A LAWYER said in a Facebook post today (Oct. 20) that some former Democrat Party MPs are gearing up to petition the Supreme Court’s Criminal Division for Persons Holding Political Positions to determine whether the Corrections Department violated the law by moving de facto Pheu Thai boss Thaksin Shinawatra to Police Hospital for medical treatment without first requesting court permission, Naewna newspaper said.
The lawyer, Mr. Paisal Puechmongkol, said allowing Thaksin to stay at Police Hospital for six months does not meet the conditions for parole and the Corrections Department must now enforce the punishment according to the verdict and imprison him for a year.
Thaksin had been earlier convicted of a few counts of misconduct perpetrated during his previous premiership and sentenced in absentia to an eight-year jail term which was curtailed by royal pardon to only one year.
Nevertheless, Thaksin has never spent a single day behind bars since his return from self-exile abroad August last year and instead was provided a tight-security, private ward at Police Hospital from where he allegedly literally took part in the power play over the setup of a Pheu Thai-led government under former prime minister Srettha Thavisin, until his release on parole on Feb. 18 this year.
Mr. Chanchai Issarasenarak, a former Democrat Party MP for many terms, will be filing the petition and once the court receives it, it would conduct an investigation according to Section 246 of the Criminal Procedure Code.
If the court accepts the petition it has the authority to issue an arrest warrant and order imprisonment which is frightening, Paisal said.
Section 246 states that the Corrections Department must detain the defendant in “prison” and cannot detain this person anywhere else be it a temple, hotel, school or hospital, he said.
If the defendant is to be moved from prison the Corrections Department must first request permission from the court with the department’s Director-General and Justice Minister not permitted to do so on their own.
The court too has the authority to grant permission in four instances as follows:
– The defendant is insane;
– The defendant may die if imprisoned;
– The defendant is more than three months pregnant;
– The defendant has a child who is not yet three years old and must raise the child.
Should permission be given to leave the prison, once the conditions are completed the Corrections Department has to report to the court which will order the imprisonment of the remaining jail term without deducting the leave taken.
Thaksin is also facing investigation by an ad hoc committee set up by the Election Commission to look into allegations he had illicitly dominated and steered the largest ruling party, albeit in behind-the-scenes fashion, as well as unlawfully exerted influence on other current coalition partners.
Thaksin was also released on bail by the Criminal Court on June 18 in a lese majeste lawsuit filed against him.
He had allegedly committed a verbal offence to the monarchy during 2015’s interview with a news agency in Seoul, marking the first anniversary of the coup staged by former army chief-turned-prime minister/now privy councillor Prayut Chan-o-cha to depose his sister/former prime minister Yingluck Shinawatra.
CAPTIONS:
Top and Front Page: De facto Pheu Thai boss Thaksin Shinawatra. Photos: Thai Rath
Insert: Lawyer Paisal Puechmongkol. Photo: Naewna
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