Anti-drink lobby to rally at SET

Representatives of more than 260 anti-alcohol groups will rally outside the Stock Exchange of Thailand (SET) today to protest against the listing of Thai Beverage Plc on the stock market. ThaiBev, the country's biggest brewer and distiller, re-applied to the Securities and Exchange Commission (SEC) for listing on Wednesday, claiming the SET invited it to do so. It plans to have the listing completed by the end of this year.

ThaiBev's previous listing attempt was derailed in 2005 by protesters. ThaiBev instead listed on the Singapore Stock Exchange in May 2006 after the SEC repeatedly put off a decision to allow it to list in Thailand.

Anti-alcohol activist Kamron Chudecha said about 200 activists representing 264 anti-liquor organisations would rally outside the SET on Ratchadaphisek road about 10am today and at the Finance Ministry on Wednesday.

The activists plan to submit a letter urging the management of the SET to consider the economic and social losses that would result from the listing of the giant brewer and distiller, maker of Beer Chang.

Mr Kamron said the activists would fight to the end to oppose the listing of ThaiBev.

Phra Phayom Kalayano, the abbot of Wat Suan Kaew in Nonthaburi province who is leading the protests, said the share listing would encourage consumption of the company's liquor products and harm society.

''I have repeated my request but there is still a plan to list the company on the stock exchange. I would like them to think whether this is tantamount to harming people and causing tragedy to Thai people,'' he said.

Phra Phayom suspected the company had influenced Public Health Minister Chalerm Yubamrung's decision to back off on his support for a ban on alcohol consumption during the New Year break.

The abbot also criticised consumers for supporting the liquor industry through excessive drinking. He said the profits were huge.

The income from the sale of alcohol in one year is equal to the income from fruit juice sales for 10 years, with alcohol sales being as big as fuel sales, Phra Phayom said.

Surichai Wankaew, director of the Social Research Institute of Chulalongkorn University, said the listing would promote liquor consumption which could get out of hand.

He urged the SET to consider if it should support the listing of a business which would affect young people.

The company should follow the global trend of corporate social responsibility toward consumers and for the negative impact of its products.

''The company must not be too hungry for profits and target groups without considering the impact of its products,'' Mr Surichai said.

ThaiBev plans to float 80 million shares in its public offering on the SET. The offering will represent 0.3% of the total shares in the company.

Once listed, the company would be among the top 10 listed on the SET in terms of market capitalisation

source bangkok post

PAD won't block entry to parliament: Chamlong

People’s Alliance for Democracy (PAD) leader Chamlong Srimuang affirmed that the anti-government group will not deny access to the parliament on Tuesday in an attempt to obstruct the government from amending Article 291 of the 2007 Constitution.

Regarding the idea to hold a meeting with different sides to end violence, Maj-Gen Chamlong insisted the PAD supporters had never resorted to violent means, and its activities have been under the constitution. However, he said the group is ready to hold talks with all sides

He said the PAD agrees with the army’s announcement that it will take action against people who made statements against the royal institution.

In the case of certain senators who have allegedly received money to approve the charter drafting assembly’s establishment, Maj-Gen Chamlong said this shows that the government is still from an old political system that lacks righteousness, and there is a need for new politics as the PAD has proposed to members of the public.

Touching on the planned gathering of the pro-government United Front of Democracy Against Dictatorship (UDD) at Rajamangala National Stadium on November 1, he said it was not easy to mobilise ten of thousands of people to the gathering as even transportation and food alone are not easy tasks.

The PAD would pay close attention if the UDD moves their supporters to confront its supporters at Government House, he added.

source bangkok post

Thaksin found guilty of corruption

Supreme Court's Criminal Division for Holders of Political Positions Tuesday found ex-premier Thaksin Shinawatra guilty in Ratchadaphisek land deal case and sentenced him to 2 years in jail. His wife Khunying Potjaman was cleared of all charges.

The court ruled 5:4 that Mr Thaksin was guilty of conflict of interest while he was a prime minister by facilitating his wife's land purchase of 33-rai of land on Thiam Ruam Mit road from the Bank of Thailand's Financie Development Fund (FIDF) at a discounted price five years ago.

"Thaksin had violated the article of the constitution on conflict of interest, as he was then prime minister and head of government who was supposed to work for the benefit of the public," one judge said, reading the verdict. "He is sentenced to two years in jail."

The jail term was given without suspension. But because Mr Thaksin is currently living in exile in London, an arrest warrant was also issued for him.

The court ruled 7:2 to clear Khunying Potjaman of all charges, citing that she was not a state official.

Right after the verdict was handed down, Mr Thaksin gave a telephone interview to Reuters, saying that he had expected the jail term.

"I have been informed of the result. I had long anticipated that it would turn out this way," he was quoted as saying, adding that the case was politically motivated.

Meanwhile, People's Alliance for Democracy (PAD) supporters, who have occupied the compound of the Government House since late August, cheered loudly to welcome the verdict. Together, they screamed "Thaksin in jail" for several minutes.

Thaksin guilty in land deal case

Supreme Court's Criminal Division for Holders of Political Positions Tuesday found ex-premier Thaksin Shinawatra guilty in Ratchadaphisek land deal case and sentenced him to 2 years in jail. His wife Khunying Potjaman was cleared of all charges.

The court ruled 5:4 that Mr Thaksin was guilty of conflict of interest while he was a prime minister by facilitating his wife's land purchase of 33-rai of land on Thiam Ruam Mit road from the Bank of Thailand's Financie Development Fund (FIDF) at a discounted price five years ago.

"Thaksin had violated the article of the constitution on conflict of interest, as he was then prime minister and head of government who was supposed to work for the benefit of the public," one judge said, reading the verdict. "He is sentenced to two years in jail."

The jail term was given without suspension. But because Mr Thaksin is currently living in exile in London, an arrest warrant was also issued for him.

The court ruled 7:2 to clear Khunying Potjaman of all charges, citing that she was not a state official.

source bangkok post

V-day for Thaksin

The Supreme Court's Criminal Division for Holders of Political Positions is to hand down its verdict in the Ratchadaphisek land purchase case against Thaksin Shinawatra and his wife Khunying Potjaman at 2pm on Tuesday (0700GMT).

Mr Thaksin is charged with abusing his authority while prime minister to facilitate his wife's purchase of 33-rai of land on Thiam Ruam Mit road in Ratchadaphisek area from the Bank of Thailand's Financial Institutions Development Fund (FIDF) at a sweet price of 772 million baht five years ago.

The reading of the verdict is scheduled to start at 2pm.

If the couple do not show up and the court finds them guilty it will issue warrants for their arrest.

Article 278 of the constitution says that in the event the couple can produce new witnesses or new evidence which might substantially alter the facts of the case, they have the right to file an appeal to a general meeting of the Supreme Court within 30 days of the reading of the verdict.

If an appeal is filed, a general meeting of the Supreme Court will convene to choose a panel of five judges to make an initial inquiry to see whether there are new witnesses and new evidence, as might be claimed by the defendants.

The panel will then present its findings and recommendation to the Supreme Court's general meeting.

In the event the appeal is accepted, the five-judge panel will be instructed to continue the investigation of the appeal and then submit their findings to a general meeting for a decision.

If the general meeting of the Supreme Court then upholds the prosecution's case against Mr Thaksin and Khunying Potjaman, a process to seek their extradition will be launched.

Application will be made for the couple to be returned from Britain where they have sought asylum.

Abhisit Vejjajiva, leader of the opposition Democrat party, was concerned that whichever way the verdict goes, tensions between anti- and progovernment camps are unlikely to ease.

The conflict could intensify if the government tries to provide backing for its supporters to confront its opponents, Mr Abhisit said.

Pibhop Dhongchai, a core leader of the People's Alliance for Democracy (PAD), said the alliance will stay put at the Government House compound and will not go to hear the verdict at the court today, to avoid any confrontation with pro-government groups.

Government spokesman Nattawut Saikua, who is a staunch supporter of the deposed prime minister, said today's court verdict would neither impact the pro-Thaksin movement nor change the political situation.

Mr Thaksin's supporters would continue to support him no matter what the judges rule.

This court case is only another political manoeuvre aimed at destroying Mr Thaksin, said the co-founder of the United Front of Democracy against Dictatorship (UDD).

The government spokesman said the verdict would not cause any change to the current political situation because Mr Thaksin no longer had a role in Thai politics, as was the case previously.

"The ongoing political conflict is not a confrontation between the pro- and anti-Thaksin camps, it's a fight between democracy and anarchy," he said.

Even if Mr Thaksin is convicted, the conflict will undoubtedly continue, said Mr Nattawut.

The court has told those planning to attend the reading of the verdict to comply with the law to keep peace and order on and outside the court premises.

source bangkok post

Constitution plan

Senior members of parliament have agreed to set up a 120-member assembly to redraft the constitution, but the senate speaker and the opposition Democrats boycotted the meeting.

There were immediate questions about the legitimacy of the decision at the Monday meeting. Senate Speaker Prasobsuk Boondej and the opposition Democrat party snubbed the meeting, called by Prime Minister Somchai Wongsawat.

The rush to rewrite the charter follows Mr Somchai's rejection of army chief Gen Anupong Paojinda's demand that he accept responsibility for the violence on Oct 7 and resign.

Mr Somchai insisted he would stay on and that changing the charter was the solution to the political crisis.

Mr Prasobsuk left before the meeting began, but denied he was doing so to please a group of 40 senators who demanded a boycott.

He said he feared the assembly could lead to violence.

Deputy Senate Speaker Nikhom Waiyaratphanit took over as senate representative in his absence, but Mr Prasobsuk said he had not assigned him or any other senators to represent the upper house at the meeting.

Democrat chief whip Sathit Wongnongtoey said the assembly would create more problems, push the country into a dead end and force the military to stage a coup.

A House dissolution was the way to put all the conflicts to rest, he said.

Rosana Tositrakul, one of the 40 senators opposing the assembly, said rewriting the charter was not a cure, and termed yesterday's decision a "parliamentary coup".

Thammasat University law lecturer Prinya Tevanaruemitrkul called for a halt to constitutional amendment.

But Anusorn Tamajai, dean of economics at Rangsit University, said while a new drafting assembly may not be the solution, it was better than nothing.

After two hours of talks, the Somchai meeting agreed to form an assembly tasked with rewriting the charter.

Under the proposal, it would comprise 76 members representing each of the provinces, 24 experts in law, political science and public administration, and 20 elected representatives of professional groups.

PM's Office Minister Sukhumpong Ngonkam said the rewrite would take no more than 240 days and the result would be submitted for parliament's approval.

If approved, the draft would be proposed for endorsement by His Majesty the King. If not, a referendum would be held.

Ruam Jai Thai Chart Pattana MP Prasert Boonchaisuk (Nakhon Ratchasima) said the meeting wanted to give one seat in the assembly to a representative from the anti-government People's Alliance for Democracy.

But PAD co-leader Pibhop Dhongchai branded the amendment process self-serving, including the attempts to rewrite Article 237.

The article provides for the dissolution of a party if a leader or executive member engages in electoral fraud. This is the basis for the dissolution cases against the People Power, Chart Thai and Matchimathipataya parties.

A lavish Brahman ceremony was held to seek a blessing from the King Rama VII statue inside the parliament compound before yesterday's meeting.

The prime minister, House Speaker Chai Chidchob and Mr Prasobsuk led the ceremony and ate the same boiled egg and drank coconut juice, presented as the offerings.

Then, the trio walked hand in hand to the meeting room. Mr Prasobsuk left shortly after
source bangkok post

Farcical opinion

As its name implies, the National Counter Corruption Commission (NCCC) is supposed to be the bulwark in the fight against the scourge of corruption in the bureaucracy. And we have been led to believe that this supposedly independent organisation is among a handful that is free from political interference and can still be trusted. Pitifully though, this myth has been shattered by its ruling last Thursday pertaining to a land auction case dating back to 1998.

The graft watchdog has faulted Prime Minister Somchai Wongsawat, then justice permanent secretary, for carelessness in failing to take action against Pramarn Tiyapaiboonsin and Manit Suthaporn, then director-general and deputy director-general respectively of the Legal Execution Department.

The two were accused of returning a 70 million baht deposit posted by a bidder in an auction to the landowner without demanding 45 million baht in land tax for the land deal from the landowner, which was construed as causing damage to the state.

A fact-finding committee led by a vice-president of the Supreme Court ruled the Legal Execution Department was guilty of negligence and recommended that the justice permanent secretary follow up the case. Instead, the case was shelved, prompting the judge who initiated the case, Chamnan Raveewanpong, to bring the matter to the attention of the NCCC two years later.

But it was not until two years ago during the government of Prime Minister Surayud Chulanont that the NCCC found Mr Manit guilty of malfeasance in office and suggested that he be sacked. Mr Pramarn was eventually faulted for a disciplinary violation, also by the NCCC.

Given that the case had grounds, as substantiated by the Supreme Court vice-president's investigating panel's findings and recommendation for Mr Somchai to follow up, the NCCC's ruling which faulted the then justice permanent secretary for carelessness is a big letdown and a big farce. How can someone who is fully aware of something fishy going on choose to sit on it? This is careless. It completely defies logic. Instead, such misconduct should be regarded as an intentional cover-up.

Had the NCCC ruled on the case in a straightforward manner, the consequences would have been much different. Perhaps there would have been no need for the top brass to come out and make a direct suggestion on television for Prime Minister Somchai to stand down to show responsibility for the October 7 violent crackdown on supporters of the People's Alliance for Democracy (PAD).

Nevertheless, the NCCC will have to live with the shame of this farcical ruling.

Like the mythical Pandora's box which is filled with all the evils of the world, this scandalous land case has implicated several more players. If you dig deeper, more skeletons will emerge, and that will not do any good to the judiciary. Yet the case should serve as a valuable lesson to the current judicial commission which can reflect on the shortcomings of the previous commission regarding corruption in order to see that it is never repeated.

Apparently, the judicial commission at the time was also at fault for its failure in not proceeding with disciplinary action against Mr Manit and Mr Pramarn despite an initial probe which accused the two officials of negligence in the performance of their duty in connection with the land deal. The judicial commission's failure was clearly in defiance of the Judicial Officials Act B.E. 2543 which makes it compulsory for a probe to be conducted in instances of suspected disciplinary breaches by judicial officials and a disciplinary investigation held in case there is a gross disciplinary violation.

Last, but not least, my sincere commendation to that rare breed of judge, Mr Chamnan, for without his unusual sense of social responsibility, his courage to the extent of foolhardiness and unwavering resolve to set things right as well as the full support of his family and friends the "evils in the Pandora's box" in the judiciary would have never been exposed.

source bangkok post