Police reform and fighting the PPP ghost of Thaksin all in one legal case?
By Jon Fernquest[Introduction|Article]
[Reading Questions|Answers]
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Today's Bangkok Post features an article on a rather strange court case in Ayutthaya.
The case is strange because it involves the police and a former high-ranking Thai Rak Thai official.
It is also strange because the case involves a police raid or "drug bust" and the administration of justice.
One could not expect every raid by the police to be successful, yet one might expect standards for police activities and an independent external evaluation of whether those standards are met or not.
In a way, the case is related to the larger issue of police reform.
Yet another strange aspect of this case is its timing just before the election season kicks into swing.
The accused is currently a high ranking People Power party (PPP) executive and PPP is the party led by Samak on behalf of Thaksin.
The story coincides with other events that seem to be biased against the PPP such as being barred from television advertising albeit by the stations themselves in what appears to be a form of self-censorship (See front page of yesterday's Bangkok Post, 16-10-07)
Today's article is a regular news article and not an editorial, so it presents the facts and lets the reader come to their own conclusion.
This article should be good for law students and students studying political science.
a police raid - when the police enter a building suddenly by force searching for a crime suspect or evidence
a drug bust - when someone is arrested for transporting or selling narcotics or drugs
independent - not related to other people involved in the event
timing - when it happens (in relation to other events)
kicks into swing - starts
coincides with - happens at the same time as
biased against - tending to prefer and give benefits to one side of an issue or conflict
conclusion - make a judgement or decision after carefully considering the facts
Reading Questions
Here are some questions to guide your reading (See answers at end):1. Which former public official is being accused of committing a crime?
2. Was he a high or low ranking public official at the time of the alleged crime?
3. What was his background before becoming a high ranking public official in the TRT?
4. Who else has been named as co-defendants in the case?
5. What is the rank of the co-defendants? Is their rank high or low?
6. What crime is Mr. Yongyuth being accused of?
7. What crimes are the other defendents being accused of?
8. How many years ago was the alleged crime committed?
9. Where was the alleged crime committed?
10. What official duty was Mr. Yongyuth performing?
11. Was the police raid successful or not? Why or why not?
12. What does Mr. Yongyuth do now?
13. Did the police use excessive force? Does it appear that the police shot first and asked questions afterwards? Does this seem right? (Express your opinion)
14. Where did the husband and wife find protection from the gunfire?
15. If the husband and wife had been shot dead during the raid and then found innocent, what would have happened afterwards? (Express your opinion)
16. If these people were government officials performing official duties how could they be guilty of committing crimes? (Express your opinion)
17. Why has it taken so long to act on this crime? (Express your opinion)
18. Is it a mere coincidence that the prosecution is happening right as the election campaigns are beginnning? (Express your opinion)
19. Have the elderly couple been harassed in any way after they brought the charges?
20. What kind of positions did Mr. Yongyuth hold in the Thaksin administration?
21. Don't the elderly couple have to pay a lot of money for the many lawyers helping them? (Use inference)
Bangkok Post Article October 16, 2007
POLITICS / ATTEMPTED MURDER CHARGE, NEW PARTY LEADERS, TRT AUDIT, ELECTION PREPARATIONSYongyuth to stand trial for attempted murder
Court accepts case filed by elderly coupleSUNTHORN PONGPAO
Ayutthaya — The Ayutthaya provincial court yesterday accepted a case filed by an elderly couple accusing Yongyuth Tiyapairat, deputy leader of the People Power party, of attempted murder in a raid which saw police riddle their house with bullets three years ago.
Seven police officers are named as co-accused in the case — Pol Capt Manu Setthachinda, Pol Maj Asarn Thomya, Pol Col Adul Narongsak, Pol Capt Chatchawal Tippichai, Pol Sgt-Maj Chakkrapob Thepsena, Pol Lt-Gen Pratya Sutthapreeda and Pol Lt-Col Preecha Chutinant.
But charges have been dropped against the then Crime Suppression Division commander Pol Maj-Gen Kosin Hinthao and three other officers — Pol Lt-Col Somsak Chanthaping, Pol MajGen Pansiri Prapawat and Pol Maj-Gen Wanchai Thanatkij — for lack of evidence against them.
A team of lawyers from the Lawyers Council of Thailand is representing the couple in court.
Mr Yongyuth and the other accused officers, except Pol Sgt-Maj Chakkrapob, appeared in court to hear the charges in person. The court has issued an arrest warrant for the officer who failed to show up. The first hearing for the case has been set for Nov 27.
Charges include attempted murder, trespassing on private property, and malfeasance.
a raid - entering a building suddenly by force, searching for a crime suspect or evidence
riddle with bullets - shoot many bullets at something
in person - they were at the place (didn't send an assistant)
arrest warrant - an official document ordering the arrest of someone
a hearing - an official meeting to decide a legal case (attended by everyone involved in the legal case)
trespassing - entering someone's property without permission
malfeasance - wrongful and illegal actions by a public official (See Wikipedia)
Night Raid by Police on Suspected Drug Trafficers
On July 7, 2004, Mr Yongyuth, while serving as PM's Office minister in the Thaksin administration, led a security task force in a night raid on a house owned by Udom and Nisai Satakurama in Ayutthaya's Bang Sai district, where it was suspected that methamphetamine pills were being kept.
In her lawsuit, Mrs Udom said Mr Yongyuth and 50 armed police officers destroyed the railings before storming the house and firing indiscriminately inside. She said she and her husband ran for cover behind a refrigerator.
When the firing stopped, the defendants held them at gunpoint while searching their house, although nothing illegal was found inside, Mrs Udom said in her lawsuit.
a task force - a group assigned an important special task to do
methamphetamine pills - a common form of drugs or narcotics [Thai: yaa baa]
storming - attacking a place to get inside
indiscriminately - without reason or plan
ran for cover - ran to a protected place
held them at gunpoint - pointing a gun at someone to prevent them from moving
a lawsuit - a legal case in which a court resolves a dispute between two people
Harassment of Elderly Couple Bringing the Case
Mrs Udom told reporters after leaving the courtroom that she had received threatening letters warning her to withdraw the lawsuit.
She said even her five lawyers had been threatened and three of them have decided to pull out of the case.
She does not plan to give up her fight against the defendants.
A former Thai Rak Thai MP for Chiang Rai, Mr Yongyuth is regarded as one of the most loyal supporters of deposed prime minister Thaksin Shinawatra.
During the Thaksin administration, he held prominent portfolios including that of government spokesman, prime minister's secretary-general, PM's Office minister, and natural resources and environment minister.
prominent - important and very visible
portfolios - reponsibilities of a government minister
Answer Key:
1. Which former public official is being accused of committing a crime?
Mr. Yongyuth Tiyapairat.
2. Was he a high or low ranking public official at the time of the alleged crime?
A very high ranking public official. He was serving as a minister in the Thaksin administration.
3. What was his background before becoming a high ranking public official in the TRT?
a. Thai Rak Thai MP from Chiang Rai
b. One of the most loyal Thaksin supporters
4. Who else has been named as co-defendants in the case?
Seven police officers who were involved in the raid.
5. What is the rank of the co-defendants? Is their rank high or low?
They all have a high rank within the police force. Captain, Major, Colonel, Sergeant Major, Lieutenant-General, Lieutenant Colonel.
6. What crime is Mr. Yongyuth being accused of?
Attempted murder.
7. What crimes are the other defendents being accused of?
a. Attempted murder
b. Trespassing on private property
c. Malfeasance
8. How many years ago was the alleged crime committed?
Three years ago on July 7, 2004.
9. Where was the alleged crime committed?
In Ayutthaya, north of Bangkok.
10. What official duty was Mr. Yongyuth performing?
He was conducting a night raid on the house of someone suspected of possessing mephamphetamine pills.
11. Was the police raid successful or not? Why or why not?
The raid was not successful because they did not find the mephamphetamine pills they were looking for.
12. What does Mr. Yongyuth do now?
He is deputy leader of the People Power Party (PPP) led by Samak on behalf of Thaksin.
13. Did the police use excessive force? Does it appear that the police shot first and asked questions afterwards? Does this seem right? (Express your opinion)
14. Where did the husband and wife find protection from the gunfire?
Behind the refrigerator.
15. If the husband and wife had been shot dead during the raid and then found innocent, what would have happened afterwards? (Express your opinion)
16. If these people were government officials performing official duties how could they be guilty of committing crimes? (Express your opinion)
17. Why has it taken so long to act on this crime? (Express your opinion)
18. Is it a mere coincidence that the prosecution is happening right as the election campaigns are beginnning? (Express your opinion)
19. Have the elderly couple been harassed in any way after they brought the charges?
Yes, the elderly woman had "received threatening letters warning her to withdraw the lawsuit" and lawyers have withdrawn from the case after being threatened.
20. What kind of positions did Mr. Yongyuth hold in the Thaksin administration?
a. Government spokesman
b. Prime minister's secretary-general
c. PM's Office minister
d. Natural resources and environment minister
21. Don't the elderly couple have to pay a lot of money for the many lawyers helping them? (Use inference)
It appears that the elderly couple is receiving free help in this case from the Lawyers Coucil of Thailand.
("A team of lawyers from the Lawyers Council of Thailand is representing the couple in court.")
