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Lawyers challenge aec legality

Court petition will question qualifications of members



Former prime minister Thaksin Shinawatra's legal team plans to seek a Supreme Court ruling on whether some members of the Assets Examination Committee (AEC) are qualified for their posts.

They were described as being hostile to the politicians they investigate and their appointments were unlawful.

Pichit Chuenban, a lawyer for the Shinawatra family, said yesterday the legal team would file a petition with the Supreme Court's Criminal Division on Political Office Holders within the next week.

"Many people in the AEC are foes of the defendants. And their appointments were against the principles of legal state and legal justice," he said, referring to the fact that the AEC members were appointed by the junta after the Thaksin government was overthrown.

Thaksin's legal team had earlier questioned the AEC's authority in taking to court the controversial special lottery case accusation against Thaksin and his Cabinet members. The move prompted the Supreme Court to consult with the Constitution Court about the AEC's powers.

The AEC's legal team on Wednesday evening met with the subcommittee investigating the special lottery to discuss measures in response to the court decision.

Nakorn Chompuchart, a member of the AEC's legal team, said it appeared the defence was trying to question the panel's legitimacy to bring the case to court. He said the group next week would submit a statement countering the defence team's arguments.

Rakkiat Wattanapong, secretary of the Supreme Court's Criminal Division on Political Office Holders, said the court's written request would be sent to the Constitution Court next week for a ruling on the AEC's authority. Senate Speaker Prasopsuk Boondet, meanwhile, said he expected the nine new Constitution Court judges to look into the matter. The nine judges' recent appointments require Royal endorsement before they can start work.

He said the Senate was doing the paperwork and he expected the appointments to be submitted for Royal approval within this month.


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