Ruling sought on NCCC law

Lawyers Anek Kamchum, left, and Kamnuan Chaloptham, representing ousted prime minister Thaksin Shinawatra and his wife Pojaman, yesterday turned up at the Supreme Court to take up the Ratchadaphisek land-deal case.

Former prime minister Thaksin Shinawatra and his wife Pojaman yesterday resorted to a time-buying tactic by seeking a ruling from the Constitution Court on whether a provision in the National Counter Corruption Commission Act was unconstitutional.

Thonglor Chermngarm, senior judge of the Supreme Court's Criminal Division for Political Office Holders in the Ratchadapisek land purchase case, led a nine-member judge panel in reading the complaint by the two defendants dated June 23. The complaint states that the NCCC law that bans political office-holders from being a contract partner or having interest in projects of state agencies that they oversee or supervise, violated the Constitution that guarantees the right and liberty for all citizens to operate businesses and join free and fair competition. The defendants requested the court to seek a Constitution Court ruling over the matter.

The Constitution Court on Monday had ruled - following the defendants' request - that announcement No 30 of the Council for Democratic Reform to establish the Assets Examination Committee (AEC) and its amendment to extend the term of the AEC, did not violate the Constitution.

The judges yesterday decided to go ahead with the trial, taking recourse to Article 211 of the Constitution which stipulates that trials can proceed, but verdicts will not be delivered until the Constitution Court rules on issues of concern.

The lawyers on both sides were strictly instructed to get their witnesses ready to give testimony in accordance with the schedule. If any witnesses fail to attend the trial on any given date, the lawyers must bring other witnesses to give testimony.

A new team of Thaksin's lawyers turned up yesterday at the court to work on the case after three lawyers representing him were jailed last week for contempt of court on charges of attempted bribery.

The new lawyers representing Thaksin include Anek Kamchum, who has been working on the case from the beginning, and former Sing Buri senator Kamnuan Chaloptham.

Anek said he was ready to cross-examine the lawyers of the plaintiff on July 8 over the claim by public prosecutors that Thaksin had the authority to oversee the Financial Institutions Development Fund.

He submitted to the court yesterday questions to ask the plaintiff on July 8, and identified witnesses to give testimony but refused to elaborate.  He said Thaksin and his wife Pojaman did not turn up at the court yesterday because the court approved their request that testimony could be given without their presence.

Kamnuan said he decided to take up the case immediately because he knew Thaksin's other lawyers well since he was president of the Law Society of Thailand.

He said the lawyers had prepared documents concerning the case very well so he felt the work was not hard.

"I have been working as a lawyer for almost 50 years, so when I was approached to do the job I accepted right away. Although I am a former senator, I am not a politician,'' he said.