From: kamol@munnari.oz.AU (Kamol Hengkietisak)
Newsgroups: soc.culture.thai
Subject: Aug 25: Judicial saga continues.
Date: 26 Aug 1992 16:03:39 +1000
Organization: Mail/News gateway
NNTP-Posting-Host: munnari.oz.au

     JUSTICE Minister Wichian Wattanakun said yesterday it was not 
yet appropriate for him to forward the names of 22 senior judges 
to be transferred for approval by His Majesty the King as the 
matter was still the subject of legal debate.
     A group of dissident judges on Saturday decided to take legal 
action against the minister for allegedly withholding the proposal 
adopted by the Judicial Commission on May 11.
     The Judicial Commission, which is dominated by senior judges 
loyal to former permanent secretary Pramarn Chansue, voted to 
transfer 22 senior judges in what was seen as a move to gain 
senior positions in various courts for members of their faction.
     Mr Pramarn last year was involved in a bitter row with former 
justice minister Prapasna Uaychai in the previous Anand 
Panyarachun administration.
     Mr Wichian has argued that the original proposal by the 
Judicial Commission, made to Mr Prapasna's successor as justice 
minister, Sawat Kamprakorb, included only two judges.
     He found out later the number had been increased to 22.
     "Whether the proposal is legal is still the subject of 
debate," he said. "As justice minister, I have to exercise my own 
judgment whether to forward it to His Majesty the King." Mr 
Wichian said he did not know some judges planned to sue him for 
the delay in the transfer list.
     "There may be some misunderstanding. I do not believe that 
anybody will sue me. All the senior judges are experienced and 
responsible officials who people can rely upon." The minister said 
he was not the one who withheld the transfer proposal.
     The Cabinet secretariat had sent the issue back to him for 
consideration after the present Anand government took office.
     Mr Wichian said he thought the matter involved legal 
ambiguities and so he had sought the view of the Judicial 
Commission chairman on the transfer proposal.
     He also said the ambiguities had prompted him to ask that the 
resolution be sent back to the Judicial Commission for 
confirmation.
     The commission chairman reported back that the transfer 
proposal had been raised at the commission meeting after it was 
declared closed, so it could not be regarded as a resolution.
     Mr Wichian said that, because of the legal complexities and 
arguments, he felt it inappropriate to forward the issue to the 
King and cause him any undue irritation.
     The minister said he had not made the decision to withhold 
the issue alone as he had sought the view of the Judicial 
Commission chairman.
     He denied taking sides with any faction involved in the 
conflict.
     He also said he would not interfere in the annual reshuffle 
of judges.
     The Judicial Commission still has full authority to consider 
the reshuffle list.
     Mr Wichian said he had not received a recent Judicial 
Commission ruling clearing 13 senior judges of any wrongdoing in 
connection with the rebellion against former justice minister 
Prapasna.
     Five of the 13 senior judges, including Mr Pramarn, were 
dismissed without pension, six were dismissed with pension and two 
were denied promotion for two years for their role in instigating 
the rebellion.
     The ruling was later overruled by the Judicial Commission 
after it was realigned in an election earlier this year which saw 
members of Mr Pramarn's faction gain a majority.
     Note: My younger brother is also a judge. He told me that 
Praman's popularity is due to his style of wooing other judges by 
instituting many measures that benefit the judges such as using 
bonds held by courts in pending appeals which amont to millions of 
baht as a fund to be lent to judges for buying homes at low 
interest rates. He personally also lent his money to other judges 
(His family is rich. His brother is Van Chansue, a prominent 
businessman who was once Parliament president in Chatichai Govt.) 
But my brother, a small minority, does not like him because this 
guy was founting judicial decorum and used every trick to gain 
power. In short, Pramarn is said to politicise the judiciary. My 
brother is still an idealist. He does not drink, frequent 
entertainment places or be seen with any businessman. His attitude 
might be formed during his Thammasat days when he was the 
president of Young Buddhist Forum. According to his opinion, 
judges are not as independent and just as most people think. They 
can be bought especially in cases that can go either way.
  Kamol reports.