POLITICS
Claims NCCC business ban breaches charter
The Supreme Court's Criminal Division for Political Office Holders yesterday asked the Constitution Court to rule whether a National Counter Corruption Commission law which forbids spouses of political post holders from involvement in any business dealings with state agencies is unconstitutional. A bench of nine judges of the Supreme Court's Criminal Division for Political Office Holders yesterday considered a complaint filed by former prime minister Thaksin Shinawatra and his wife on June 23.
The couple questioned the legality of the NCCC law, claiming it contravenes the constitution.
They said the constitution guarantees the people the right to run their businesses freely under a free market economy.
The couple wants a clearer interpretation of the constitutionality of the NCCC law on a spouse doing business with the state.
Mr Thaksin and his wife are facing trial over Khunying Potjaman's purchase of 33 rai of land in the Ratchadapisek area from the Financial Institutions Development Fund (FIDF) under the Bank of Thailand.
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| Anek Khamchum, left, and Khamnuan Chalopatum arrive at the Supreme Court yesterday to represent the Shinawatras in the Ratchadaphisek land case after three of the family's lawyers began serving six-month jail terms for the two-million-baht snack box incident. — PATTARACHAI PREECHAPANICH |
Both have denied charges of wrongdoing.
Mr Thaksin was accused of abusing his position as prime minister by helping his wife get a heavy discount for the land purchase.
The prosecution claimed the 772 million baht they paid for the land was far lower than the market price.
The Supreme Court said it would continue to consider the Ratchadapisek land case while the Constitution Court considers the constitutionality of the NCCC law. The Supreme Court will not give its verdict in the case until the Constitution Court has decided.
Nanthasak Poolsuk, who leads the prosecution and recommended indictment in the Ratchadapisek case, said that he was not surprised by Mr Thaksin's move. The defendant had been demanding that from the very beginning. He did not believe the constitutionality request would delay the trial.
The court has ordered both sides in the trial to strictly follow the court's current hearing schedule.
The prosecutors are now preparing 22 witnesses to testify before the court, said Mr Nanthasak.
Yesterday, a new team of lawyers was appointed to defend Mr Thaksin and Khunying Potjaman in the Ratchadapisek land trial after the three lawyers representing the couple earlier were sentenced to six months in jail for contempt for handing a snack box containing two million baht cash to a senior administrative officer of the court.
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