PPP looks to legal ways in which to defend itself

The party is seeking out legal channels to impugn members of independent constitutional organisations, starting with the National Counter-Corruption Commission (NCCC), a ruling against which could bring government to an abrupt halt.

It is also drawing a bead on the Constitution Court and the Election Commission, which are proceeding legally against People Power politicians and former Thai Rak Thai leader Thaksin Shinawatra.

The Constitutional Court is scheduled tomorrow to rule on the asset-concealment case against Deputy Commerce Minister Wiroon Techa-paiboon, accused of not declaring shareholdings over the legal cap to the National Counter Corruption Commission.

And early this week, the Election Commission is scheduled to ask the Constitutional Court to rule on Prime Minister Samak Sundaravej's hosting of television programmes, in addition to the submission of Sen Ruangkrai Leekitwattana to the court.

People Power moved against the NCCC by saying some members had been appointed illegally by the coup makers' Council for Democratic Reform (CDR) but not endorsed by His Majesty the King.

MP Sutin Klangsaeng, chairman of the House committee on constitutional organisations, said on Friday it had pronounced the NCCC illegal, because although the CDR held power after the coup, power had been returned to the King when coup leader General Sonthi Boonyaratglin was endorsed by His Majesty, and royal endorsement for such important positions was then required.

While defending the party-dissolution case last year, Thai Rak Thai attacked the legitimacy of the Constitution Tribunal, which was to rule on its case, saying members had been appointed by the coup-makers.

Thus does the party attack organisations examining it.

"Call it self-defence. If organisations say that we break the law, we must say they do too," Sutin said.

The defence by Thai Rak Thai last year was not accepted and it was dissolved.

"The country had not returned to democracy last year, so few people would listen to us. Now the country is democratic, and there should be a fair hearing for our questions [about the appointment and status of members of independent organisations]," Sutin said.

Thammasat University law lecturer Prinya Thaewanarumitkul says the argument that the NCCC was appointed illegally by the coup makers does not hold water as the Constitution states the CDR's announcements have legal status.

Illegal appointment is one thing, he says; abuse of power is another, and if People Power finds any independent organisation has used its power wrongly, it is free to impeach.

Former senator and former deputy chairman of the Constitution Drafting Assembly Seri Suwanpanont says People Power is hell-bent on destroying the system of examination by independent organisations.

Casting doubt on their credibility could easily destroy society, he warns, though he trusts the justice system can cope.

"The solution lies in the judicial system," he says. "Independent organisations should complete their investigations then pass on their rulings to a court for confirmation or quashing. That is where the buck stops."