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August 5, 2001

Emboldened PM slams court, panel

'Unfair for a few to defy the majority'

Kosol Satithamajit and Pradit Ruangdit

Bolstered by his hidden assets acquittal the prime minister yesterday went on the offensive against independent agencies-the National Counter Corruption Commission and the Constitutional Court-suggesting the charter be amended to clip their wings.

Thaksin Shinawatra said during an informal meal with reporters that it was a mistake of Thailand's legal system to empower a few appointed people to decide the fate of an elected leader who won a majority in parliament.

Echoing calls from within Thai Rak Thai party to amend the constitution and clip the wings of independent agencies, Mr Thaksin said that Thai laws had many "wrong aspects" that should be changed, particularly the checks and balances of government.

"It's strange that the leader who was voted by 11 million people had to bow to the ruling of the NCCC and the verdict of the Constitutional Court, two organisations composed only of appointed commissioners and judges, whom people did not have a chance to choose. This is a crucial point that we missed," said Mr Thaksin.

In the United States the administrative, legislative and judicial arms could counterbalance one another.

"In the USA, only a congressional process can impeach a president. This reflects a proper counterbalancing system, which Thailand doesn't have," said Mr Thaksin.

Mr Thaksin, whom the court on Friday voted 8:7 to keep in office, said court president Prasert Nasakul announced the verdict in a strange manner because he did not begin reading names of judges alphabetically.

"Strangely, the president began reading names of court judges which start with the letter 'Or Ang' instead of the letter 'Kor Kai'. So, three names of judges whose initials are 'Or Ang', who voted against me, were announced first.

"This was an attempt to make the rest of the judges feel confused with the verdict and suggest that the number of judges who voted against me were more than those who favoured me," said Mr Thaksin.

In Thai language, "Kor Kai" is the first letter while "Or Ang" comes virtually last.

Mr Thaksin said, however, that no amendments can be undertaken immediately and that not only the points about assets declaration should be changed but other points as well.

Meanwhile, Chart Thai party leader Banharn Silpa-archa said although the 8:7 verdict was close, it did end uncertainty and spared the country problems that could have arisen if Thailand had been forced to change premier.

The former prime minister said if the constitution had to be amended, not only should articles related to asset declarations be changed but items on election methods as well.

However, another former prime minister, Anand Panyarachun, said the government must embark on public hearings before changing the charter. The government would learn about constitutional flaws from all parties.

House Speaker Uthai Pimchachon said if the government wanted to amend the charter, the law empowered it to do so next year when the constitution reached its fifth anniversary, before which changes were barred.

© Copyright The Post Publishing Public Co., Ltd. 2001
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