The Pheu Thai Party plans legal action against activist Therayut Suwankesorn, who claimed the party sought to overthrow the state. This follows a court ruling dismissing related complaints by the Constitutional Court on Friday. Nonetheless, the Election Commission is pursuing a separate complaint but based on the 2017 Organic Law on Political Parties and not Section 49 of the Constitution.
The Pheu Thai Party’s legal advisers have been instructed to proceed with a legal case against lawyer-activist Therayut Suwankesorn. In short, the party intends to pursue the lawyer for suggesting it intended to overthrow the state. A case initiated by Mr. Therayut was thrown out on Friday by the Constitutional Court. This was confirmed on Friday by Prime Minister’s Office Minister Chusak Sirinil. In the meantime, the Election Commission’s Secretary-General, Sawaeng Boonmee, on Saturday, said that its investigation of Mr. Thaksin and the Pheu Thai Party on the same complaint is ongoing. Mr. Sawaeng explained that the basis of both cases is quite different. The Election Commission is investigating the complaint under the 2017 Political Parties Act. In particular, the allegation that Mr. Thaksin wields undue influence over the ruling party. This is specically outlawed under the junta era law.
On Friday afternoon, Mr. Chusak Sirinil, the minister at the Prime Minister’s Office, suggested that the Pheu Thai Party may pursue legal action against lawyer-activist Therayut Suwankesorn.
His remarks to reporters came within hours of a Constitutional Court victory for both the ruling party and its figurehead, former Premier Thaksin Shinawatra.
On Friday, the courts ruled on six complaints submitted by the expert lawyer. Five of these were rejected for lacking sufficient evidence. However, the court did consider the second complaint, which related to the 2001 Memorandum of Understanding (MOU) with Cambodia.
Criticism of the 2001 MOU underlines claims of illegality and $300 billion in maritime resources at stake
Conservative and right-wing factions in Thailand have been highly critical of this MOU, particularly the Palang Pracharat Party and its deputy leader Paiboon Nititawan.
In short, it is claimed that the agreement between the two countries was an illegal deceit as it was never ratified by parliament, as required under the 2017 Constitution.
Nonetheless, a case taken by Mr. Paiboon was recently rejected by the Constitutional Court.
At the same time, concerns have been raised given the value of maritime resources in the overlapping sea area, which is the subject of the pact.
Indeed, these resources are estimated to be worth some $300 billion, according to industry insiders.
Thaksin’s ties with Cambodia deepen right-wing unease as court rejects opposition petition by 7-2 vote
Furthermore, the close relationship between Mr. Thaksin and Cambodia’s strongman Hun Sen deepens the unease among Mr. Thaksin’s enemies on the right.
In addition, the striking fact that Mr. Thaksin, during his exile from Thailand as a fugitive, signed on as an economic advisor to Cambodia is often quoted.
Nonetheless, the Constitutional Court judges on Friday rejected this aspect of the petition. The vote was 7-2.
In the meantime, Mr. Chusak told reporters that a lawsuit against Mr. Therayut would be taken soon.
Thaksin and Pheu Thai survive legal complaint considered before the Constitutional Court on Friday
He emphasised the damage such cases cause to the government and, in particular, the ruling party. For instance, if the case on Friday had been taken up, it would have undermined the country’s political stability.
Critics also noted that if a negative finding had ultimately been made, the Pheu Thai Party would have faced dissolution.
The minister was the key witness for the Pheu Thai Party before a panel of enquiry in October. Previously this was established by the Office of the Attorney-General (OAG) which also rejected the Section 49 complaint.
Election Commission investigates undue influence claims against Pheu Thai under the 2017 Political Parties Act
Mr. Chusak explained that suggesting the political party sought to undermine the foundations of the state was a serious allegation—in short, a grave offence against the Pheu Thai Party and those associated with it.
He told reporters that the party has decided it is time to exercise its rights.
In the meantime, the Pheu Thai Party and Mr. Thaksin still face significant challenges. The Election Commission is still pursuing its investigation into Mr. Therayut.
On Saturday, the Election Commission Secretary-General Sawaeng Boonmee was adamant this would continue.
In particular, he explained that the basis for its investigation was completely different from that adjudicated by the court on Friday. That case was under Section 49 of the Constitution, addressing the broad charge of undermining the state.
Nonetheless, the Election Commission is investigating the activist lawyer’s submission under the Political Parties Act of 2017.
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