Samak's Judgement Day

Prime Minister Samak Sundaravej's fate will be decided this afternoon when the Constitution Court rules on whether he violated the charter by hosting commercial television shows while in office.

The court, led by President Chat Chonlaworn, is scheduled to read its verdict at 2pm.

If Samak is found guilty, he will have to step down. The entire Cabinet will have to go with him, and Parliament will have to pick a new prime minister.

There was speculation yesterday that Samak might dissolve Parliament.

Alternatively, Chat Thai Party leader Banharn Silapa-archa could be voted in as prime minister for the second time, with support from MPs of the ruling coalition's partners, mainly the People Power Party.

At the final hearing yesterday, Samak defended his role as host of the "Chim Pai Bon Pai" and "Yok Kayong Hok Mong Chao" cooking programmes, which ran between 2000 and this past February.

The Senate Speaker and the Election Commission filed charges against Samak for hosting both series and earning an income from them. The charter prohibits the prime minister from taking any position in a company, partnership or for-profit organisation or any other form of paid employment.In his testimony supporting the defence, Sakchai Kaewwanneesakul, producer of the programmes, said Samak had refused to receive payment after becoming prime minister.

Face Media, the company that developed the programmes, then used the money to pay Samak's driver for travel expenses based on his petrol bills, as well as the cost of cooking ingredients used in the show, he said.

After entering Government House, Samak hosted the show a few times until February 16, but the segments were never aired, he said. Samak arrived at the court at 9am yesterday in a jovial mood. However, he looked stressed after an hour of testimony, when at one point he was cut off by a judge because he did not allow the judge to finish his statement first.

Samak told the court he had been programme host since he was governor. He had never asked for remuneration but received compensation for transportation and food ingredients used in the shows.

He did not receive a salary, as he did not regularly host the shows. Payment was made on a show-by-show basis. Four episodes a month were recorded. He stopped hosting the shows after he was blamed for acting improperly as governor. The tapes were then rerun, and he did not receive any extra money for them.

Samak said the production house sent a letter asking him before he ran for the general election last December 23 whether he would continue hosting the show. Although he received legal advice that it was not paid employment, he told the company to find someone to replace him.

"Since the cancellation, I've never [hosted the shows]. The company has never given [more money]. I've then never asked for [money]. I took the position on February 6, then I stopped [hosting them] after someone criticised me. I've never thought it would be this severe [a case]," he said in court.

"I hosted the programme because I love cooking and thought it of use to people. I'm proud that I made people learn about cooking."

Senator Ruangkrai Leekitwattana, who took the witness stand against Samak, asked the premier if it were true the company gave his driver between Bt2,000 and Bt5,000 per show, an amount that was not the exact cost Samak had incurred in hosting the show.

"After you became prime minister, I understand you still hosted the show. The only difference was the company formerly gave you more than Bt100,000, which you accepted. After you became prime minister, it gave you Bt5,000, and you still accepted it. Is that correct?" Ruangkrai asked Samak.

Samak answered: "Yes." However, Samak said he did not acknowledge any payments to or by his driver.