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June 17, 2001

Supporters should stay calm and avoid 'untoward incidents'

Five-year ban could be backdated to '97

Wut Nontharit

Prime Minister Thaksin Shinawatra urged his supporters not to cause any problems if they show up at the Constitutional Court tomorrow.

He told a radio programme yesterday he did not want his supporters to put undue pressure on judges when he delivers his closing statement in his hidden assets case.

"I would like to thank everyone who wants to go to give me moral support. But I want all of you to be cautious against possible provocation from those who are not satisfied.

"The only thing I want is moral support. Please don't let any untoward incidents happen. I don't want the Constitutional Court judges to feel we are applying pressure on them," the prime minister said.

Mr Thaksin's supporters were expected to show up in force when he and National Counter Corruption Commission secretary-general Klanarong Chanthik appear before the court.

The Association of Primary School Teachers of Thailand also joined the pro-Thaksin campaign by gathering signatures.

Transport and Communications Minister Wan Muhamad Nor Matha said it was not wrong to show support for the prime minister but insisted pressure should not be piled on organisations who were legally-bound to perform their duties.

The New Aspiration secretary-general was confident Mr Thaksin's many supporters would not put undue pressure on the court.

Purachai Piamsomboon, interior minister and Thai Rak Thai secretary-general, said public support was a legitimate and open expression of opinion in democracy.

Government spokesman Yongyut Tiyapairat said officials were backing Mr Thaksin because they were satisfied with his work style and vision.

While moral support for Mr Thaksin continued to build up, concerns were raised about the timing of his five-year suspension from politics, if the court finds he intentionally tried to conceal his assets.

Kanin Boonsuwan, a former charter writer, said Article 295 of the constitution requires punishment to commence on the day the court reaches its verdict.

The court would base its decision on the intention of the charter, he said, not on legal or political science principles. Mr Kanin said people were interpreting the charter according to their opinion of Mr Thaksin.

Panas Tassaneeyanond, a Tak senator and former charter writer, said the charter requires Mr Thaksin's punishment to begin on the day he submitted his assets declaration form-December 4, 1997, when he relinquished his position as deputy prime minister in the Chavalit Yongchaiyudh government.

Kaewsan Atipho, a Bangkok senator, said Article 295 applied only to those who were suspected of being corrupt or dishonest, not those who fail to declare all their assets. He said Mr Thaksin should not have been probed by the anti-graft agency in the first place. Mr Kanin dismissed this and insisted the NCCC was responsible for both prevention and suppression of corruption. The requirement for a person to declare his assets within 30 days of taking or leaving a political post was for prevention.

The first paragraph of Article 295 states a person 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, is subject to be banned from political office for five years.

Mr Kanin said many people misunderstood the NCCC's role and insisted it was not just a prosecutor forwarding a case to the court for a decision. The NCCC was in fact fully authorised to investigate the case and make a ruling.

The court's job was to look into the ruling in detail and allow parties in dispute to clarify their points.

In Mr Thaksin's case, the court was duty-bound to decide whether the alleged wealth concealment was intentional or not, Mr Kanin said.

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