ABOUT Politics
Incumbent charter court judges spared the ‘set-zero’ axe for now Former Democrat MPs preparing to return to politics unsettled by ex-PDRC leader’s Facebook musings Explanation about luxury watch, ring could work in Prawit’s favour
‘Saviours’ get to stay
T he incumbent nine judges of the Constitutional Court must now be pleased that they will be spared from being immediately removed under the so-called “set-zero” principle, after an organic bill on the court’s trial procedures was passed by the National Legislative Assembly (NLA) on Nov 23.
The bill is awaiting royal endorsement from His Majesty the King before its enactment is published in the Royal Gazette.
An NLA committee vetting the bill made changes to it drawn up by the Constitution Drafting Committee (CDC) to allow four of the judges who have yet to complete their terms to hold onto their positions until their terms finish.
This means the four judges will stay in their positions for seven more years to complete their nine-year tenure under the previous 2007 constitution, while the present constitution stipulates a seven-year tenure for Constitutional Court judges, as well as for members of other independent agencies.
Somkid Lertpaitoon, chairman of the NLA committee, previously said that a decision was made to allow the four judges to stay regardless of their qualifications because when they took office they were all qualified according to the 2007 charter as opposed to the present one.
Regarding the five other judges whose terms had actually expired but are allowed to keep their posts as well under the orders of the National Council for Peace and Order chief, the organic bill allows them to stay in their jobs until new judges are sought.
The new charter also requires that a panel selecting new Constitutional Court judges must be represented by an opposition leader and other figures who are currently not included in its composition.
As such, the five judges will remain in their posts until a new parliament is in place when there will be an opposition leader to join the panel, though some expressed concern that prolonging the tenure of the five judges whose terms have expired might contravene the charter.
Political observers noted that the reason for the nine Constitutional Court judges being spared from the reset could be linked to Section 213 of the new charter which perpetuates their “saviour” roles.
Under the section, members of the public who feel their rights as guaranteed by the new charter have been violated can directly petition the Constitutional Court for a ruling, bypassing the Office of the Ombudsman or other relevant independent organisations.
CDC chairman Meechai Ruchupan explained that the CDC has set the same standards to be consistently applied to the court and other independent agencies.
Those who are allowed to retain their positions must meet new, tougher requirements under the new charter, Mr Meechai said.
However, the CDC has decided that some independent agencies such as the National Human Rights Commission (NHRC) need to be completely reset with all current members to be removed to pave the way for the selection of new members to comply with international standards, Mr Meechai said.
But it is up to a scrutiny committee vetting the bill on the NHRC to make any changes to the bill, Mr Meechai said.
And up pops Suthep again
S uthep Thaugsuban, the former leader of the now-defunct People’s Democratic Reform Committee (PDRC), has been appearing on social media often enough to maintain regular communication with his supporters.
Mostly he keeps them abreast of activities of the Muan Maha Prachachon for Reform Foundation, a reincarnation of the PDRC street movement, that he chairs after the street protests against the previous Yingluck Shinawatra government ended.
But his two latest messages on Facebook are, according to observers, rather unusual, even though they are intended to commemorate the now-defunct PDRC’s “fight” which contributed to the fall of the Yingluck administration.
The first message was posted along with a video clip on Nov 24, the date commemorating the PDRC’s mass protest at the Democracy Monument in 2013. The second was posted on Dec 9, the date former premier Yingluck Shinawatra dissolved parliament in 2013 following heavy political pressure from the PDRC street demonstrations.
Several observers believe there is more to the messages than meets the eye; some even see the dates as a highly symbolic signalling that Mr Suthep, a former deputy prime minister and a former secretary-general of the Democrat Party, is contemplating a return to politics and may form a new party to push for the “true national reforms” the group has demanded.
The speculation is said to be unsettling for several members of the now-defunct PDRC, who are former Democrat MPs preparing to return to the party to contest the hoped-for general election.
According to political sources, this group is opposed to Mr Suthep’s political comeback because they would regard it as a disservice to the group and its supporters. The former PDRC chairman promised to wash his hands of politics and should not go back on his word, according to the PDRC members.
It is believed several former Democrat MPs who joined the PDRC still want to return to politics and contest the polls under the Democrat ticket. They believe they stand a better chance of winning seats if they run under the banner of a long-established party.
Given the fact that the PDRC and the Democrats share the same political support base, if Mr Suthep forms a new party there is a chance that none of them will win enough votes to win MP seats in the next election and all will go to waste.
Some key Democrat figures are said to be unhappy with the prospect of Mr Suthep, the former Democrat secretary-general, setting up his own party to run in the next election expected towards the end of next year. They are reportedly concerned that the new political party will be used to serve the military regime and help it prolong its stay in power.
So far, Mr Suthep has not shown any interest in rejoining the Democrats, but has from time to time expressed his support for the regime and Prime Minister Prayut Chan-o-cha.
According to sources, several key ex-PDRC members feel uncomfortable with the current political situation but they prefer to keep quiet about the issue as long as it is still unclear how Mr Suthep will proceed.
While the former protest leader came out to defend Gen Prayut’s “four questions” concerning the future of the country and reforms earlier this year, he did not respond to the premier’s six further questions posed to the people recently.
Two of the six questions asked if the country needs new political parties and new politicians and whether the National Council for Peace and Order has the right to support a political party, a move that provoked criticism the government was trying to extend its grip on power.
Mr Suthep’s silence on these fresh questions has the critics speculating on his and the regime’s plans.
Caught up in a bling thing
W hat started out as an uneventful photo session for newly sworn-in cabinet ministers ended up landing Deputy Prime Minister Prawit Wongsuwon in hot water.
If Gen Prawit hadn’t lifted his right hand to shield himself from the glaring sunlight, however, he would not have found himself having to answer to the National Anti-Corruption Commission (NACC).
But the deputy premier may be about to hit the ball back into the NACC’s court before formally testifying before the anti-graft agency.
In raising his hand during the photo session, Gen Prawit unwittingly exposed a ring studded with a large diamond on his finger. In close-up the photo also revealed a wristwatch, also worn on his right hand, half-emerging from a long sleeve.
The pictures instantly unleashed a slew of queries over how big the diamond was in terms of carats and what brand of wristwatch Gen Prawit was sporting.
One thing was clear to the experts and amateurs, though. To aficionados, the watch and ring were anything but cheap. In fact, the assets looked exceedingly expensive, an impression reinforced by the popular belief that, given his stature, Gen Prawit would settle for nothing but the best.
After the pictures were circulated online, questions arose as to whether he had tried to conceal the two items as they were not included in the assets he declared to the NACC in 2014 when he assumed the dual posts of deputy premier and defence minister.
The value of the watch, said to be a luxury Richard Mille, has not been officially disclosed. But a Facebook page going by the name CSI LA that is popular for its investigative reports guessed it was an RM 002V2 model worth US$370,000 (12 million baht).
Some luxury timepiece experts also believe it could be an RM 010 model which retails for more than 3 million baht.
Gen Prawit’s diamond ring was said to be worth at least 4 million baht.
A source close to the politician said he would be submitting a written explanation on both items to the NACC this week. Gen Prawit has nonetheless remained tightlipped, merely announcing that he will explain everything to the anti-graft agency.
Observers have hailed this as a smart play by the career military man.
Once he has presented his written explanation to the NACC, reporters will approach the agency for more details. They will stop hounding him and the spotlight will be shifted to the NACC probe, observers say.
Several legal experts said that if the move to highlight his potentially undeclared assets was a gambit to try and end his political or military career, then it was mistimed.
This is because, technically, Gen Prawit does not need to explain himself to the NACC because he has no need to declare his assets at this time as he has not left the Prayut Chano-cha-led cabinet since it was formed three years ago.
Asset declaration is only mandatory when a cabinet minister has vacated their post. It must be filed within 30 days of their leaving office and again one year later.
But the experts said Gen Prawit could find himself in trouble if incontestable evidence were to arise showing he had acquired both the ring and watch in his own name before he was appointed to the cabinet, yet failed to declare them.
The two items do not appear on previous lists of assets he presented to the NACC.
They said it would come as little surprise if the items were to crop up in his next list of declared assets.
However, one unconfirmed report suggests Gen Prawit plans to tell the NACC he inherited the diamond ring from his mother and the luxury watch belonged to a businessman friend who had lent it to him.