Top court verdict can be challenged

However, Chartchai na Chiangmai, a newly appointed spokesman for the Constitution Drafting Commission (CDC), said defendants could only appeal against legal matters. If it is facts they wish to revisit, then they had to produce new evidence, Chartchai said. 

This would make everything just and fair for everybody, he said, adding that in the past politicians facing charges in the Supreme Court were not allowed to appeal. This was the final court, Chartchai said.

In the new charter, however, such cases would be tried on the principles of criminal charges, which would require two courts, he said. When the court finds the defendant guilty, he or she can then appeal to the Supreme Court convention, the spokesman said. 

He added that the composition of the Supreme Court’s Criminal Division for Political Office Holders remains the same, and would comprise nine judges picked specifically for each case. 

Each judge has to hold a position no lower than that of a Supreme Court judge, he said.

The draft charter has also set out that the courts of justice should have a commission tasked with overseeing transfers, promotions and pay raises, he said, adding that this was to ensure the courts were independent and free of any influence. 

Today, the CDC’s subcommittee tasked with gathering public opinions on the draft would meet with representatives from different sectors, including the press, women’s rights advocates, business and environmental groups, to listen to their opinions. 

Chartchai said this served the CDC’s purpose of having all sectors participate in the charter writing process.