george Posted September 9, 2008 Share Posted September 9, 2008 Convicted Samak disqualified Samak Sundaravej must resign BANGKOK: -- 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 Nation 2008-09-09 SAMAK FOUND GUILTY 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. Key developments: 4 pm: The judges have taken turn in reading the plaintiffs' and defence arguments. So far it sounds a simple legal battle. Samak's accusers said he was "employed" by a studio to host the TV cooking show, whereas Samak's defence insisted he was urged to help with the programme and by no means was its "employee". The court's verdict, surely , will have to touch upon definitions of "employ" , "employer" and "employee" and interpret payments made to Samak. 3.40 pm: The Constitution Court has begun reading the verdict now. A long period of time is expected to be spent on reading the case's backgrounds. Cameramen will be given five minutes and will be then asked to leave the courtroom, which is totally packed. Samak is represented in the courtroom by his lawyer Thana Benjathikul. 3.15 pm: Where is Samak? Nobody knows. He was said to have boarded his flight back from Udon Thani after the mobile Cabinet meeting but as of now no-one can confirm where he has landed. Samak's close aides who answered reporters' phone calls would only say the prime minister is now in Bangkok. However, he is not expected to appear at the Constitution Court. 2.30 pm: It has been announced that the court is postponing reading the verdict to 3.30 pm. 2.15 pm: Some food for thought in the meantime: If Samak decides to bite the bullet and defy the Constitution Court, it doesn't mean he can get away with it just like that. Firstly, a caretaker prime minister and caretaker Cabinet will find it totally difficult to go on. Seconly, Samak has another court case coming _ the appeal against a defamation conviction. If the Appeals Court upholds the lower court, he will be all but doomed because a chance to overturn it at the Supreme Court is very low. We have been reminded that there is also a fourth scenario _ Samak being re-elected by Parliament because the charter seemingly doesn't prevent that if he loses today's case. Again, he will face the Appeals Court timebomb in the defamation case nonetheless. 2 pm: The court seems to be delaying its verdict. We are not sure by how long. 1.50 pm: One weird theory has emerged. What if Samak continues serving as a caretaker prime minister nonchalantly? Some legal experts _ who are pro-PPP of course _ point out that the 30-day timeframe to elect a prime minister is applied for the first parliamentary convention (after an election) only. So, basically there are three scenarios at the moment in the event of a guitly verdict _ Samak serving as caretaker PM, Chat Thai leader Banharn Silapa-archa replacing him, and Democrat leader Abhisit Vejjajiva performing a political daylight robbery by stealing enough parliamentary support for his rise to premiership. 12.55 pm: Samak departs the Udon Thani Airport after telling his mobile Cabinet not to worry about him. Things are tense in Bangkok, with virtually everyone awaiting the court verdict and speculating what will happen next. 10.15 am : Chart Thai deputy leader Somsak Prissanananthakul says Party leader Banharn Silapa-archa might emerge as the next prime minister if incumbent Samak Sundaravej was disqualified by the Constitution Court this afternoon. Should Samak be removed from office by the judicial review, the Chart Thai Party would convene an urgent meeting to assess the situation which might lead to the nomination of Banharn, Somsak says. 10 am : Constitution Court judge Charan Pakdeethanakul says that the verdict on the prime minister's qualifications was ready for release this afternoon as scheduled. 8.30 am : Samak and his cabinet members start their weekly cabinet meeting in Prachak Silapakhom army camp. 6 am : Prime Minister Samak Sundaravej visits a fresh market in Udon Thani province before chairing a mobile cabinet meeting in Muang district. He appears in good mood while shopping in a fresh market. The prime minister has his breakfast at a pork soup shop at 6 am and visits the Udon Thani Municipality Market. He is smiling while shopping. He smiles back at a reporter without saying anything when asked whether he would accept the ruling of the Constitution Court in a disqualification case against him in the afternoon. -- The Nation 2008-09-09 Link to comment Share on other sites More sharing options...
Maverell Posted September 9, 2008 Share Posted September 9, 2008 So what next ? resignation, reinstatement, coup, cycle continues... Link to comment Share on other sites More sharing options...
onethailand Posted September 9, 2008 Share Posted September 9, 2008 I think this should be titled: TV cooking show host forced by court to quit moonlighting as Prime Minister Link to comment Share on other sites More sharing options...
surface Posted September 9, 2008 Share Posted September 9, 2008 If he resigns could he not just be voted back in by parliament? Perhaps this was all done to prevent a coup. Link to comment Share on other sites More sharing options...
sunsamourai Posted September 9, 2008 Share Posted September 9, 2008 Dont know excatly where this leads, but in the meantime these thais are teaching farang courts how to deal with the law ! When is the last time a PM has been convicted of anything in farangland ?!? ++ ^^ Link to comment Share on other sites More sharing options...
mataleo Posted September 9, 2008 Share Posted September 9, 2008 he is just gone now!!! Link to comment Share on other sites More sharing options...
soundman Posted September 9, 2008 Share Posted September 9, 2008 What happens if he refuses to resign and / or is he supposed to resign immediately? Link to comment Share on other sites More sharing options...
onethailand Posted September 9, 2008 Share Posted September 9, 2008 According to the Nation, the entire Cabinet is dissolved - but everyone except Samak will now serve as caretaker ministers. Link to comment Share on other sites More sharing options...
george Posted September 9, 2008 Author Share Posted September 9, 2008 Thai court rules Prime Minister violated charter with cooking show BANGKOK: -- Thailand's Constitution Court ruled on Tuesday that Prime Minister Samak Sundaravej must step down after he violated the country's supreme law by accepting payments for hosting TV cooking programmes while in office. -- MCOT 2008-09-09 Link to comment Share on other sites More sharing options...
plachon Posted September 9, 2008 Share Posted September 9, 2008 If he resigns could he not just be voted back in by parliament? Perhaps this was all done to prevent a coup. They could try, but it will just feed fuel to the flames of the PAD revolution. TRT/PPP are heading down the shute crony by crony and at this rate will all be joining each other in disgrace/exile/jail where they belong. I'm gaining more faith in the Thai judicial system with each passing day. THere's hope yet! Link to comment Share on other sites More sharing options...
benz123 Posted September 9, 2008 Share Posted September 9, 2008 he is just gone now!!! just lost face HA HA HA Link to comment Share on other sites More sharing options...
george Posted September 9, 2008 Author Share Posted September 9, 2008 SAMAK DISQUALIFIED BANGKOK: -- PM loses his post and his cabinet will function as a caretaker cabinet after the Constitution Court disqualified PM after finding him violating the charter. -- The Nation 2008-09-09 Link to comment Share on other sites More sharing options...
lazeeboy Posted September 9, 2008 Share Posted September 9, 2008 that'll teach him to cook the books Link to comment Share on other sites More sharing options...
blam Posted September 9, 2008 Share Posted September 9, 2008 I agree with the Nation article today, Banharn Silapa-archa will deftly slip into the slot. Samak should be history. Decent TV cook, bad politico. Sawatdii krup Khun Samak. Link to comment Share on other sites More sharing options...
midas Posted September 9, 2008 Share Posted September 9, 2008 Talk about embarrassing for Thailand! On the 4 pm BBC World bulletin everyone including the Southeast Asia correspondent as well as Jonathan Head in Bangkok were shaking their heads in disbelief that the prime minister of a country has been brought down by a cooking show !! They even used the word " bizzare " to describe such a situation. They admitted that they've even given up speculating how this will work out eventually but he was concerning that Jonathan Head commented there is a risk this will not resolved peacefully this time..................................... It really does look dreadful that a country that has attracted so much foreign investment in the past appears to be in such a muddle ! This is a fun place to live but it just reinforces my belief that it's too risky to invest one satang in this Disneyland ! Link to comment Share on other sites More sharing options...
99BigLad99 Posted September 9, 2008 Share Posted September 9, 2008 Just wonder how the Bhat will respond to this one now ?? Link to comment Share on other sites More sharing options...
Mosha Posted September 9, 2008 Share Posted September 9, 2008 that'll teach him to cook the books Link to comment Share on other sites More sharing options...
samtam Posted September 9, 2008 Share Posted September 9, 2008 ....and what's the story on Banharn? Same, same, but different? Link to comment Share on other sites More sharing options...
bobzillauk Posted September 9, 2008 Share Posted September 9, 2008 Its time to go to sesame street, where the strings are being pulled by muppets. This wouldn't happen in any other country, like i said its bangkok rich versus bangkok poor. Whichever gets in the poor will suffer. That's why you need a PM from the cookie monsters closet. Link to comment Share on other sites More sharing options...
lazeeboy Posted September 9, 2008 Share Posted September 9, 2008 bbc world has it as breaking news ,continually on the bottom of the screen Link to comment Share on other sites More sharing options...
george Posted September 9, 2008 Author Share Posted September 9, 2008 PM Samak forced to step down BANGKOK: -- Prime Minister Samak Sundaravej has lost his post and his cabinet will function as a caretaker cabinet following this afternoon’s Constitution Court verdict that the PM is guilty of violating the nation‘s charter. Six judges considered Samak to be the “employee” while three others considered him a “business partner” of a TV 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 interest. The judges pointed out that Samak’s defense, using definitions of “employ”, “employer” and “employee” from different laws, was not enough to determine whether the will of the Constitution had been violated. -- The Nation 2008-09-09 Link to comment Share on other sites More sharing options...
george Posted September 9, 2008 Author Share Posted September 9, 2008 Why was Samak disqualified? BANGKOK: -- 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 contrued as income earnings. And he got involved with the show which is a business transaction designed to seek profits. -- The Nation 2008-09-09 Link to comment Share on other sites More sharing options...
K2K Posted September 9, 2008 Share Posted September 9, 2008 Just wonder how the Bhat will respond to this one now ?? Unchanged @ 34.54 - Bloomberg analyst reckons its a THB +ve (uncertainty over). Link to comment Share on other sites More sharing options...
onethailand Posted September 9, 2008 Share Posted September 9, 2008 Both BBC and CNN are reporting the news as the top story. http://edition.cnn.com/2008/WORLD/asiapcf/...d.pm/index.html http://news.bbc.co.uk/2/hi/asia-pacific/7605838.stm Link to comment Share on other sites More sharing options...
soundman Posted September 9, 2008 Share Posted September 9, 2008 Just wonder how the Bhat will respond to this one now ?? Unchanged @ 34.54 - Bloomberg analyst reckons its a THB +ve (uncertainty over). And the SET will probably open very strong tomorrow morning. Link to comment Share on other sites More sharing options...
davejonesbkk Posted September 9, 2008 Share Posted September 9, 2008 Haha, get yr coat, thanks for coming! Link to comment Share on other sites More sharing options...
onethailand Posted September 9, 2008 Share Posted September 9, 2008 Another strange coincidence - after pissing down rain since about 2 pm in Bangkok, about the time the verdict was originally supposed to be read... it's just stopped shortly after the verdict was finally delivered. I think if the PPP try to elect Samak again, there is going to be hel_l to pay. Link to comment Share on other sites More sharing options...
davee58 Posted September 9, 2008 Share Posted September 9, 2008 Amazing Thailand. What about the PM's favorite recipe - Pigs leg in Coca Cola with Samak's fried rice. http://www.guardian.co.uk/world/2008/feb/01/2 No Kiddin. Dave.. Link to comment Share on other sites More sharing options...
JetsetBkk Posted September 9, 2008 Share Posted September 9, 2008 Talk about embarrassing for Thailand! On the 4 pm BBC World bulletin everyone including theSoutheast Asia correspondent as well as Jonathan Head in Bangkok were shaking their heads in disbelief that the prime minister of a country has been brought down by a cooking show !! They even used the word " bizzare " to describe such a situation.... I saw that too. What a joke, a farce. The weatherman cracked a joke about it too - something about 'cooking something up'. Sad for Thailand. Fun for the rest of the world. Still, if you absolutely MUST get rid of the PM, the end justifies the means, eh? Link to comment Share on other sites More sharing options...
Maipenrai007 Posted September 9, 2008 Share Posted September 9, 2008 (edited) I am just want to let every one know that he will step down, I have just employed him as my private Chef, he is in my kitchen cooking, picture below proves it!!! Oh and I m paying him 80,000bht per meal!! Edited September 9, 2008 by george Link to comment Share on other sites More sharing options...
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