Barkar Nash (Page 1,123)

Defendant was 16 when offence took place at 2020 protest

A teenager has been sentenced to 12 months in prison for royal defamation, according to Thai Lawyers for Human Rights (TLHR).

The offence took place at a pro-democracy protest in 2020. The Bangkok Post has opted not to report the precise nature of the offence. The name of the 19-year-old was withheld by the court.

“The king is of a sacred status that should not be violated,” the court said in its judgement, according to TLHR.

The defendant, identified by TLHR as “Napasit”, was initially sentenced to three years in jail, “but as the defendant committed the crime when he was a minor aged 16, it was reduced by half to one year and six months. … And due to useful testimony the defendant gave, the sentence was reduced to 12 months”, the group said.

According to data from TLHR to June 30 this year, 1,916 people have been prosecuted for political participation and expression since the beginning of the Free Youth protests in July 2020. At least 252 are facing lese-majeste charges under Section 112 of the Criminal Code and 130 have been charged with sedition under Section 116.

Former charter drafter Borwornsak Uwanno says Constitutional Court should be asked to rule

Former charter drafting chairman Borwornsak Uwanno says parliament’s resolution on Wednesday to reject the renomination of Move Forward Party leader Pita Limjaroenrat for prime minister was unconstitutional.

The legal expert said he hoped that someone would petition the Constitutional Court to issue a timely ruling

“Invoking a parliamentary session regulation has crippled the constitution despite the fact that the charter specifically stipulates the prime ministerial election. It’s a pity for Thailand,” he wrote on his Facebook page on Thursday.

Mr Borwornsak, former chairman of the now-defunct Constitution Drafting Committee, said he was disappointed with MPs who voted against Mr Pita’s renomination.

“Although you are in the opposition, you should be aware of when to do away with being in the opposition to do the right thing,” he wrote.

He noted that parliament’s interpretation was not final. Any person who thought his or her right was affected could petition the Ombudsman that the parliamentary resolution, which was a legislative action, went against Section 213 of the constitution. Unless the Ombudsman submitted the petition to the Constitutional Court for a ruling, the affected person could directly petition the court.

“I will wait and see if parliament’s action violated the constitution,” the professor of constitutional law wrote.

“I will see how the Constitutional Court will rule on this. I have been teaching constitutional law for 30 years. Now I have to reconsider whether I will continue teaching.”

His post was widely viewed online with 8,100 shares as of 4pm on Thursday.

Mr Borwornsak’s comments came after the joint House and Senate sitting voted on Wednesday to reject the nomination of Mr Pita on the grounds that parliamentary session regulation No.41 prohibited the resubmission of a failed motion during the same parliamentary session. 

Parliament president Wan Muhamad Noor Matha made the announcement after 715 parliamentarians voted electronically about 5.10pm. A total of 394 parliamentarians, most of them unelected senators, voted against Mr Pita’s renomination, 312 voted to support it, eight abstained and one did not exercise the right to vote.

On Tuesday, Mr Pita admitted he was worried that any attempts to use parliamentary procedure to block him from being nominated a second time would affect the entire system because it would be politically binding and that may affect other parties. From now on, every prime ministerial candidate would have only one shot at securing a majority vote.

The Move Forward Party said on Thursday that it believed it had a legal case to renominate Mr Pita for the next vote on July 27.

PM candidate says party hopes to put together a coalition that senators will support

The Pheu Thai Party will firmly oppose any change to the lese-majeste law if it leads a government, says prime ministerial candidate Srettha Thavisin, adding that the shape of a Pheu Thai-led coalition has not been finalised.

If Pheu Thai nominates its prime ministerial candidate in the next joint sitting of the House and Senate on July 27, it will exclude the possibility of amending or revoking Section 112 of the Criminal Code, Mr Srettha said on Thursday.

“Otherwise it will not receive support from political parties and senators. … If we take the lead, this matter must stop,” he said.

Mr Srettha is believed to be the most likely nominee for prime minister after Pita Limjaroenrat, leader of the election-winning Move Forward Party, failed to win a majority vote from the House and Senate on July 13. Opponents spoke out against Move Forward’s determination to change the lese-majeste law during the debate preceding the vote.

Mr Pita’s second attempt to win the job on Wednesday was aborted after lawmakers decided that parliamentary regulations prohibit a nomination from being repeated. This sets a precedent for future attempts by Mr Srettha or others.

The constitution allows the 249 unelected senators to jointly vote for a prime ministerial candidate together with 500 elected representatives.

Many senators have made it clear that they will not support a candidate from any coalition that includes Move Forward unless the latter takes Section 112 off the table.

However, Mr Srettha said he believes that if issues are discussed positively, senators should give firm support to a Pheu Thai-led administration.

Asked if that coalition would still include Move Forward, he said that would depend on negotiators.

For the time being, he said, he was honouring the promised intention of eight political parties to form the next government. Move Forward and Pheu Thai, with 292 seats combined, are two key components in the eight-party coalition alliance of 312 MPs.

Mr Srettha said expected the eight parties would discuss coalition formation efforts again on Thursday evening or Friday.

Asked if Mr Pita’s effort to become prime minister had come to an end, Mr Srettha said it had, based on the relevant legal aspects.

He said he was disappointed with the joint sitting’s vote against the renomination of Mr Pita on Wednesday “but (we) must accept (it) and move on”.

As a prime ministerial candidate, Mr Srettha said, he must be prepared to push for economic development, while amending the constitution is also important.

In a related development, Piyabutr Saengkanokkul, former secretary-general of the disbanded Future Forward Party, warned against a concerted effort to bar the MFP from government.

Writing on Facebook, he said it was necessary to prevent senators and 188 representatives from 10 other political parties from pressuring the coalition alliance to exclude the MFP in exchange for their votes in favour of a prime ministerial candidate.

Tens of thousands of bullets taken from arsenal at Sattahip base

The navy has decided to sack an officer for prolonged absence from work amid allegations that he had stolen large quantities of ammunition from a naval base in Chon Buri.

The officer has been absent without leave since July 5, Royal Thai Navy spokesman Adm Pokkrong Monthatphalin said on Thursday. The navy will propose his dismissal to the Defence Ministry and seek a warrant for his arrest from the military court, he added.

“The navy is not nonchalant and will quickly find the wrongdoer in order to take disciplinary and criminal action,” he said without naming the suspect.

Sources said he was a chief petty officer second class, supervising an arsenal at the Sattahip Naval Base in Chon Buri.

Adm Pokkrong said that a search at the suspect’s house on Wednesday found stolen cartridges, which proved that the officer at large had stolen rounds of ammunition from the base.

It was reported earlier that the base had lost tens of thousands of M855 and M856 bullets for 5.56mm rifles and thousands of 40mm grenade launcher rounds.

Adm Pokkrong said financial transactions indicated that the thefts had taken place over a long period of time.

The suspect has turned off all his communication devices and is believed to be hiding in the country, the navy spokesman said.

Bhumjaithai leader says he has not yet been contacted by Pheu Thai about possibly joining a new coalition

Bhumjaithai Party leader Anutin Charnvirakul has taken a wait-and-see approach on the possibility of forming a government with the Pheu Thai Party, saying the latter has not contacted him yet.

Mr Anutin, whose party secured 71 House seats, the third-most in the May 14 election, said on Thursday that his stance on joining the eight-party coalition with the Move Forward Party (MFP) and Pheu Thai remained unchanged. Bhumjaithai earlier declared that it could not work with any party that sought to amend Section 112, or the lese-majeste law. The party also opposes any attempts to form a minority government.

He confirmed that he has not yet been contacted by Pheu Thai, which has emerged in pole position to form a government after parliament on Wednesday rejected a bid to renominate MFP leader Pita Limjaroenrat for a prime ministerial vote.

Mr Anutin, 56, said he would adopt a wait-and-see approach now because the eight parties in the coalition were still together.

Asked if Bhumjaithai would join if Pheu Thai took the lead in forming a government with Move Forward remaining in the coalition, Mr Anutin simply said had already made his stance clear.

He declined to comment on whether he thought attempts to form a government would reach a deadlock, saying his party played by the rules. The issue would be raised with the parties that were trying to form the government.

The next prime ministerial vote has been scheduled for Thursday, July 27. Move Forward insists that procedurally, Mr Pita’s name could be put forward again. However, it is widely believed that Srettha Thavisin of Pheu Thai will be nominated.

If the Pheu Thai nominee fails to secure a majority, however, Mr Anutin has been mentioned as a compromise candidate in a new coalition arrangement.

When asked whether he was ready to be a prime minister if the existing coalition parties came to a dead end, Mr Anutin said, “Let’s get to that day first.”

He also said he has not yet held any talks with Gen Prawit Wongsuwon, leader of the Palang Pracharath Party and its prime ministerial candidate, or coordinated with any political parties to discuss the matter.

Asked if Bhumjaithai would be disappointed if Pheu Thai nominated Mr Srettha with Move Forward still in the coalition, Mr Anutin questioned why reporters kept asking the question, since he had made his party’s stance known.

“Ask Pheu Thai,” he said, when asked whether Pheu Thai would abandon the MFP.

Bhumjaithai expects to call a meeting with its MPs one day before the next joint House and Senate sitting to decide on its strategy, he said.

Mr Anutin said his party must maintain political etiquette and follow the rules because it has not played any role in government formation to this point. As long as the eight coalition parties are still together, and the MoU they signed is still in force, the ball is in their court.

If a prime minister is chosen next week, he said, he would comment further on the formation of the government then.

Mr Anutin’s family is the major shareholder in Sino-Thai Engineering and Construction Plc, one of the country’s largest contractors. He held cabinet positions in the early years of the Thai Rak Thai administration led by Thaksin Shinawatra in 2004-05 before he and dozens of other party executives were banned for five years by the Constitutional Court.

The Move Forward Party (MFP) will renominate its leader Pita Limjaroenrat for prime minister even though a majority of both House representatives and senators rejected the renomination on Wednesday, according to its deputy leader.

Nutthawut Buaprathum, also a list-MP, told the House on Thursday that the MFP believed Mr Pita’s qualification as a prime ministerial candidate remained intact, while pointing out that parliamentary regulation no. 41 permitted the resubmission of a failed motion if a new factor was introduced. This provision could be applied to Mr Pita’s renomination, he said.

Mr Nutthawut made the statement after Parliament President Wan Muhamad Noor Matha, former leader of the Prachachat Party, scheduled the next round of the prime ministerial vote by the joint sitting of the House and the Senate on Thursday next week (July 27).

The second round of voting took place on Wednesday when the parliament rejected Mr Pita’s renomination. That day, the Constitutional Court also suspended Mr Pita from duty as an elected member of the House of Representatives.

The MFP deputy leader said Mr Pita remained innocent despite the charter court accepting a petition from the Election Commission (EC) seeking a judicial ruling on his eligibility for political office over his former shareholding in defunct media company iTV Plc. 

Meanwhile, Pheu Thai leader Cholnan Srikaew said on Thursday that his party would continue to team up with the MFP in their efforts to form the next government. The Pheu Thai leader said he agreed that the regulation no. 41 opened the door to Mr Pita’s renomination.

Pheu Thai was waiting for Move Forward to convene a meeting to discuss their prime ministerial nomination since the MFP led their eight-party coalition alliance, Dr Cholnan said. The MFP won the May 14 general election with 151 House seats and Pheu Thai was the first runner-up with 141 seats.

Whether Pheu Thai would nominate its own prime ministerial candidate in the next joint sitting would depend on the meeting of the coalition allies, which might take place within Friday, he said.

Regarding the rejection of Mr Pita’s nomination on Wednesday, Pheu Thai was concerned that its prime ministerial candidate could be easily disqualified if they failed to win a majority vote from the joint sitting, Dr Cholnan said. Pheu Thai has three prime ministerial candidates, including Srettha Thavisin, Paetongtarn Shinawatra and Chaikasem Nitisiri.

He referred to the parliamentary regulation that prohibited the resubmission of a failed motion within the same parliamentary session period.

Dr Cholnan insisted that Pheu Thai had not considered teaming up with other parties outside the eight-party alliance.

Pita loses bid for new vote on PM job

The Pheu Thai Party has emerged in pole position to form a new government after parliament on Wednesday rejected a bid to renominate Move Forward Party (MFP) leader Pita Limjaroenrat for a prime ministerial vote, citing a parliamentary meeting regulation.

After more than seven hours of debate on whether Regulation No.41 could be enforced against Mr Pita’s renomination, a majority of a joint sitting of MPs and senators voted in favour of the regulation.

The regulation prohibits a motion that has been rejected by parliament from being resubmitted during the same session.

They argued an earlier motion regarding his PM nomination was already rejected by parliament on July 13 when Mr Pita failed to get the needed majority vote in the first round.

In light of this, Pheu Thai has emerged as a front-runner in forming a government, and all eyes are now on whether the party will remain an ally of the MFP under the MoU they signed or whether it will seek to form an alternative coalition by bringing in parties in the outgoing government and exclude the MFP, according to observers.

The Bhumjaithai, Palang Pracharath and Chartthaipattana parties, which are part of the outgoing government, oppose the MFP’s plan to amend Section 112 of the Criminal Code, also known as the lese majeste law.

They have made it clear they will not join any government if the MFP is part of it.

After the meeting, Pheu Thai leader Cholnan Srikaew said: “At this moment, Pheu Thai still joins hands with the other coalition allies. Whether the MoU will be revised, I can’t give details yet because the eight coalition allies must discuss the matter first. We will also discuss whether more parties will be brought in.”

Dr Cholnan also said that House Speaker Wan Muhamad Noor Matha has scheduled the next round of a prime ministerial vote for next Thursday.

Bhumjaithai leader Anutin Charnvirakul on Wednesday reiterated the party’s stance against any attempt to amend Section 112.

“If Pheu Thai becomes the leader in forming a government, but the coalition still includes the MFP, which plans to amend Section 112, I won’t join it. I don’t want a minority government either,” Mr Anutin said.

Chartthaipattana leader Varawut Silpa-archa also said the party will not do business with the MFP as long as it still insists on amending Section 112. Asked whether the party would join a new coalition led by Pheu Thai, Mr Varawut said it was premature to discuss the matter.

A source at Pheu Thai said the party should be given a chance to nominate its own PM candidate for the next round of voting after Mr Pita’s renomination was rejected.

The source said Pheu Thai has now gathered enough support from Bhumjaithai, the PPRP and Chartthaipattana, with a combined number of 282 MPs to form a stable government. Most of the 250 senators, who are known to have close ties with PPRP leader Prawit Wongsuwon, are also expected to back a PM candidate nominated by Pheu Thai, the source said.

“The MFP will not be forced out of a new coalition [led by Pheu Thai], but we will let it think for itself whether it should be part of the coalition as this will only lead to an impasse,” the source said.

More than 10,000 rai of agricultural land located near a potash mine in Nakhon Ratchasima has been contaminated with sodium chloride and potassium chloride, according to an analysis by the Synchrotron Light Research Institute (SLRI).

The mine was operated by Thai Kali Co, which holds a 25-year concession that expires in 2040.

The concession covers about 9,000 rai of land across the tambons of Nong Bua Takiat, Nong Sai, and Non Muang Pattana in Dan Khun Thot district.

In June, about 150 farmers staged a protest saying their farms had been affected by wastewater discharged from the mine.

They said this has contaminated the area’s natural water sources and made the area’s soil too salty for the cultivation and production of rice and other key crops.

Villagers petitioned Governor Sayam Sirimongkol on June 27, demanding the closure of the mine.

The protest prompted a halt of mining operations at the site, pending an inspection by state agencies.

The director of the Office of Environment and Pollution Control 11 (OEPC11), Thanachai Wansuk, said on Wednesday the soil samples they sent to the SLRI showed excessive amounts of sodium chloride and potassium chloride.

The results of the analysis will be sent to the governor, who will form a working team to calculate the damage done to the area’s farmlands in order that fair compensation can be worked out, Mr Thananchai said.

Supakorn Rakmai, director of the SLRI’s light transport utilisation and operation department, said that in addition to excessive sodium chloride and potassium chloride, the SLRI found trace amounts of heavy metals.

Mongkutwattana Hospital director, Maj Gen Dr Rianthong Nanna, was on Wednesday handed a suspended prison term and ordered to pay a 200,000-baht fine in a defamation case filed against him by Sira Jenjaka, a former Palang Pracharath Party MP for Bangkok.

The Criminal Court suspended the two-year prison term because it considered the doctor to be a person who normally performed good deeds and contributed to the betterment of society, according to the ruling.

The 200,000-baht fine was ordered to be paid with interest of 7.5% per year.

On May 7, 2021, Maj Gen Dr Rianthong posted a message on his Facebook account accusing Mr Sira, who at the time represented Lak Si district office, of obstructing the work of a field hospital for Covid-19 patients.

The message, which was set as a public post and could be seen by anyone, contained vulgar words and described Mr Sira as a badly behaved politician, the ruling said.

Dr Rianthong’s Facebook account has a large number of followers.

The doctor could have simply warned Mr Sira in person not to obstruct medical staff treating Covid-19 patients at the hospital, but instead posted comments on Facebook which damaged Mr Sira’s reputation, according to the ruling. Mr Sira was visiting the field hospital because he had received a complaint from a patient, the court was told.

Mr Sira was a member of the House committee on justice and humanitarian issues, while Dr Rianthong is a well-known public figure.

Dr Rianthong, who was accompanied by his lawyer, pled not guilty.