PM disqualified for violating charter with cookery show

The Constitutional Court yesterday disqualified Prime Minister Samak Sundaravej for violating the Constitution by hosting television programmes and receiving remuneration for doing so.

"The Constitutional Court unanimously agreed that Prime Minister Samak Sundaravej violated the Constitution, Article 267. Therefore his ministerial position has ended," the court judges, led by president Chat Chonlaworn, read the verdict.

Samak's disqualification automatically led to all the Cabinet members also losing their. However, excluding Samak, the other Cabinet members can continue as a caretaker government until the new Cabinet is formed, the court said.

The present Cabinet could remain as a caretaker administration for 30 days until Parliament elects a new prime minister.

Considering the key argument about Samak's violation of the charter, the court turned down the premier's argument that he was not an employee of the company nor did he receive a salary from the company.

"The word 'employee' used in Article 267 of the Constitution must be implied with wider meanings than in other laws," the court said.

While the Article was meant to prevent holders of political office from having conflicts of interest, the word "employee" could mean working for an employer and receiving remuneration in any form, the court said.

Samak had hosted the commercial television cooking programmes for the company for years. He also received a reasonable amount of payment from the company, the court said.

The court also said Samak had conflicting testimonies and evidences when he said he did not receive remuneration from television company Face Media after he took the prime minister's post.

As evidence to the court, Samak sent a letter to the company saying he would continue hosting the shows but would not receive remuneration for "travel expenses as before". On the other hand, in his interview to Sakulthai magazine in 2001 he said he had received Bt80,000 each month from the company for hosting the show.

The conflicting evidences and testimonies appeared to court that there was evidence fabricated back-dated to elude the charge, the court said.

The company's president told the court that after Samak became prime minister, the company paid travel expenses and some more money to Samak's driver for the cost of cooking ingredients used in the shows, the court said.

Tax records showed he continued to receive payments, the court said.

Samak being the presenter of the show also indicated he was partner in the production of a commercial venture, the court said.

Despite the ruling by the nine judges, Samak is not barred from standing again for prime minister, and his party has already confirmed they would re-elect him to the premiership.

Nevertheless, on September 25, the Appeal Court has scheduled the reading of its verdict in a libel case against Samak. Samak will be disqualified from a ministerial post if the Appeal Court sentences him to a jail term.

The Constitution prohibits a person sentenced to jail or who has been in jail in the five years prior to the appointment from being a minister.

The Criminal Court last year sentenced Samak to 24 months jail for defaming former deputy Bangkok governor Samart Ratchapolsitte in 2006.