Court mulls timing of Thaksin's suspension

Survival prospects for PM look grim

Supawadee Susanpoolthong

The odds of surviving his hidden assets case appear stacked against Prime Minister Thaksin Shinawatra as the Constitutional Court has begun debating the timing of his suspension from politics.

The 14 judges have met to discuss Article 295 which metes out punishment against a person holding a political position who intentionally fails to submit an account showing his assets and liabilities, or intentionally submits the same with false statements or conceals facts which should be revealed.

The judges were split over when his punishment-a prohibition on assuming political office for five years-should start.

A court source said one side reckoned the punishment applied when the National Counter Corruption Commission officially declared Mr Thaksin concealed his wealth, on Dec 26 last year.

Some judges, however, felt the punishment should take effect when the court passed its verdict.

Another group argued suspension should take effect retroactively, from the day Mr Thaksin relinquished his position as deputy premier in the Chavalit Yongchaiyudh government on December 4, 1997.

The judges, however, agreed that Mr Thaksin had been accused of concealing his wealth during his term in office.

They drew a comparison with a case involving Maj-Gen Sanan Kachornprasart, the former Democrat party secretary-general, whom the court convicted of furnishing false asset statements and sentenced to five years of "political hibernation". The source said if the judges could not settle on the issue, they would have to vote on it.

Thongthong Chandarangsu, former secretary of the defunct charter drafting assembly, said the constitution was clear on when suspension should take effect: when the NCCC handed down its ruling.

The court, meanwhile, denied a rumour it had decided to acquit Mr Thaksin.

Court president Prasert Nasakul dismissed reports the court had voted 10 to 4 in favour of acquittal, saying the judges had not arrived at a conclusion.

The judges had only broadly exchanged their views about the trial, which wraps up on Monday when each side gives a closing statement. He said the rumour was generated to gauge public reaction but the court would not be distracted.

The court would not "stray from its course" and would make a straightforward decision in light of the facts presented.

The judges' discretion would be exercised in detachment of the campaigns being waged by various interest groups in support of Mr Thaksin staying on.

Mr Prasert said the campaigns would not pose any problem to the court or affect its deliberation.

Judge Suvit Thirapong said the court could not afford to be swayed by Mr Thaksin's support groups.

He promised that the verdict would not be dictated by external pressure.

Noppadol Hengcharoen, the court secretary-general, said closing statements would be delivered from 1.30 pm.

The commission, as prosecutor in the trial, and Mr Thaksin would get 20 minutes each to speak.

Mr Noppadol said opening new arguments would be out of place. Each side was expected to concentrate on issues most likely to give them an upper hand. If the NCCC wanted to continue cross-examining witnesses, Mr Thaksin would have to put in another closing statement, this time in writing, by June 21.