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Thaksin cases 'must run their course'

Law lecturer says political court is a 'beacon of hope'



The cases of corruption and abuse of power against Thaksin Shinawatra should be concluded so society could have closure on the ousted premier, which would help end the current political strife, a law lecturer said yesterday.

"There are movements that do not want justice to run its course, however," Thammasat University's Prinya Thewanaruemitkul said.

Prinya claimed he had been told by a reliable source that Thaksin was concerned about the impartiality of the Supreme Court's Criminal Division for Persons holding Political Positions.

The Germany-trained law lecturer said many Thais were still confused about the differences between the rule of law and the rule by law where powerful men exert undue influence.

He criticised the Emergency Decree passed by Thaksin in 2005 as an example of the rule by law whereby power can be exercised without redress or the scrutiny of the Administrative Court, while state officials who commit crimes under the decree enjoy immunity.

Prinya said the Supreme Court's Criminal Division for Persons holding Political Positions is a beacon of hope for the Thai judicial system.

Griengchai Jungjaturapit, the division's president, admitted that the role of the division organised by the Konrad-Adenauer Foundation and the Supreme Court faces many obstacles in reality.

Griengchai said it was difficult to bring corrupt politicians to justice because many were powerful, wealthy, of high status and high education.

He said it was also difficult to make less-educated people realise that such high-level corruption affects them.

"Many of the witnesses and evidence tends to be with those who are collaborators," said the judge. "It also takes time and the big [offenders] tend to be dead by the time the ruling is handed down."

He hoped that the inquisitorial approach, instead of the traditional accusatorial approach, would make a difference.

With the inquisitorial approach, the division judges have the duty to investigate and interrogate suspected criminals, "so the search for the truth is not left to either or both parties [in the lawsuit]".

Klanarong Chanthik, a member of the Anti-Corruption Committee, said advisors of politicians should also be made accountable to the division as some exert influence which leads to corruption and are not made accountable.


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