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TEMPLE OF GLOOM

Court verdict stuns Govt

Communique with Cambodia was unconstitutional, judges rule



The Cabinet was stunned by yesterday's Constit-ution Court ruling on the status of the May 22 Thai-Cambodian communique on Preah Vihear Temple.

The ruling could lead to a mass resignation of Cabinet members if impeachment proceedings are initiated in the Senate against the entire Cabinet for violating the Constitution's Article 190.

Article 190 requires the government to seek Parliament's approval before signing a treaty.

The court yesterday ruled that the communique is a kind of international treaty, so the government's act was unconstitutional.

Sources said the Cabinet meeting room at Government House fell into silence yesterday as Prime Minister Samak Sundaravej informed Cabinet members of the court ruling.

PM's Office Minister Choosak Sirinin, the government's chief legal adviser, told his colleagues that senators were expected to begin a legal procedure to impeach the entire Cabinet.

Choosak also expressed concern that if the National Counter Corruption Comm-ission accepted such a petition from senators, the Cabinet would be required to suspend its duties, according to the source.

He said that would lead to a period of "political vacuum".

The procedure calls for the NCCC to refer the matter back to the Senate if it agrees there are grounds for the Cabinet to be impeached.

Support from a minimum three-fifths of the upper House is required to impeach the Cabinet.

The prime minister was quoted as saying: "This time we will see how the upper House will act about this."

A group of senators yesterday announced a plan to seek legal action against the entire Cabinet.

Before the court ruling was announced, Samak told yesterday's Cabinet meeting that Foreign Minister Noppadon Pattama would have to take responsibility if the court ruled that the communique was against the Constitution.

"Noppadon will get the jackpot. He will be held liable. Other Cabinet members should be spared, otherwise there will be nobody left to run the country," the PM was quoted by the source as saying.

The foreign minister signed the communique with his Cambodian counterpart for Cambodia's bid to have the Preah Vihear Temple listed as a World Heritage site.

The agreement was later endorsed by the Cabinet.

Agriculture Minister Somsak Prissanananthakul, who is also deputy leader of the Chart Thai Party, said that he respected the court ruling and its consequences.

He also expected an impeachment campaign by senators soon.

Meanwhile, the opposition Democrat Party yesterday agreed to seek impeachment of Foreign Minister Noppadon.

Democrat and Opposition leader Abhisit Vejjajiva said he expected the party to submit to the Senate speaker its petition for Noppadon's impeachment by Friday.

The Democrats, however, failed to agree yesterday whether to seek impeachment of the entire Cabinet, according to party deputy secretary-general Thaworn Senniam.

He said the party agreed to make a written request to the prime minister for the relevant documents from the Cabinet. The Official Information Act might be cited if the Cabinet declined, he added.



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