Four acquittal judges blasted

Experts: Article 295 cannot be applied

Supawadee Susanpoolthong

Law experts yesterday blasted the four Constitutional Court judges who exonerated Prime Minister Thaksin Shinawatra on grounds that Article 295 could not be applied in his wealth cover-up trial.

Montri Roopsuwan, a law lecturer at Ramkhamhaeng University and a former charter writer, said their reasoning was evidence that they were weak in law.

The court on Friday voted 8:7 to acquit Mr Thaksin, but did not supply a written verdict.

Judges who voted in favour of Mr Thaksin citing Article 295 are Kramol Thongthammachart, Jumpol na Songkhla, Phan Chantrapan and Sak Techacharn.

The basis of their reasoning is that by the time the National Counter Counter Corruption Commission investigated Mr Thaksin's alleged wealth cover-up, he was no longer considered a political office holder.

Mr Montri said if that was to be the outcome, the court should not have accepted the case.

It would be acceptable if they said Mr Thaksin was not guilty because he did not deliberately conceal his assets, as four other judges who made up the majority had done.

"If they say there's not adequate information to rule him guilty, that's still okay because it reflects differing views. But citing Article 295 as a reason is totally unacceptable."Mr Montri said the court was playing Sri Thanonchai, a legendary character well-known for his cunning.

"What if Maj-Gen Sanan (Kachornprasart) got wind that the anti-graft panel was about to investigate him and had resigned before the probe was initiated?" he asked.

He said such a fuzzy verdict was possible because the court was new and its challenge was as big as a prime minister's career.

Mr Montri said the court's reasoning could make it harder for graft fighters to carry out their job.

Asset declaration laws were meant to clean up politics and combat graft, both while office holders were in office, and after they left it.

"The verdict has just created new standards which make it more difficult to look into assets and any inquiry can only be made in a limited period of time," he said.

Former members of the now-defunct Constitution Drafting Assembly would meet to discuss the effects of the verdict, he said.

Krirkkiat Pipatseritham, an NCCC member, said the commission was not embarrassed by the verdict. Only four judges had actually disagreed with the NCCC ruling that the premier intentionally hid his assets by transferring four billion baht worth of shares to his servants and relatives. The other four cited article 295.

"Only four judges disagreed with the finding, insisting that the premier had not intended to conceal his assets, while the other half came up with a legal interpretation which did not directly counter the NCCC's finding," said the former Thammasat University rector.

The four who did not think Mr Thaksin intentionally hid his assets are Preecha Chalermvanit, Anant Ketwong, Suchinda Yongsunthorn and Lt-Gen Jul Atirek.

Seven other judges including court president Prasert Nasakul ruled that the premier intended to conceal his assets.

Mr Krirkkiat said the NCCC had no cause to be embarassed since commissioners had performed their duty transparently and accountably.

He said the NCCC had adhered to the constitution and had reached its interpretation in line with it without taking outside pressure into consideration.

A source in the NCCC, who asked not to be identified, said he was not surprised with the outcome since he was fully aware of covert moves to lobby certain judges, known to have a close relationship with Thai Rak Thai advisory chairman Sanoh Thienthong.

He said it was quite improper for Sak Techacharn, who had started work as a judge on June 18, the day when the premier made his closing statement at court, to vote on the matter since he had not been directly involved in the hearing from the start.

It was reported that Mr Sanoh allegedly played a key role in lobbying senators who picked Mr Sak as a judge during a senate meeting on May 11.

Mr Sak was appointed secretary-general of the Office of Accelerated Rural Development when Mr Sanoh was interior minister in the Chavalit Yongchaiyudh administration.

Mr Sak was unavailable for comment.