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Wed, February 28, 2007 : Last updated 13:52 pm (Thai local time)



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Home > Politics > TRT pins its hopes on a 'white knight' lawyer





TRT pins its hopes on a 'white knight' lawyer

The election cases could make history, but that's not on Somsak's mind

Somsak Torugsa has practised law for 28 years but admits that the ongoing dissolution case against the Thai Rak Thai Party is his toughest job so far. He is working under the glare of public pressure and the weight of expectation from the party's 14 million members.

However, he is confident the party will be cleared because he says there is no strong evidence against it.

"Witnesses from the Pattana Chat Thai and Thai Ground parties change their testimony all the time," he said.

Thai Rak Thai is alleged to have hired the two parties to compete in the April 2 election last year to bypass the "20-per-cent rule", which requires an unopposed candidate to win 20 per cent of total votes cast in a constituency.

The case against Thai Rak Thai is under intense scrutiny as the public wants to know if the allegations are true, said Somsak, who refused to reveal his fee, saying he preferred to get paid after the Constitution Tribunal ruled on the case.

He said money would be unimportant if he stopped the party from being dissolved.

"This is a case of honour for me: it will go down in the country's political history," he said.

Somsak has no previous connection with the party but said he admired Thaksin Shinawatra's leadership and the policies that boosted the country's economy.

When the party's legal team was looking for a lawyer, it attracted many applications.

"Someone I respect suggested that I talk with the party. It's like a presentation. Lawyers tried to convince them how they could help the party win," he recalled.

After his presentation, Somsak said he did not expect to get the job because such a high-profile case would require more experience and seniority.

"Lawyers conducting such a big case are normally over 60," he said. The 55-year-old did not know why he was picked.

The legal eagle is due to complete a doctorate at Ramkhamhaeng University this year. He read his master's and bachelor's degrees at the same school.

Somsak never thought of being famous and successful because he "started from zero".

"I had to pay for my own education. While studying for the bachelor's degree, I made a living as a tutor".

Somsak said he loved to teach and learn, which is why he is studying for his PhD and is a special lecturer at many universities.

As a graduate, Somsak opened a law firm but let his friend run the office because he wanted to teach. He rented a small space in a shop-house and was forced to take over when his friend fled leaving an incomplete case.

One of his most significant cases was defending a client who was sentenced to death.

The court dismissed the case but Somsak could only be paid in fish as the client was poor.

From then on, Somsak decided to be a full-time lawyer and only lecture when he found time between cases.

"Teaching is similar to doing cases because you have to speak: it makes me less embarrassed when I am in court."

But cases are more enjoyable, he admits, and each case teaches him something.

"Lawyers must be magnificent, confident and knowledgeable," said Somsak.

His expertise was in land cases and he was so successful that he had a Bt20-million office built for his firm in 1987. The area is the subject of his doctorate thesis entitled "Law for Protection of State's Land from Trespassing".

Thai Rak Thai's electoral fraud case was not his first political battle.

He was defence lawyer for former National Counter Corruption Commission members who were accused of power abuse for giving themselves salary raises without parliamentary approval. He lost the case and his clients were given suspended jail terms.

Later Somsak acted as plaintiff lawyer for Airports of Thailand, which has filed an ongoing criminal libel lawsuit against Post Publishing and the Bangkok Post for a news report about severe cracks on Suvarnabhumi Airport's runways.

Somsak said during his political cases his clients were often unpopular with the public but he became familiar with the pressure and learned to ignore it.

"I agree to do cases when I can help my clients win. I don't care if they are political. If I see no chance of winning, I will reject the case because my clients are not guinea pigs," he said.

Sucheera Pinijparakarn

The Nation








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