.
Newin said he had been staying at his Bangkok home and had not run away to the provinces or absconded from the country.
Newin and another core leader of the coalition Bhum Jai Thai Party, Sora-at Klingprathum, would definitely show up at the court, a source said. "They will not run away because if they do, they will have to keep running for the rest of their life,'' the source said.
All top Bhum Jai Thai Party leaders will also be present at the court to give their leaders moral support.
However, Newin's supporters - known as the blue shirts - will not mobilise at the court. If Newin and Sora-at are acquitted, the party cannot yet celebrate because both face a number of other graft cases, including the two-and three-digit lotteries, the source said.
Piyawat takes heat over forest claims
The Justice Ministry has ordered a disciplinary investigation against a senior member of the Department of Special Investigation for criticising his superior over alleged interference in massive forest encroachment in Chiang Rai's Sok Kok forest reserve.
Deputy permanent secretary for justice Charnchao Chaiyanukij, who oversees the DSI, said he had asked DSI chief Thawee Sodsong to set up a disciplinary panel to investigate Piyawat Kingkate,head of the special crime division.
Mr Charnchao said he ordered the probe as he did not want to see any DSI officials who were at odds with their bosses disclosing information regarding rifts in the agency to the public.
Pol Col Piyawat earlier decided to withdraw from an inquiry into alleged massive forest encroachment in Sop Kok forest reserve, claiming interference.
He alleged that Pol Col Thawee was compromising the investigation.
Pol Col Piyawat then lodged a complaint with the National Anti-Corruption Commission accusing the DSI chief of negligence of duty.
DSI deputy director-general Narat Sawettanand, in his capacity as spokesman for the agency, yesterday criticised Pol Col Piyawat for his remarks against the DSI chief.
He said the DSI had not stalled the case as alleged. It had ordered the investigation team to further investigate the case as some issues were not clear.
The probe team had been asked to investigate whether encroachment areas were in a forest reserve or in Sor Por Kor agricultural land reform areas.
But Pol Col Piyawat's team had not followed the order. Instead, Pol Col Piyawat submitted a letter to the DSI claiming its order was illegitimate.
The team has yet to send the probe report to the DSI, said the spokesman.
The DSI may set up a new team to investigate forest encroachment in the Sop Kok forest reserve after the investigation team pulled out of the case.
He said the DSI chief had not ordered investigators to press criminal charges against the only witness in the encroachment case as alleged.
Pol Col Piyawat yesterday said attempts were being made to intimidate the only witness in the case.
The witness provided statements that he saw people accused of land encroachment surveying the forest reserve.
But a group of men had recently tried to force the witness to reverse his statements, said Pol Col Piyawat. The witness had been asked to frame his investigation team, he added.
He accused the DSI chief of trying to stall the case despite a conclusion by state agencies that the alleged encroached areas were part of the forest reserve.
More than 900 rai of the protected forest has been encroached upon, allegedly by former government officials and close aides of a local politician.
Deputy permanent secretary for justice Charnchao Chaiyanukij, who oversees the DSI, said he had asked DSI chief Thawee Sodsong to set up a disciplinary panel to investigate Piyawat Kingkate,head of the special crime division.
Mr Charnchao said he ordered the probe as he did not want to see any DSI officials who were at odds with their bosses disclosing information regarding rifts in the agency to the public.
Pol Col Piyawat earlier decided to withdraw from an inquiry into alleged massive forest encroachment in Sop Kok forest reserve, claiming interference.
He alleged that Pol Col Thawee was compromising the investigation.
Pol Col Piyawat then lodged a complaint with the National Anti-Corruption Commission accusing the DSI chief of negligence of duty.
DSI deputy director-general Narat Sawettanand, in his capacity as spokesman for the agency, yesterday criticised Pol Col Piyawat for his remarks against the DSI chief.
He said the DSI had not stalled the case as alleged. It had ordered the investigation team to further investigate the case as some issues were not clear.
The probe team had been asked to investigate whether encroachment areas were in a forest reserve or in Sor Por Kor agricultural land reform areas.
But Pol Col Piyawat's team had not followed the order. Instead, Pol Col Piyawat submitted a letter to the DSI claiming its order was illegitimate.
The team has yet to send the probe report to the DSI, said the spokesman.
The DSI may set up a new team to investigate forest encroachment in the Sop Kok forest reserve after the investigation team pulled out of the case.
He said the DSI chief had not ordered investigators to press criminal charges against the only witness in the encroachment case as alleged.
Pol Col Piyawat yesterday said attempts were being made to intimidate the only witness in the case.
The witness provided statements that he saw people accused of land encroachment surveying the forest reserve.
But a group of men had recently tried to force the witness to reverse his statements, said Pol Col Piyawat. The witness had been asked to frame his investigation team, he added.
He accused the DSI chief of trying to stall the case despite a conclusion by state agencies that the alleged encroached areas were part of the forest reserve.
More than 900 rai of the protected forest has been encroached upon, allegedly by former government officials and close aides of a local politician.
Guilty ruling for Oraphin
The Supreme Court's Criminal Division for Holders of Political Positions has disqualified Nakhon Sawan senator Oraphin Mansin and banned her from holding political posts for five years.
The court handed down the verdict against Oraphin who was found to have submitted a false assets declaration to the National Anti-Corruption Commission (NACC) concealing a debt of 172 million baht.
The false assets declaration also incurred a criminal charge for which she was given a two-month jail term. But the sentence was reduced to a one-year suspended jail term and she was also fined 4,000 baht.
Oraphin failed to report to the NACC a debt of 172 million baht after she assumed her Senate post in March 2008.
She claimed she had forgotten about the debt. She explained the debt was accumulated from guaranteeing a loan for her former husband.
The Central Bankruptcy Court also declared Oraphin bankrupt on May 6,2008.
The court ruled that Oraphin immediately lost her senator status after the court delivered its verdict.
The court is also scheduled to rule on alleged false assets declaration submission cases against Yongyuth Tiyapairat,former natural resources and environment minister, on Sept 28, and against Sombat Uthaisang, former deputy interior minister, on Sept 25.
Both were ministers in the Thaksin Shinawatra administrations.
The court handed down the verdict against Oraphin who was found to have submitted a false assets declaration to the National Anti-Corruption Commission (NACC) concealing a debt of 172 million baht.
The false assets declaration also incurred a criminal charge for which she was given a two-month jail term. But the sentence was reduced to a one-year suspended jail term and she was also fined 4,000 baht.
Oraphin failed to report to the NACC a debt of 172 million baht after she assumed her Senate post in March 2008.
She claimed she had forgotten about the debt. She explained the debt was accumulated from guaranteeing a loan for her former husband.
The Central Bankruptcy Court also declared Oraphin bankrupt on May 6,2008.
The court ruled that Oraphin immediately lost her senator status after the court delivered its verdict.
The court is also scheduled to rule on alleged false assets declaration submission cases against Yongyuth Tiyapairat,former natural resources and environment minister, on Sept 28, and against Sombat Uthaisang, former deputy interior minister, on Sept 25.
Both were ministers in the Thaksin Shinawatra administrations.
Tuesday, September 15, 2009
US verdict puts onus on NACC
Yesterday a jury appointed by a Los Angeles court found Gerald and Patricia Green guilty of paying over US$1.8 million (about 72 million baht at the time) in bribes to the governor of the Tourism Authority of Thailand (TAT), in exchange for a lucrative contract to host the Bangkok International Film Festival (BKK IFF) from 2002 to 2006.
With this verdict, there can be no more excuses or delays from the Thai anti-graft agency in launching an investigation into Juthamas Siriwan, the former TAT governor who granted the film festival deals, along with other contracts worth more than $10 million, to the Greens during those scandalous years.
The National Anti-Corruption Committee (NACC)is scheduled to meet today to discuss the case. The swift and decisive trial of the Greens by the US court means any further procrastination by the NACC in questioning the involvement of Ms Juthamas would greatly tarnish the authority of the local anti-graft body.
This much is obvious: Someone in the TAT received kickback money from the Greens. It would be a gross lapse of duty if the NACC fails to find out who.
In fact, the official inquiry into Ms Juthamas' role has been long overdue. The Greens were arrested by the FBI in December 2007 to face charges of conspiracy,bribing a foreign official and money laundering. The FBI affidavit clearly states that the Greens, who ran the LA-based Film Festival Management Inc,"bribed a senior Thai official of the Tourism Authority of Thailand for the award of a contract to run a state-funded international film festival held annually in Bangkok".
The affidavit doesn't name names, but it states that Mr Green, now 75, had a close relationship with "the Governor". All meetings between Mr Green and "The Governor", the report says, were held behind closed doors: even Mr Green's wife Patricia wasn't allowed in.The report details the payment of "commission money"to "the Governor's daughter".
A day after the Greens' arrest in December 2007, Ms Juthamas resigned from Puea Pandin Party and pulled out of the Dec 23 general election. She has, however,continued to deny any wrongdoing from the beginning.
During Ms Juthamas' tenure as TAT governor, the BKK IFF, a movie event funded by taxpayers' money,was allocated a spectacular budget of 200 million baht.Mr Green's company was in charge of film selection and inviting celebrities, but during those years the BKK IFF was disparaged by critics and international journalists as an inflated and unnecessarily expensive circus that had no real concerns for local audiences or the Thai film industry. It also raised the question of whether a tourism board was the best agency to manage a movie festival.
When Ms Juthamas stepped down in mid-2007, the contracts with Mr Green's firm were cancelled and the TAT assigned the Federation of National Film Associations and Thai Film Directors Association to organise the festival. The budget has dropped to around 45 million baht. This year the festival will run from Sept 24 to 30, and although it remains a league away from the major film festivals in Asia, the last two editions of the BKK IFF were modest in nature and the event has regained a degree of dignity and level-headedness.
In any case, the name BKK IFF has been blemished.The bribery scandal is arguably the most shameful incident in the history of Thailand's entertainment sector. Money changed hands. Laws were broken. The American court has made a show of justice. Now the NACC must do the same.
With this verdict, there can be no more excuses or delays from the Thai anti-graft agency in launching an investigation into Juthamas Siriwan, the former TAT governor who granted the film festival deals, along with other contracts worth more than $10 million, to the Greens during those scandalous years.
The National Anti-Corruption Committee (NACC)is scheduled to meet today to discuss the case. The swift and decisive trial of the Greens by the US court means any further procrastination by the NACC in questioning the involvement of Ms Juthamas would greatly tarnish the authority of the local anti-graft body.
This much is obvious: Someone in the TAT received kickback money from the Greens. It would be a gross lapse of duty if the NACC fails to find out who.
In fact, the official inquiry into Ms Juthamas' role has been long overdue. The Greens were arrested by the FBI in December 2007 to face charges of conspiracy,bribing a foreign official and money laundering. The FBI affidavit clearly states that the Greens, who ran the LA-based Film Festival Management Inc,"bribed a senior Thai official of the Tourism Authority of Thailand for the award of a contract to run a state-funded international film festival held annually in Bangkok".
The affidavit doesn't name names, but it states that Mr Green, now 75, had a close relationship with "the Governor". All meetings between Mr Green and "The Governor", the report says, were held behind closed doors: even Mr Green's wife Patricia wasn't allowed in.The report details the payment of "commission money"to "the Governor's daughter".
A day after the Greens' arrest in December 2007, Ms Juthamas resigned from Puea Pandin Party and pulled out of the Dec 23 general election. She has, however,continued to deny any wrongdoing from the beginning.
During Ms Juthamas' tenure as TAT governor, the BKK IFF, a movie event funded by taxpayers' money,was allocated a spectacular budget of 200 million baht.Mr Green's company was in charge of film selection and inviting celebrities, but during those years the BKK IFF was disparaged by critics and international journalists as an inflated and unnecessarily expensive circus that had no real concerns for local audiences or the Thai film industry. It also raised the question of whether a tourism board was the best agency to manage a movie festival.
When Ms Juthamas stepped down in mid-2007, the contracts with Mr Green's firm were cancelled and the TAT assigned the Federation of National Film Associations and Thai Film Directors Association to organise the festival. The budget has dropped to around 45 million baht. This year the festival will run from Sept 24 to 30, and although it remains a league away from the major film festivals in Asia, the last two editions of the BKK IFF were modest in nature and the event has regained a degree of dignity and level-headedness.
In any case, the name BKK IFF has been blemished.The bribery scandal is arguably the most shameful incident in the history of Thailand's entertainment sector. Money changed hands. Laws were broken. The American court has made a show of justice. Now the NACC must do the same.
Monday, September 14, 2009
PM GREETED WITH ABUSE AND FERMENTED FISH ON TRIP NORTH
Prime Minister Abhisit Vejjajiva was yesterday welcomed to Lop Buri province with bags of fermented fish and a barrage of shoes thrown by red shirt protesters.
During the visit to Tha Wung district, his motorcade was confronted by a group of about 100 red shirts who successfully broke through a perimeter of about 500 policemen and soldiers.
They waved placards and made vulgar speeches against the prime minister.
When Mr Abhisit's motorcade was leaving the district office, protesters hurled objects including bags of soft drinks, plastic cups, bags containing fermented fish and shoes. The red shirts' disruption of the prime minister's trip was seen as a prelude to a planned rally next Saturday.
Mr Abhisit, who had held talks yesterday with the new acting police chief, Thani Somboonsap, about the Sept 19 rallies, said the cabinet would invoke the Internal Security Act (ISA) on Tuesday to handle the rally.
The government's ability to rely on the police to control next week's protests has been thrown into question after Mr Abhisit forced the national police chief, Patcharawat Wongsuwon, from his job.
The United Front for Democracy against Dictatorship (UDD) leader Chatuporn Prompan yesterday shrugged off the government's plan to enforce the ISA, saying the the UDD would continue to hold the rally even if the government invoked the law.
They will exercise their right to rally without weapons under Article 63 of the constitution, he added.
On Saturday, the third anniversary of the 2006 coup, red shirts are to hold a rally at the Royal Plaza before moving to the Si Sao Theves residence of Privy Council president Gen Prem Tinsulanonda.
The rally would end at about midnight, he said.
Mr Chatuporn said he is also discussing with other UDD leaders the possibility of leading protesters to the office of the National Anti-Corruption Commission (NACC) to "test police security measures" there.
Security has been beefed up at the NACC office in the wake of Friday's bomb attack at the former house of commissioner Vicha Mahakhun.
The bomb attack is believed to be linked to the NACC's decision to bring charges against those involved in the Oct 7 crackdown last year, including Pol Gen Patcharawat, on anti-government demonstrators.
During the visit to Tha Wung district, his motorcade was confronted by a group of about 100 red shirts who successfully broke through a perimeter of about 500 policemen and soldiers.
They waved placards and made vulgar speeches against the prime minister.
When Mr Abhisit's motorcade was leaving the district office, protesters hurled objects including bags of soft drinks, plastic cups, bags containing fermented fish and shoes. The red shirts' disruption of the prime minister's trip was seen as a prelude to a planned rally next Saturday.
Mr Abhisit, who had held talks yesterday with the new acting police chief, Thani Somboonsap, about the Sept 19 rallies, said the cabinet would invoke the Internal Security Act (ISA) on Tuesday to handle the rally.
The government's ability to rely on the police to control next week's protests has been thrown into question after Mr Abhisit forced the national police chief, Patcharawat Wongsuwon, from his job.
The United Front for Democracy against Dictatorship (UDD) leader Chatuporn Prompan yesterday shrugged off the government's plan to enforce the ISA, saying the the UDD would continue to hold the rally even if the government invoked the law.
They will exercise their right to rally without weapons under Article 63 of the constitution, he added.
On Saturday, the third anniversary of the 2006 coup, red shirts are to hold a rally at the Royal Plaza before moving to the Si Sao Theves residence of Privy Council president Gen Prem Tinsulanonda.
The rally would end at about midnight, he said.
Mr Chatuporn said he is also discussing with other UDD leaders the possibility of leading protesters to the office of the National Anti-Corruption Commission (NACC) to "test police security measures" there.
Security has been beefed up at the NACC office in the wake of Friday's bomb attack at the former house of commissioner Vicha Mahakhun.
The bomb attack is believed to be linked to the NACC's decision to bring charges against those involved in the Oct 7 crackdown last year, including Pol Gen Patcharawat, on anti-government demonstrators.
Sunday, September 13, 2009
Public prosecutors "must boost credibility"
The Department of Special Investigation's (DSI) director-general Thawee Sodsong yesterday urged public prosecutors to build their credibility so their indictments against special case suspects would be accepted by foreign law enforcement officers.
Speaking at a seminar on empowering public prosecutors investigating special cases, Pol Col Thawee said the prosecutors must work strictly by the book to ensure accuracy in each individual case's investigation process.
Otherwise, members of the public and also foreign law enforcement officers would lose their trust in public prosecutors' performance.
According to Pol Col Thawee, by far the weakest points in DSI investigations into special cases are insufficient evidence and the fact that influential figures, such as politicians, try to influence the outcome of the investigations they are carrying out.
Over the past six years since the DSI was set up it has handled 567 cases. Of that total, the DSI has worked with the Office of the Attorney-General in the investigation of 287 cases. Among them, 109 cases have been indicted in court, and the court has already handed down verdicts for 102 cases. Pol Col Thawee said he was satisfied with the statistics.
Speaking at a seminar on empowering public prosecutors investigating special cases, Pol Col Thawee said the prosecutors must work strictly by the book to ensure accuracy in each individual case's investigation process.
Otherwise, members of the public and also foreign law enforcement officers would lose their trust in public prosecutors' performance.
According to Pol Col Thawee, by far the weakest points in DSI investigations into special cases are insufficient evidence and the fact that influential figures, such as politicians, try to influence the outcome of the investigations they are carrying out.
Over the past six years since the DSI was set up it has handled 567 cases. Of that total, the DSI has worked with the Office of the Attorney-General in the investigation of 287 cases. Among them, 109 cases have been indicted in court, and the court has already handed down verdicts for 102 cases. Pol Col Thawee said he was satisfied with the statistics.
Friday, September 11, 2009
MP Queries delay in appointing Mechai as head of community sufficiency project
Pheu Thai MP Anudit Nakornthap yesterday questioned why Mechai Viravaidya has not yet been appointed as chairman of the Sufficiency Community Project.
The post has been vacant since Deputy Prime Minister Korbsak Sabhavasu stepped down over corruption scandals.
"I think it's necessary to see who will sort out problems in this project. The damages are estimated at over Bt5 billion," Anudit said.
When Korbsak resigned last month, Prime Minister Abhisit Vejjajiva said that Mechai, who is the project's deputy chairman, would be promoted to the top post.
Anudit also lamented that Sumit Champrasit remained the director of the Office of Sufficiency Community Project.
"He's clearly involved in the corrupt practice," the Bangkok MP alleged. "So, it's difficult for people to seek documents from the office to support the claim about corruption".
Anudit said Sumit has sold his products via the Sufficiency Community Project. The directors and officials of about 12 district offices in Bangkok should also be blamed for the irregularities.
Anudit also accused some bank officials and some private companies of taking part in the corruption.
"But it will be hard to find evidence because this is policy-based corruption," Anudit said, "The top government figures should thus be held responsible".
He said it was not appropriate for the Democrat Party to simply dismiss local politicians from its party.
"There are people in higher positions who should take responsibility," Anudit said.
He was speaking after he led a group of Bangkok residents to submit additional evidence about corruption related to the Sufficiency Community Project to the Department of Special Investigation (DSI).
DSI is looking into their complaint. However, it said if the case is really related to political office holders or senior government officials, the case must be referred to the National Anti-Corruption Commission.
The post has been vacant since Deputy Prime Minister Korbsak Sabhavasu stepped down over corruption scandals.
"I think it's necessary to see who will sort out problems in this project. The damages are estimated at over Bt5 billion," Anudit said.
When Korbsak resigned last month, Prime Minister Abhisit Vejjajiva said that Mechai, who is the project's deputy chairman, would be promoted to the top post.
Anudit also lamented that Sumit Champrasit remained the director of the Office of Sufficiency Community Project.
"He's clearly involved in the corrupt practice," the Bangkok MP alleged. "So, it's difficult for people to seek documents from the office to support the claim about corruption".
Anudit said Sumit has sold his products via the Sufficiency Community Project. The directors and officials of about 12 district offices in Bangkok should also be blamed for the irregularities.
Anudit also accused some bank officials and some private companies of taking part in the corruption.
"But it will be hard to find evidence because this is policy-based corruption," Anudit said, "The top government figures should thus be held responsible".
He said it was not appropriate for the Democrat Party to simply dismiss local politicians from its party.
"There are people in higher positions who should take responsibility," Anudit said.
He was speaking after he led a group of Bangkok residents to submit additional evidence about corruption related to the Sufficiency Community Project to the Department of Special Investigation (DSI).
DSI is looking into their complaint. However, it said if the case is really related to political office holders or senior government officials, the case must be referred to the National Anti-Corruption Commission.
Wednesday, September 9, 2009
PROSECUTOR WANTS 5 MORE KHMER ROUGE INVESTIGATED
A prosecutor at Cambodia's Khmer Rouge tribunal has formally recommended that five more suspects be investigated for crimes against humanity and other offences, setting the legal body on a collision course with the counttry's powerful prime minister.
A statement from the tribunal yesterday said the acting international co-prosecutor, William Smith of Australia, submitted his recommendation to the co-investigating judges, who would then decide whether to issue arrest warrants.
Cambodian Prime minister Hun sen has repeatedly spokean out against expanding the list of defendants.
On monday, Hun Sen said such action could lead to civil war.
"I would like to tell you that if you prosecute [more leaders] without thinking beforehand about national reconciliation and peace, and if war breaks out again and kills 20,000 or 30,000 people, who will be responsible?" Hun Sen said.
The UN administrator for the tribunal isued a blunt reminder to Hun Sen has repeatedly spokean out against expandign the list of defendants.
"It is a clearly established international standard that courts do not seek approval of advice on their work from the executive branch," Knut Rosandhaug said in a statement.
Critics accuse Hun Sen of trying to limit the tribunal's scope to prevent his political allies from being indicted. Hun Sen served as a Khmer Rouge officer and many of his main allies are also former members of the group.
A statement from the tribunal yesterday said the acting international co-prosecutor, William Smith of Australia, submitted his recommendation to the co-investigating judges, who would then decide whether to issue arrest warrants.
Cambodian Prime minister Hun sen has repeatedly spokean out against expanding the list of defendants.
On monday, Hun Sen said such action could lead to civil war.
"I would like to tell you that if you prosecute [more leaders] without thinking beforehand about national reconciliation and peace, and if war breaks out again and kills 20,000 or 30,000 people, who will be responsible?" Hun Sen said.
The UN administrator for the tribunal isued a blunt reminder to Hun Sen has repeatedly spokean out against expandign the list of defendants.
"It is a clearly established international standard that courts do not seek approval of advice on their work from the executive branch," Knut Rosandhaug said in a statement.
Critics accuse Hun Sen of trying to limit the tribunal's scope to prevent his political allies from being indicted. Hun Sen served as a Khmer Rouge officer and many of his main allies are also former members of the group.
Monday, September 7, 2009
PACC links 4 groups to graft scandal
Four groups have been identified as having links to scandal-plagued community sufficiency projects in Bangkok's Bang Kapi district, the Public Sector AntiCorruption Commission says.
PACC secretary-general Tharit Pengdit yesterday said a preliminary investigation had found local politicians, district officials, Sufficiency Economy Office for Community Development (SEO) staff and four companies had been involved in irregularities in the sufficiency projects in Bang Kapi district.
The SEO is responsible for granting funds to community projects under the Sufficiency Economy for Community Development Programme.
The PACC's investigation followed complaints about alleged irregularities in sufficiency projects countrywide, and accusations that politicians and government officials were involved.
The investigation found a Bang Kapi district councillor had acted as a broker,arranging the purchase of equipment for the communities without seeking the consent of local people as required by law.
District councillors were also found to have falsified documents.
Officials attached to the Bang Kapi district office's community development office were found to have neglected their responsibilities by allowing politicians to become involved in the procurement plans.
The two SEO officials found involved in the irregularities have been dismissed from office.
The last group involved four private firms found to have supplied substandard and overpriced equipment to the communities, Mr Tharit said.
Puea Thai Party spokesman Prompong Nopparit yesterday led Din Daeng residents in filing a complaint with the Crime Suppression Division asking it to look into alleged corruption in community projects being undertaken in Din Daeng and other districts in Bangkok.
PACC secretary-general Tharit Pengdit yesterday said a preliminary investigation had found local politicians, district officials, Sufficiency Economy Office for Community Development (SEO) staff and four companies had been involved in irregularities in the sufficiency projects in Bang Kapi district.
The SEO is responsible for granting funds to community projects under the Sufficiency Economy for Community Development Programme.
The PACC's investigation followed complaints about alleged irregularities in sufficiency projects countrywide, and accusations that politicians and government officials were involved.
The investigation found a Bang Kapi district councillor had acted as a broker,arranging the purchase of equipment for the communities without seeking the consent of local people as required by law.
District councillors were also found to have falsified documents.
Officials attached to the Bang Kapi district office's community development office were found to have neglected their responsibilities by allowing politicians to become involved in the procurement plans.
The two SEO officials found involved in the irregularities have been dismissed from office.
The last group involved four private firms found to have supplied substandard and overpriced equipment to the communities, Mr Tharit said.
Puea Thai Party spokesman Prompong Nopparit yesterday led Din Daeng residents in filing a complaint with the Crime Suppression Division asking it to look into alleged corruption in community projects being undertaken in Din Daeng and other districts in Bangkok.
Sunday, September 6, 2009
Vote fraud mars TAO elections
Tambon administration organisation elections held yesterday have been marred by widespread vote-buying allegations.
Poll cheats are suspected of spending more money than ever in the elections which were held in 2,959 tambons across 74 provinces.
The chair of the People's Network for Election Thailand (Pnet) in Ayutthaya,Chollada Boonkasem, said vote-buying was rampant in several tambons in the central province. Voters were offered as much as 1,000 baht to vote for candidates for the position of TAO chair, and 200 baht to 300 baht for TAO rank-and-file members.
Most cash handouts were reported in Phra Nakhon Si Ayutthaya, Phachi,Uthai, Sena and Bang Sai districts, Ms Chollada said, as she was handing poll fraud evidence to the provincial election committee. There are 93 tambons in Ayutthaya.
Mana Yaemchabok, an election committee member in Polkrang in the northeastern province of Nakhon Ratchasima,said poll supervisors and police were out in force looking for vote buyers on Saturday night. No violations were reported.
Thawee Chunkor, director of the Buri Ram election commission, said the atmosphere in many tambons in the northeastern province was lively. He expected the voter turnout to top 70%.
Mr Thawee said his panel had not received any complaints about poll violations.
But an observer said a group of teenagers was seen handing out pre-paid mobile phone cards to voters in several areas. Cash handouts of about 300 baht to 500 baht were also made, he said.
In the southern province of Ranong,voters flocked to the polls amid heavy rain.
Kamol Wipadapisut, chairman of the Ranong provincial election office, said the office received a complaint that a village head in tambon Ngao had failed to maintain his neutrality by suggesting that voters support certain candidates.The committee was investigating.
In the lower southern province of Trang, two election canvassers were arrested with cash they allegedly were using to buy votes.
Sompong Buaban, chair of the provincial election commission, said three complaints had been lodged with the commission, including the one about two arrested canvassers in Natam Nua TAO in Muang district.
The atmosphere in the three restive southern border provinces of Yala, Narathiwat and Pattani was quiet.
In Yala, only a small number of voters showed up in tightly guarded Pron tambon in Muang district to cast their ballot.
Election Commission secretarygeneral Suthiphon Thaveechaiyagarn said the turnout around the country was expected to be about 70%.
Official results were expected to be declared by the EC this week, he said.
Poll cheats are suspected of spending more money than ever in the elections which were held in 2,959 tambons across 74 provinces.
The chair of the People's Network for Election Thailand (Pnet) in Ayutthaya,Chollada Boonkasem, said vote-buying was rampant in several tambons in the central province. Voters were offered as much as 1,000 baht to vote for candidates for the position of TAO chair, and 200 baht to 300 baht for TAO rank-and-file members.
Most cash handouts were reported in Phra Nakhon Si Ayutthaya, Phachi,Uthai, Sena and Bang Sai districts, Ms Chollada said, as she was handing poll fraud evidence to the provincial election committee. There are 93 tambons in Ayutthaya.
Mana Yaemchabok, an election committee member in Polkrang in the northeastern province of Nakhon Ratchasima,said poll supervisors and police were out in force looking for vote buyers on Saturday night. No violations were reported.
Thawee Chunkor, director of the Buri Ram election commission, said the atmosphere in many tambons in the northeastern province was lively. He expected the voter turnout to top 70%.
Mr Thawee said his panel had not received any complaints about poll violations.
But an observer said a group of teenagers was seen handing out pre-paid mobile phone cards to voters in several areas. Cash handouts of about 300 baht to 500 baht were also made, he said.
In the southern province of Ranong,voters flocked to the polls amid heavy rain.
Kamol Wipadapisut, chairman of the Ranong provincial election office, said the office received a complaint that a village head in tambon Ngao had failed to maintain his neutrality by suggesting that voters support certain candidates.The committee was investigating.
In the lower southern province of Trang, two election canvassers were arrested with cash they allegedly were using to buy votes.
Sompong Buaban, chair of the provincial election commission, said three complaints had been lodged with the commission, including the one about two arrested canvassers in Natam Nua TAO in Muang district.
The atmosphere in the three restive southern border provinces of Yala, Narathiwat and Pattani was quiet.
In Yala, only a small number of voters showed up in tightly guarded Pron tambon in Muang district to cast their ballot.
Election Commission secretarygeneral Suthiphon Thaveechaiyagarn said the turnout around the country was expected to be about 70%.
Official results were expected to be declared by the EC this week, he said.
Vote-buyers top up credit
Reports of vote-buying and intimidation mounted in some provinces yesterday as poll organisers mobilised resources to ensure today's country-wide local elections are clean and fair.
People across the country go to polling stations today to elect members of 2,959 tambon administrative organisations.
The polls, in which more than 117,000 people are vying for TAO seats and more than 6,400 people are running for TAO mayoral posts, are expected to be fierce in several areas.
Prasit Kotchakotra, chairman of Kalasin provincial election committee, said vote-buying allegations surfaced in many areas as the polls approached.
More than 200 million baht was believed to have changed hands to elect members of 98 TAOs, he said.
Gen Weerawut Songsai, chairman of Nakhon Ratchasima provincial election committee, said canvassers had come up with a new form of vote-buying.
Instead of handing out cash, the campaigners transferred call credits to voters'mobile phones, which made it more difficult to track vote-buying, he noted.
In Kamphaeng Phet's Kosamphinakhon district, Sithon Piarodwong, clerk of tambon Lan Dok Mai administrative organisation, said police and election staff would be deployed at polling stations.
He said the contest was fierce because three candidates are running for mayor.
Prapun Naigowit, member of the Election Commission, said the poll agency would use all the resources at its disposal to ensure fair elections.
In the northeastern province, elections are being held at 100 TAOs in 26 districts.
EC member Sodsri Sattayatham said the provincial committee would look into a complaint against local election staff in Nakhon Ratchasima for failing to be politically neutral.
Election staff in tambon Polkrang in Muang district were accused of favouritism.
Mrs Sodsri, who inspected poll preparations in Nakhon Ratchasima yesterday, said she had told election panels to strictly enforce the law.
People across the country go to polling stations today to elect members of 2,959 tambon administrative organisations.
The polls, in which more than 117,000 people are vying for TAO seats and more than 6,400 people are running for TAO mayoral posts, are expected to be fierce in several areas.
Prasit Kotchakotra, chairman of Kalasin provincial election committee, said vote-buying allegations surfaced in many areas as the polls approached.
More than 200 million baht was believed to have changed hands to elect members of 98 TAOs, he said.
Gen Weerawut Songsai, chairman of Nakhon Ratchasima provincial election committee, said canvassers had come up with a new form of vote-buying.
Instead of handing out cash, the campaigners transferred call credits to voters'mobile phones, which made it more difficult to track vote-buying, he noted.
In Kamphaeng Phet's Kosamphinakhon district, Sithon Piarodwong, clerk of tambon Lan Dok Mai administrative organisation, said police and election staff would be deployed at polling stations.
He said the contest was fierce because three candidates are running for mayor.
Prapun Naigowit, member of the Election Commission, said the poll agency would use all the resources at its disposal to ensure fair elections.
In the northeastern province, elections are being held at 100 TAOs in 26 districts.
EC member Sodsri Sattayatham said the provincial committee would look into a complaint against local election staff in Nakhon Ratchasima for failing to be politically neutral.
Election staff in tambon Polkrang in Muang district were accused of favouritism.
Mrs Sodsri, who inspected poll preparations in Nakhon Ratchasima yesterday, said she had told election panels to strictly enforce the law.
Friday, September 4, 2009
Constitution Court judges back 2010 Budget Bill in 8-1 verdict
The Constitution Court yesterday upheld the 2010 Budget Bill's legal status by a near unanimous 8-1 vote.
The verdict rejected Pheu Thai MP Surapong Tovijakchaikul's argument that the bill was unconstitutional because Bt22 billion had been added to the budget without proper explanation.
Surapong made his case to the court on Wednesday that the unspecified spending increase might benefit government MPs or House committee members directly or indirectly.
Finance Minister Korn Chatikavanij and Trairong Suwankhiri, vice chairman of the House committee vetting the Budget Bill, defended the legislation.
The Constitution Court took about one hour to deliberate on the case before handing down the 8-1 judgement that the bill did not contravene Article 168 of the Constitution.
The court said it found that the spending increase in the budget was not intended to benefit any MPs or House committee members.
Earlier Surapong said the House committee's approval of the Bt22-billion increase in the budget without indicating details of the spending violated Article 168, because it could constitute a conspiracy among the committee members.
"If the court rules this did violate the Constitution, then whether Parliament will be dissolved is up to the prime minister. In 1937, the Budget Bill failed to win approval, and the House was dissolved," he said.
The verdict rejected Pheu Thai MP Surapong Tovijakchaikul's argument that the bill was unconstitutional because Bt22 billion had been added to the budget without proper explanation.
Surapong made his case to the court on Wednesday that the unspecified spending increase might benefit government MPs or House committee members directly or indirectly.
Finance Minister Korn Chatikavanij and Trairong Suwankhiri, vice chairman of the House committee vetting the Budget Bill, defended the legislation.
The Constitution Court took about one hour to deliberate on the case before handing down the 8-1 judgement that the bill did not contravene Article 168 of the Constitution.
The court said it found that the spending increase in the budget was not intended to benefit any MPs or House committee members.
Earlier Surapong said the House committee's approval of the Bt22-billion increase in the budget without indicating details of the spending violated Article 168, because it could constitute a conspiracy among the committee members.
"If the court rules this did violate the Constitution, then whether Parliament will be dissolved is up to the prime minister. In 1937, the Budget Bill failed to win approval, and the House was dissolved," he said.
EC appoints panel to look into conduct of Prasobsuk
The Election Commission has appointed a committee to investigate the senate speaker over claims he failed to seek a ruling from the Constitution Court on the qualifications of 16 senators accused of violating the shareholding law.
The law required Prasobsuk Boondej to seek the court ruling on the senators'qualifications within 30 days.
EC secretary-general Suthiphon Thaveechaiyagarn yesterday said Mr Prasobsuk did not seek the ruling.
Mr Suthiphon said the EC had asked its litigation team to look into Mr Prasobsuk's actions after it received a complaint from appointed senator Ruangkrai Le-
kijwattana.
Mr Ruangkrai asked the EC to probe whether Mr Prasobsuk had violated Article 266(1)of the charter.
Mr Prasobsuk's alleged failure meant the EC was unable to vet the Suthiphon: Litigation qualifications of team to probe actions the senators.
The EC also set up a subcommittee yesterday to look into the facts of the case and their legal implications. The subcommittee was expected to report back to the commission within 30 days.
The Constitution Court would eventually decide if the Senate speaker should be removed from office if it was found he violated the constitution.
Mr Prasobsuk yesterday said he had not neglected his duties nor helped his fellow senators evade justice.
He said the EC had no right to investigate his conduct, but he would cooperate with it if it invited him to appear before it to answer questions.
Mr Suthiphon said the EC had sent its decision to ban 13 MPs who allegedly hold stakes in state concessionaires to House Speaker Chai Chidchob.
Mr Chai would pass the decision to the Constitution Court which had the final authority to rule if the MPs should be stripped of their seats.
The law required Prasobsuk Boondej to seek the court ruling on the senators'qualifications within 30 days.
EC secretary-general Suthiphon Thaveechaiyagarn yesterday said Mr Prasobsuk did not seek the ruling.
Mr Suthiphon said the EC had asked its litigation team to look into Mr Prasobsuk's actions after it received a complaint from appointed senator Ruangkrai Le-
kijwattana.
Mr Ruangkrai asked the EC to probe whether Mr Prasobsuk had violated Article 266(1)of the charter.
Mr Prasobsuk's alleged failure meant the EC was unable to vet the Suthiphon: Litigation qualifications of team to probe actions the senators.
The EC also set up a subcommittee yesterday to look into the facts of the case and their legal implications. The subcommittee was expected to report back to the commission within 30 days.
The Constitution Court would eventually decide if the Senate speaker should be removed from office if it was found he violated the constitution.
Mr Prasobsuk yesterday said he had not neglected his duties nor helped his fellow senators evade justice.
He said the EC had no right to investigate his conduct, but he would cooperate with it if it invited him to appear before it to answer questions.
Mr Suthiphon said the EC had sent its decision to ban 13 MPs who allegedly hold stakes in state concessionaires to House Speaker Chai Chidchob.
Mr Chai would pass the decision to the Constitution Court which had the final authority to rule if the MPs should be stripped of their seats.
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