Gaybutton Posted September 9, 2008 Posted September 9, 2008 From what I have read, even if he resigns the Thai parliament can restore him to office if they so choose. The story just broke less than ten minutes prior to this post, so it will be a little while before many details come out, but here's what's being reported so far in THE NATION: _____ SAMAK FOUND GUILTY By The Nation online 4.30 pm: Urgent: The Court Finds Samak Guilty Six judges considered Samak to be the "employee" while three others considered Samak a business partner of the studio, a constitutional offence in both cases. The court said evidence presented by Samak that he was only given transport fees for hosting the show "contradicted" payment evidence by the studio, Face Media. The court went strong on the principles laid down by the Constitution against conflicts of interests. The judges pointed out that using definitions of "employ", "employer" and "employee" from different laws are not enough to tell whether the will of the Constitution has been violated. ____________________ And this, also from THE NATION: _____ Convicted Samak Disqualified The Constitution Court Tuesday convicted Prime Minister Samak Sundaravej of having violated the charter by hosting commercial TV shows while in office. The court voted unanimously to give a guilty verdict against Samak and disqualified him as the prime minister. The court reasoned that the Constitution was aimed to prevent conflicts of interest on part of Cabinet members so Samak had violated in the intention of the charter although he host the programmes on part-time basis. The entire Cabinet also lost its status but other Cabinet members became caretaker ministers until new Cabinet is found, the court ruled. The Nation ____________________ And this, also from THE NATION: _____ Why Was Samak Disqualified? By The Nation The Constitution Court on Tuesday reached an unanimous decision of 9-0 to disqualify Prime Minister Samak Sundaravej on grounds for conflict of interest relating to his involvement in two cooking shows. The high court ruled that Samak lost his job by an individual offence, hence although his Cabinet would face a mandatory removal, it could act as the caretaker administration pending the formation of a new government. Of the nine presiding judges, six said Samak's involvement as honourary show host has constituted a status as an employee of programme producer, Face Media Co. Three said his involvement could be interpreted as a business partner. The nine judges cited the intent of Article 267 of the 2007 Constitution for preempting Cabinet members, including the prime minister, from committing a conflict of interest. Under the provision, the legal definition of being employed or the status of employee is broader than that specified in the Civil Code and relevant labour laws. Evidence showed that Samak continued to host the two shows after he assumed office in February. Furthermore he received allowances, such as petrol expenses which could be construed as income earnings. And he got involved with the show which is a business transaction designed to seek profits. Quote
Gaybutton Posted September 9, 2008 Author Posted September 9, 2008 Apparently, the Thai Supreme Court's decision will do little to ease the tension. According to the latest publicity, plans are already in the works to elect Samak right back into office, almost immediately. There has been much speculation that Chart Thai Party leader Banharn Silapa-archa would be Samak's replacement if he either declines to accept a re-nomination or for some reason cannot be voted back into power, however Banharn is saying he has no intention of becoming Prime Minister, despite all the talk to the contrary. So far there has been no official reaction from the leadership of the PAD, the party in opposition to Samak The following appears in THE NATION: _____ PPP and Coalition Parties to Vote Samak Back By The Nation People's Power Party agreed on Tuesday to vote for Samak Sundaravej to become prime minister again, PPP's spokesman Kudeb saikrachang. The Constitution Court on Tuesday has disqualified Samak from the premiership after he is found violating the charter by hosting two cooking shows. Kudeb said the party believed Samak was already punished by the disqualification and his wrongdoings did not involve with the administrating the country. "Therefore we believe that Khun Samak should be voted as prime minister again," he claimed. Other coalition parties also voiced agreement to the idea, he said. Quote
Gaybutton Posted September 9, 2008 Author Posted September 9, 2008 Thai Constitution Court Strips PM, Entire Cabinet from office BANGKOK, Sept 9 (TNA) -- Thailand's Constitution Court on Tuesday ruled that Prime Minister Samak Sundaravej was found in violation of the Constitution due to his having hosted cooking shows on commercial television stations and that he must leave office together with his entire cabinet, becoming the first Thai prime minister to be thrown out by the court. All nine judges of the Constitution Court voted unanimously that Mr. Samak, who took office on February 6 this year, was guilty because he had violated Article 267 of the Constitution, written by coupmaker-appointed legal and constitutional experts. Article 267 stipulates that a prime minister is prohibited from holding any position in a partnership, firm or an organisation carrying out business with the intention to share profits or income, or being an employee. Mr. Samak resigned from the two talk-and-cook show programmes shortly after he was appointed prime minister. The court also ruled that Mr. Samak's cabinet could remain as a caretaker administration for 30 days until parliament elects a new prime minister. However, Mr. Samak is not barred from being reelected prime minister, and his ruling People Power Party, as well as its coalition partners, have already voiced their support for him to run the country which continues to face political turbulence as anti-government protesters loyal to People's Alliance for Democracy (PAD) who took control of Government House August 26 and have demanded that the government resign without condition. Shortly after Thailand's Constitution Cout justices announced their unanimously 9-0 'guilty' ruling, all sitting members of parliament of the ruling People Power Party (PPP) agreed unanimously to nominate Mr. Samak to the premiership in the upcoming session of parliament, according to Kuthep Saikrachang, party spokesman. Meanwhile, some anti-government demonstrators besieging Government House since August 26 to force the premier to resign, roared with cheer as they heard the court verdict, but the protesters said they would not call off their marathon protests which began May 25, saying they feared Mr. Samak would come back to run the country. The embattled prime minister did not attend the court ruling as he chaired a cabinet weekly meeting in the northeastern province of Udon Thani. (TNA) Quote
Guest Posted September 10, 2008 Posted September 10, 2008 This was the cover of the Nation online today! Gloom, doom. Quote
Gaybutton Posted September 10, 2008 Author Posted September 10, 2008 There are good videos in English on the CNN web site: http://edition.cnn.com/2008/WORLD/asiapcf/...tml#cnnSTCVideo Quote
Gaybutton Posted September 10, 2008 Author Posted September 10, 2008 Another bizarre turn of events is that Samak started his day yesterday in Udon Thani. He was supposed to return to Bangkok, so he said, to hear the verdict. The latest news reports say that not only did he not appear in court, but he also did not return home. His servants were interviewed and say they don't have any idea where he is. Nobody seems to know where he is. Why am I thinking of Jimmy Hoffa? Quote
Guest luvthai Posted September 10, 2008 Posted September 10, 2008 It would seem that being scheduled to speak at the UN is a bad omen for the PM's. Quote
Guest GaySacGuy Posted September 10, 2008 Posted September 10, 2008 Well, Udon Thani is a very short drive to Laos..and out of Thailand?? Maybe he has left building??? Quote
