
Critics say that since the defendant will not be present in such a trial, he cannot defend himself and the law is thus unjust. They also charge that this law is directed against a single person – Thaksin Shinawatra – who is now in self-imposed exile.
A trial in absentia may be just if, and only if, the defendant’s absence is truly voluntary – which surely holds true in Thaksin’s case, so I have no problem with that. If Thaksin so wishes, he can appoint a lawyer to defend him in Thailand.
But I suggest that trials in absentia should be used for other serious crimes such as murder as well, where the maximum penalty would be imprisonment for a given number of years, or death. Thus, for example, Red Bull heir “Boss” could and should be tried for his confessed killing of a cop with his Ferrari. If PM Prayut has the political will to bring us under one legal standard, he should make this move.
A law must be just and applied without fear or favour – and that is what we should do.
Burin Kantabutra