Yingluck out, partial cabinet removal

The Constitutional Court has just ruled that the transfer of former NSC boss was hasty, non-transparent, unethical, not in the national interest and unconstitutional. The PM is therefore removed from office as well as the nine cabinet members who participated in the transfer.

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Prime Minister Yingluck Shinawatras arrives at the Constitutional Court yesterday. She testified calmly, denying all wrongdoing, but she appeared openly worried about her fate at the hands of the judges. THITI WANNAMONTHA

15:25  It has just been announced that Niwatthamrong Bunsongphaisan, not Phongthep Thepkanchana, will be the next caretaker prime minister. The actual position may be "acting" prime minister.

15:00 At the moment, there is a big debate going on over whether there is a political vacuum in the country. There certainly is a vacuum in the prime minister position, but some say that one of the remaining 24 ministers, perhaps caretaker deputy prime minister Phongthep Thepkanchana, will become the temporary prime minister.

Yingluck out, partial cabinet removal

The judges of the Constitutional Court were a bit late but they did read their verdict, with representatives of both sides in attendance. It took about 90 minutes.

First, the Court ruled that it did have the authority to decide the case, despite the fact that parliament has been dissolved, a point raised by the prime minister's defence team. The prime minister and her cabinet are still performing their duties in a caretaker capacity.

The Court then considered the prime minister's role in the transfer of former national security chief Thawil Pliensri, based on the case earlier decided by the Supreme Administrative Court. The charter court said it was clear that Ms Yingluck had played an active role in his transfer, contrary to her denials.

The Court then said the transfer was hasty, non-transparent, unethical and not in the national interest. It was clearly aimed as a way to open the position of national police chief for Pol Gen Priewpan Damapong, a relative of Ms Yingluck. This, the court says, constitutes an abuse of power and is unconstitutional. Therefore, the Court ruled, the prime minister has lost her status as the country's political leader, i.e., she is no longer prime minister.

The Court then considered the status of the cabinet. The Court ruled that while the current cabinet should continue to serve in its caretaker capacity until a new government is formed, those members, nine altogether, who participated in the transfer of Mr Thawil should face the same penalty as the (former) prime minister. The nine caretaker cabinet members losing their positions are Surapong Tovichakchaikul , Plodprasob Suraswadi, Chalerm Yubamrung, Kittirat Na Ranong, Siriwat Kajornprasart, Pracha Promnok, Yuttasak Wichaidit, Santi Prompat and Anudit Nakornthap.

Earlier story:

Court rules on PM’s fate

Yingluck downplays family ties in transfer

Manop Thip-osod,
Aekarach Sattaburuth
Prasit Tangprasert

The Constitutional Court will rule today on the status of caretaker premier Yingluck Shinawatra in the case involving the transfer of Thawil Pliensri as National Security Council (NSC) secretary-general in 2011.

Ms Yingluck is accused of breaching the charter in her transfer of Mr Thawil, and an unfavourable ruling threatens her future as prime minister as well as that of her entire cabinet.

Reporters follow yesterday's proceedings on TV at the Constitutional Court. THITI WANNAMONTHA

The charter court will rule on the case today after yesterday hearing testimony from Ms Yingluck, Mr Thawil, former national police chief Wichean Potephosree and Senator Paiboon Nititawan.

The case follows a March 7 Supreme Administrative Court ruling which found the transfer of Mr Thawil as NSC chief unlawful and ordered his reinstatement.

Mr Thawil was moved from the post in September 2011, paving the way for then police chief Pol Gen Wichean to replace him. Pol Gen Priewpan Damapong, a relative of Ms Yingluck, succeeded Pol Gen Wichean as police chief.

A group of senators led by Mr Paiboon lodged a petition with the charter court seeking a ruling on Ms Yingluck’s status following the Supreme Administrative Court findings.

Mr Paiboon told the charter court yesterday Ms Yingluck had abused her authority by transferring Mr Thawil to open the way for Pol Gen Priewpan to become national police chief.

But Ms Yingluck insisted the transfer complied with the law, saying she did nothing wrong in exercising her administrative authority to shift the NSC chief. She said she did not abuse her authority because she was legally authorised to transfer state officials.

Ms Yingluck also noted that the cabinet had nothing to do with the transfer, and insisted she did not stand to benefit personally from the appointment of Pol Gen Priewpan as national police chief.

Pol Gen Priewpan is the brother of Khunying Potjaman na Pombejra, former wife of ousted premier Thaksin Shinawatra, who is Ms Yingluck’s brother.

Ms Yingluck argued that Pol Gen Priewpan’s appointment was not made for the sake of her family because Thaksin had already divorced Khunying Potjaman when the transfer was made.

Mr Thawil told the court his transfer as NSC secretary-general was unlikely to have been for the benefit of the civil service, because Pol Gen Wichean was pressured to quit the post of national police chief to make way for Pol Gen Priewpan.

But Pol Gen Wichean refuted that testimony, telling the court he voluntarily quit as national police chief and his transfer to the post of NSC chief was legal.

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