Corruption trial bill goes to legislators

The National Legislative Assembly (NLA) is expected to pass its first reading of an organic bill on trial procedures for criminal cases against political office-holders and corruption prevention this Friday.

Meechai Ruchupan, chairman of the Constitution Drafting Committee (CDC) which drafted the bill, said the draft is the third organic bill forwarded to the NLA for scrutiny. It is one of 10 organic laws which the CDC is required to draw up under the new charter. The assembly has 60 days to pass the bill.

According to Mr Meechai, a key element of the bill involves trials in absentia which is introduced to prevent abuse of the statute of limitations in these cases. The bill also proposes an inquisitorial system in which judges will be actively involved in hearings and can ask questions, he said.

He said legal technicalities such as the deadline for evidence submission will not affect the procedures and the outcome of a trial.

“In other courts, lawyers examine the witnesses while judges listen. Under the inquisitorial system, judges will ask the questions and allow evidence to be submitted until there is enough to rule.’’

Defending the inquisitorial system, he said it is appropriate because the cases involve the public interest and facts must be clearly established. A defendant should not walk free due to a legal technicality, he added.

Mr Meechai said existing cases which are suspended because the defendants have fled overseas can resume once the bill is enacted. The defendants can appeal against the rulings, but the petitions must be lodged in person, he said.

Mr Meechai also commented on a debate in the NLA’s committee scrutinising an organic bill on the power of Election Commission (EC). Some members are concerned the power granted to EC members under Section 224 of the charter is “too advanced”.

The section empowers any member of the EC to abolish elections and order new elections if irregularities are found, without the need to seek a joint resolution from the seven-member EC. Mr Meechai insisted the committee could not reduce the EC’s power recognised by the charter.