Organization: Central Michigan University
Newsgroups: bit.listserv.seasia-l
Date:         Wed, 26 Aug 1992 07:04:09 EDT
From:         Elliott Parker <3ZLUFUR@CMUVM.CSV.CMICH.EDU>
Subject:      TH: Judicial saga continues
X-To:         seasia-l@msu.edu

=======================  Forwarded  Message  ===========================
Date: Tue, 25 Aug 92 23:37:05+0700
From: kamol@munnari.oz.au (Kamol Hengkietisak)

     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.
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