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Thu, June 7, 2007 : Last updated 21:16 pm (Thai local time)



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Home > National > Dissenting judges say timing a crucial factor





Dissenting judges say timing a crucial factor

Yesterday saw the release of two minority arguments opposing the removal of 111 Thai Rak Thai executives from the electoral process following last week's verdict to convict their party for electoral fraud.

The arguments by two Constitution Tribunal judges echoed the opinions of tribunal president Panya Thanomrod, who released his individual ruling on Tuesday.

In a unanimous decision, all nine tribunal judges found the former ruling party guilty of fraud stemming from the April 2 vote last year.

They also agreed to disband the party and ban its executives from forming or managing a new party for five years.

For additional punishment, the majority of six judges ruled to remove the party executives from politics for five years.

The minority of three judges voiced their dissenting opinions on grounds that the junta decreed the punishment in September after the wrongdoing had happened.

In his individual decision, judge Kittisak Kitikhunpairoj said he viewed voting as a basic human right, which could not be restricted without specialised legislation prescribing the disqualification in advance.

Kittisak said he saw no justification for the retroactive enforcement of removal from the electoral process.

He also cited a legal technicality relating to the enactment of the junta's Announcement No 27 for the ban on politics, saying the punishment had not been properly dated to take effect.

In the other minority decision, judge Thanis Kesawapitak said he disagreed with the sentencing for additional penalties which came into effect after the wrongdoing.








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