JULY 2007

31st July 2007

The Council for National Security (CNS)is pulling out all stops to rally supportfor the draft constitution ahead of thereferendum on Aug 19, according to amilitary source.

CNS chief Gen Sonthi Boonyaratkalinhas instructed around 400,000 armedforces members and police officers andtheir families, through their commanders who sit on the CNS, to endorse the draftcharter, the source said.

The officers are expected to take on the role of ''charterambassadors'', and more than 120 military-controlled radiostations have been told to publicise the charter, according to the source.

In last week's cabinet meeting, Gen Sonthi asked the government to urge state officials to cast their ballots in the Aug19 referendum.

''That is a signal for them to accept the constitution,'' said the source.

Gen Sonthi has also ordered the Internal Security Operations Command (Isoc), which has 700,000 staff nationwide under its command, to promote proper understanding of the constitution among rural people.

Isoc spokesman Col Thanathip Sawangsaeng said provincial Isoc chiefs will use door-to-door tactics in their campaign to educate people so they will not be ''tricked'' into rejecting the draft charter.

Focusing on two elements, people's involvement in politics and medical welfare, they are expected to reach out to ''millions'' of  voters, Col Thanathip said.

''We do not instruct them to vote for the constitution. The referendum is about choice. But I believe that they want it to pass so peace can be restored,'' he said.

Third Army commander Jiradet Khotcharat expressed confidence that no less than 70% of northern people would have an understanding of the charter and go to vote.

He said the Isoc in the North made an early start, launching the campaign in February, and had enlisted help from various sectors in training its staff about the draft charter and drawing up a campaign strategy.

The trainers and campaigners are pitted against canvassers of the dissolved Thai Rak Thai party, who are campaigning against the charter, especially in theNorth and the Northeast.

The CNS has also won the backing of two major political parties, the Democrats and Chart Thai, in campaigning for endorsement of the constitution.

Democrat spokesman Sathit Wongnongtoey said party branches across the country have been told to step up the campaign.

Nikorn Chamnong, deputy leader of Chart Thai, said the party members have been told to explain to people why the constitution should pass the referendum.

However, the anti-charter camp led by the United Front of Democracy against Dictatorship (UDD) and former Thai Rak Thai party members are also gearing up for the referendum.

Surapong Suebwonglee, leader of the Thai Rak Thai group, said around 300,000 copies of anti-charter booklets, 600,000 leaflets and 10,000 T-shirts have been prepared for the group's staff.

''Around the end of this week, we will go full steam ahead,'' he said.

UDD sources said around 100 small groups, each comprising eight people, have been despatched to campaign in Bangkok. In the provinces, the group relies on political canvassers.

Meanwhile, deposed prime minister Thaksin Shinawatra criticised the military-sponsored draft constitution and urged voters to reject it in the referendum, the Financial Times reported yesterday.

In an interview from his exile in London, Mr Thaksin described the new charter as the ''fruit of the poisonous tree'' and a ''step back for democracy''.

He said it was less democratic than the ''people's constitution'' adopted in1997 and abolished in last September'smilitary coup against his government.

Mr Thaksin told the Financial Times that voters would prefer to have the1997 constitution restored.

Mr Thaksin described the new charteras an act of ''political revenge''.

30th July 2007

Legal advisers to Thaksin Shinawatra have called the extension of the tenure of the Assets Scrutiny Committee (ASC) hypocritical and unnecessary.

Wichit Plangsrisakul said it ran counter to the original intention of the military junta's initial announcement, which gave the committee one year to complete its task of scrutinising alleged corruption under the Thaksin government.

The original announcement was issued on Sept 30 last year but the Na tional Legislative Assembly (NLA) recently agreed to extend the ASC's tenure until June 30, 2008. As a compromise however, the NLA lifted the legal immunity for the panel's members to allow any damaged parties to sue them.

The extension was an attempt to cling on to power and showed disregard for the authority of the National Counter Corruption Commission (NCCC) and the Anti-Money Laundering Office, Mr Wichit said.

He said some members of the ASC had previously disagreed with extending its tenure. They had clearly gone back on their word and should therefore resign, he said. Those committee members in clude Klanarong Chantik, Kaewsan Atipho, Amnuay Thantara, Banjerd Singkhaneti, Viroj Laohaphan and Saowanee Assawaroj.

Mr Wichit also said there was a hidden agenda behind the committee's decision to reward people who provided tip-offs enabling the freezing and seizure of the assets of Mr Thaksin and his family.

However, Mr Kaewsan, an ASC member, denied Mr Wichit's allegations that the tenure extension was meant to prolong the panel's hold on power.

He insisted that the extension was only to give the panel members more time to clear all the cases under investigation.

Mr Kaewsan said although those cases could be transferred to the NCCC and the Anti-Money Laundering Office, it would be a waste of time for the two agencies to have to start studying details of the cases which they were unfamiliar with from the very beginning again.

Countering criticism of the ASC, Udom Phuengphung, another ASC member, said it was improper for Mr Wichit to make such comments through the media.

If he has any suggestions or objections to make about the work of the ASC,  he should present them in writing to the panel through proper channels, he said.

Teams of lawyers working for Mr Thaksin yesterday also rejected rumours that rifts were emerging between them.

Prakiat Nasimma and Mr Wichit both said a clear line had been drawn in the division of responsibilities of the three legal teams.

One is tasked with providing Mr Thaksin with advice on legal issues, another represents him in court cases and the third acts as his spokesmen.

Mr Wichit's statement was in response to a comment by another lawyer for the deposed premier, Noppadon Pattama, who said the team of legal spokesmen had been disbanded and each lawyer for Mr Thaksin would give their own media interviews.

29th July 2007

The Bank of Thailand, under heavy criticism in recent weeks for its efforts to stem the appreciation of the baht, received strong support yesterday for its policies from the International Monetary Fund.

IMF managing director Rodrigo de Rato praised the central bank's efforts to deal with the challenges of volatile capital inflows and baht appreciation.

"The performance of monetary policy in Thailand has been good. And Thailand today has reasonable inflation and well-anchored inflation expectations," he said on the sidelines of a meeting of Southeast Asian central bank governors yesterday in Bangkok.

Mr de Rato said the cautious approach by the Bank of Thailand on interest rate policies was a sound one.

"Sudden shifts in monetary policy will undermine the credibility of the central bank," he said.

"Avoiding sharp reversals of policy decisions down the road has proven to be ... a crucial element of good policy," he said.

The Bank of Thailand and its governor, Tarisa Watanagase, have come under fire in recent months for failing to take more aggressive action to stem the appreciation of the baht.

The baht has gained 6.5% against the dollar this year and nearly 18% since January 2006 due to the weakening dollar, large trade and current account surpluses and large foreign inflows into the Thai stock market.

Exporters and economists have expressed growing concern that the strong baht will hurt the country's export sector and economic growth, even though exports rose by 18% in the first half of the year compared with the same period last year.

Regulators this month cut interest rates by a quarter-point and passed several measures to ease foreign investment by Thai residents to help ease pressure on the baht and boost growth.

Yet critics have attacked the central bank for failing to reduce interest rates more aggressively to help encourage capital outflows and boost growth. Others have argued that the central bank's intervention policies in the currency market have had little impact, despite running accounting losses of 170 billion baht.

Mr de Rato said the central bank intervention played a role in smoothing out market volatility, and that balance sheet losses that arise from intervention should not necessarily be used to judge a central bank's effectiveness.

"The central bank's balance sheet does not show its effectiveness. The balance sheet is just a measure for its transparency and a tool that helps society understand what the central bank is doing," he said.

"I don't think the performance and the efficiency of central banks is measured strictly from the balance sheets. It has to be decided by the capacity of the central bank to produce price stability and anchor inflationary expectations," he said.

Mr de Rato said currency appreciation should also not be viewed negatively.

"The surge of capital is a worldwide phenomenon and reflects ample liquidity in the market and the growing attractiveness of emerging markets," he said.

"This is good news for emerging markets - the strengthening baht should not be seen as a danger, but rather makes it easier for monetary policy, helps keep inflation in check and attracts more confidence," he said.

Mr de Rato said moves to fix the exchange rate or move away from exchange rate flexibility were misguided.

"To move away from [exchange rate] flexibility to a rigid system might look attractive. But we live in a changing world," he said.

"Competitiveness will not be won by keeping foreign exchange cheap but by increasing the flexibility of the economy and the capacity of countries to maintain flexible exchange rate systems," he said.

Mr de Rato said the IMF understood why countries such as Thailand, faced with heavy capital inflows, might consider capital controls as a means of reducing market volatility.

"I can understand why some countries have considered capital controls, given the difficult trade-offs between domestic and external objectives that countries sometimes face when capital inflows are large," he said in his speech to the conference.

"And controls on capital inflows might succeed temporarily in reducing inflows and easing exchange market pressure," he said.

But Mr de Rato warned that controls often prove ineffective over the long-term and create other market distortions, and welcomed comments made by the Bank of Thailand that existing controls would eventually be lifted.

"A combination of monetary policies that target price stability and encourage capital outflows and recovery in confidence will prove more efficient and long-lived than capital controls," he said.

The Bank of Thailand in December imposed a 30% reserve requirement on foreign inflows as part of its efforts to stem the appreciation of the baht.

Mr de Rato said global imbalances and growing trade protectionism would remain a threat to world markets.

Emerging markets can best guard against the risks associated from rapid capital flows and market disruptions by pursuing sound macroeconomic policies, liberalising rules on capital outflows and developing their domestic financial markets, he said.

Dr Tarisa told the conference that volatile capital flows were a challenge for central bankers worldwide, and that each country had a different strategy. She said "the jury is still out" regarding the success of the December capital flows.

28th July 2007

The detained leaders of the United Front of Democracy Against Dictatorship (UDD) could remain in custody for at least 48 days, Pol Col Supisarn Phakdinaruenat, spokesman of the Metropolitan Police Bureau said yesterday.

All of the nine UDD leaders, except for Jaran Ditapichai, refused to ask for bail and sought to oppose the detention warrants. The court granted a bail request by Mr Jaran, who cited his commitments as a human rights commissioner, on the condition that he must not give media interviews that might provoke unrest.

The rest were moved to Bangkok Special Prison yesterday where they will be detained for at least another 10 days.

PTV executive Chatuporn Promphan, one of the detained UDD leaders, said he and the other leaders would not ask for bail and were prepared to serve further time in prison.

Pol Col Supisarn said the law allows investigators to seek to renew the detention period for the detainees at least four times, each detention lasting 12 days, based on the gravity of their offences. He said the nine leaders face charges that carry penalties of between six months and 10 years in jail.

The detention period for the detainees could be renewed up to seven times if more serious charges are filed against the nine protest leaders.

The anti-coup activists were ordered by the Criminal Court to be put in detention on Thursday night after police sought requests to detain them for their alleged role in the clashes between UDD protesters and police in front of the residence of Privy Council president Gen Prem Tinsulanonda on Sunday.

The nine UDD leaders were placed in police custody at Samsen police station on Thursday so police could carry out legal procedures involving fingerprinting and the processing of documents.

Pol Col Supisarn said the detained leaders reserved their right to request bail, although investigators have reasons to oppose those requests if made, he said, citing fears they might tamper with evidence and incite unrest again.

Pol Lt-Gen Jet Mongkolhatti, deputy commissioner of the Metropolitan Police Bureau, said investigators will travel to the Bangkok Special Prison to interrogate the eight leaders and will spend about one month building their case against the UDD leaders.

A source at the Metropolitan Police Bureau said investigators were compiling evidence, including video tapes of Sunday's clashes, to seek further arrest warrants over the next few days for another 20 people involved in the violence.

At Samsen police station, sympathisers showed up to extend their moral support to the UDD detainees yesterday morning. One of them was prominent social critic Sulak Sivaraksa.

Meanwhile. army chief Gen Sonthi Boonyaratkalin ordered the First Army to send troops to assist police in Bangkok if necessary. He said soldiers would only assist police officers as they cannot move into the capital to supervise and manage security without the decree on emergency situations being invoked.

About 200 riot police together with municipal officials were deployed around Sanam Luang yesterday where about 3,000 people attended a rally held by a ''second generation'' of UDD leaders.

Surachai Danwattananusorn, one of the new UDD leaders, said they and their supporters will visit the eight detainees in prison and will proceed to submit a petition asking for a royal pardon from His Majesty the King.

In Phitsanulok, Third Army soldiers searched a house of Pol Lt-Col Waipot Apornrat, a former Thai Rak Thai MP for Kamphaeng Phet, and found leaflets with messages attacking the Council for National Security, a number of CDs and T-shirts with ''Vote No'' printed on them.

27th July 2007

About 300 anti-coup protesters last night unsuccessfully pressed to visit the nine key leaders of the United Front of Democracy Against Dictatorship (UDD) who were ordered by the Criminal Court to be put in detention.

The court's approval came after police investigators decided to submit requests for detention warrants for the nine in connection with their alleged involvement in Sunday's clashes in front of the residence of Privy Council president Prem Tinsulanonda.

The court ordered the nine UDD leaders to be held in detention at Samsen police station for two days so police could carry out legal procedures involving fingerprinting and the processing of documents.

After that they will be moved to the police detention centre at Bang Khen where they will be held for another 10 days. The law allows police to seek to renew a suspect's detention period six times, each time for 12 days.

Investigators said there are about 200 witnesses to the clashes on Sunday and it would take some time to interrogate all of them.

In the request, the UDD leaders face accusations of holding an illegal assembly of at least 10 people which caused unrest, and of leading illegal acts. They are also accused of resisting authorities and using force to harm authorities. In addition, they also broke the law by holding illegal processions blocking traffic and using loudspeakers without permission, according to the detention request.

They denied the charges.

The nine UDD leaders are PTV executives Chatuporn Promphan, Jakrapob Penkair and Nattawut Saikua; PTV president Veera Musikhapong; Viputhalaeng Pattanaphumthai, spokesman for the Saturday Voice Against Dictatorship; Weng Tojirakarn, adviser to the Confederation for Democracy; Jaran Ditthapichai, former member of the National Human Rights Commission; Manit Jitjanklab, former chief justice of the Criminal Court; and Apiwant Viriyachai, a former Thai Rak Thai party MP.

At 8.10pm, police escorted the nine UDD leaders to Samsen police station from the court.

At 10pm about 300 people gathered outside the police station, cursing the police and demanding to visit the detainees. Police allowed only family members of Dr Weng to visit him inside the station and seized bullhorns from the protesters.

The court decision has raised the ire of the leaders, some of whom went so far as to claim the court had been used as part of the plot against them.

Jakrapob Penkair, one of the detained leaders, was upset about the move by police and said he and the other UDD leaders were caught off-guard by both the police and the court.

"Police set up the situation with the court being a part of it. From now on, there is no telling how the situation would develop and no telling whether violence would erupt or not," Mr Jakrapob said.

An army of supporters of the UDD leaders who showed up at the court vented their anger at the court decision.

They hurled abuse at police and court officials. Riot police were called in to keep security.

Deputy chief of the Metropolitan Police Bureau Pol Lt-Gen Jet Mongkolhatti denied Mr Jakrapob's assertion.

"Police did not betray them. The detention is part of procedures after the protesters were informed of the charges," he said.

The Metropolitan Police Bureau ordered Pol Lt-Col Arkom Chantanalacha, an investigator, to submit a court request seeking detention warrants for the nine UDD leaders.

Than Bunyatulanont, secretary to the Criminal Court, denied allegations that the court was used as a tool against the UDD leaders, saying the court had followed proper legal procedures and it had sufficient grounds for approving detention requests by police.

Gen Prem called on people not to betray their nation. Betrayers are people with ill intentions towards those who have done good deeds for them, he said.

The violence on Sunday prompted the government to order the Foreign Ministry to explain the situation to diplomats and officials of international organisations yesterday.

Diplomats including seven ambassadors, who attended the ministry's briefing and watched a six-minute video recording of the clashes, were optimistic that the situation would not hamper attempts to restore democracy.

A Western diplomat said no one attending even asked about the fate of the protest leaders or whether police treatment of them was too harsh.

"It is good that the briefing was held although the ministry did not provide much detail about the consequences," she said.

Another ambassador said they were told that the protesters had a tendency to use violence.

26th July 2007

Gen Prem Tinsulanonda is considering whether to take legal action against the United Front of Democracy Against Dictatorship (UDD) for defamation, said a source close to the Privy Council president yesterday.

The source said Gen Prem was compiling evidence and would soon decide whether or not to file defamation charges against nine key anti-coup figures.

His move comes after the UDD staged an anti-coup rally outside Gen Prem's Si Sao Thewes residence on Sunday. The protest culminated in violent clashes between demonstrators and police.

The UDD leaders, comprising mostly executives of the People's Television station (PTV) and former members of the disbanded Thai Rak Thai party such as Veera Musikhapong and Jakrapob Penkair, have strongly criticised Gen Prem for allegedly engineering the coup d'etat on Sept 19 last year which toppled the government of Thaksin Shinawatra. They also demanded Gen Prem resign as Privy Council president.

''Gen Prem is still undecided. He is considering whether to sue them [key figures in the UDD] for defamation,'' the source said.

''If Gen Prem decides to proceed against them, he will certainly make the decision known to the public,'' he added.

Gen Prem yesterday gave an interview to reporters for the first time since the demonstration on Sunday, after presiding over an event on counter-corruption organised by the Royal Irrigation Department at Amporn Gardens near his Si Sao Thewes residence.

Gen Prem said he had not been demoralised by the UDD's criticism of him but he was concerned about the ongoing political problems facing the country and wanted peace to be restored.

''I have been working a lot for the good of the country and I will continue to do so until the last day of my life,'' he said.

The source said Gen Prem was not receiving anyone who wanted to give him moral support for the time being, after Prime Minister Surayud Chulanont and Council for National Security chairman Gen Sonthi Boonyaratkalin visited him on Monday.

Gen Surayud said court proceedings against the protesters accused of breaking the law should be allowed to take their course, without any government interference in them.

On the subject of crowd control measures to cope with future demonstrations, the prime minister reiterated that the gatherings must be restricted only to the grounds of Sanam Luang.

Legal action will be enforced strictly against protesters who break out of the area, he said.

He did not rule out emergency rule, saying the government has crowd control measures of varying degrees, ranging from soft to tough.

Gen Sonthi said relevant authorities already have in mind what steps should be taken to deal with the protesters. Legal measures, he said, would be given priority.

The Criminal Court yesterday decided not to consider police requests for arrest warrants for nine UDD leaders, after they agreed to go to court today to acknowledge charges in connection with Sunday's clashes with police.

The court reasoned that if investigators inform the accused of the charges directly, it is not necessary for the court to consider approving arrest warrants for them, which would take quite some time. But if the UDD leaders fail to appear before the court, arrest warrants would be issued.

They were charged with holding an illegal assembly of at least 10 people which caused unrest, instigating unrest and resisting the authorities.

Weng Tojirakarn, a UDD leader, said he and the other leaders would today go to acknowledge the charges at the Criminal Court.

Acting national police chief Seripisuth Temiyavej was upset by the court's decision.

Pol Gen Seripisuth insisted police would not withdraw the warrant requests and said the court should make it clear whether it would approve the arrest warrants or not.Dr Weng, who is adviser to the Confederation for Democracy and one of the nine wanted UDD leaders, said the group was considering bringing video recordings of the events on Sunday to the attention of the United Nations.

25th July 2007

The United Front of Democracy Against Dictatorship (UDD) is carrying out its actions with the obvious intention of damaging the highest institution, Prime Minister Surayud Chulanont said in a statement released yesterday.

The statement was released to the press as Gen Surayud took his cabinet ministers to meet Gen Prem Tinsulanonda to extend moral support to the Privy Council president following Sunday night's riot involving the UDD outside his Si Sao Thewes residence.

Gen Surayud said in the statement that a certain element with an ulterior motive who had lost ''political advantages'' continually tried to discredit Gen Prem through mudslinging tactics.

The group has set its sights on nothing but its own political ends.

''They have demonstrated their intention of undermining the highest institution on which the country and people rely,'' he said.

According to the statement, the constitution clearly stipulates that His Majesty the King appoints the privy councillors and the council president, all of whom provide him with advice.

The Privy Council, therefore, represents a crucial component of the highest institution.

Gen Prem was appointed council president in recognition of his virtues and his moral integrity. Sunday's riot and the smear campaign against Gen Prem was uncalled for and grossly inappropriate, the statement said.

''The government and the security agencies have come to an agreement that swift legal measures must be taken against this group of people,'' Gen Surayud said in the statement, which also conveyed the government's apology to Gen Prem for having been lax in protecting him.

Gen Surayud said after the meeting with Gen Prem that the Privy Council president bore no grudges against the demonstrators. Gen Prem said the riot was unexpected, although he was not concerned about it.

Government spokesman Yongyuth Mayalap said Gen Prem has categorically denied the UDD's allegations that he was behind the Sept 19 military coup which toppled then prime minister Thaksin Shinawatra.

The accusations, Gen Prem said, were repetitive, baseless and provocative, according to the government spokesman.

Deputy metropolitan police chief Pol Maj-Gen Jade Mongkolhatthee yesterday asked the Criminal Court to issue arrest warrants for nine key members of the UDD, allegedly for illegal assembly that caused unrest in the country and for instigating the unrest.

Manit Jitjanklab, former chief justice of the Criminal Court and a UDD leader, also arrived at the court to oppose the warrant request by the police. The court examined the accounts of both sides until late last night and will decide whether to approve the warrants today.

The warrants are being sought for PTV executives Chatuporn Promphan, Jakrapob Penkair and Nattawut Saikua; PTV president Veera Musikhapong; Viputhalaeng Pattanaphumthai, spokesman for the Saturday Voice Against Dictatorship; Weng Tojirakarn, adviser to the Confederation for Democracy; Jaran Ditthapichai, former member of the National Human Rights Commission; Manit Jitjanklab, former chief justice of the Criminal Court; and Apinant Viriyachai, a former Thai Rak Thai party MP.

Early yesterday, Gen Sonthi Boonyaratkalin, the army chief and chairman of the Council for National Security (CNS), watched with police and cabinet ministers a tape of Sunday's clashes between UDD demonstrators and police.

The army chief also confirmed that the law would be enforced more strictly to control future UDD rallies.

He said if similar violence erupts again, the military will be on standby in case the situation gets out of hand. The military will assist the police in riot control only if an executive decree on emergency situations is imposed in Bangkok.

Gen Sonthi denied allegations that soldiers had dressed as policemen and attacked the demonstrators on Sunday night. The CNS chairman also said reports that Mr Thaksin was secretly financing the UDD demonstrators could not be confirmed.

According to Gen Sonthi, the Foreign Ministry and military attaches have been told to explain the incident to the international community.

Supreme Commander Gen Boonsang Niempradit said the world needed to be informed to prevent misunderstandings that the government had hurt people.

Prasong Soonsiri, chairman of the Constitution Drafting Committee, yesterday warned that the UDD would probably plot many more violent attacks.

The ''money owner'' who pulled the demonstration's strings would do anything to whip up unrest and cast the government and the military in a bad light, said Sqn-Ldr Prasong.

He warned the government and the military not to underestimate the group.

The Central Labour Court yesterday ordered Post Publishing Plc, publisher of the Bangkok Post, to reinstate former chief reporter Sermsuk Kasitipradit, who was sacked over a report about cracks in the runway at Suvarnabhumi airport two years ago.

The court ruled that Mr Sermsuk must be rehired in a position and with a salary equal to or higher than he had before his employment was terminated in August 2005.

The company was also ordered to pay Mr Sermsuk its portion of the company provident fund, which it withheld from him when he was dismissed. This was worth 623,700.08 baht.

The company must also pay 7.5% annual interest on the withheld funds, calculated from the day Mr Sermsuk was fired until the day he receives all of the money.

The court threw out Mr Sermsuk's other demands on the company _ 13 million baht in compensation for the loss of employment and career prospects, back pay of 69,768 baht a month for each month since he was fired, and publication of the verdict in the Bangkok Post for 15 consecutive days.

Mr Sermsuk claimed in his lawsuit that the termination of his employment was unfair to him.

Post Publishing Plc was named the first defendant, David Armstrong, then deputy chief executive officer of Post Publishing and acting editor of the Bangkok Post, the second defendant, and Post Publishing's Provident Fund the third defendant.

The case against Mr Armstrong was also rejected yesterday.

Mr Sermsuk said he would consult his lawyer about a possible appeal over the financial compensation.

Post Publishing issued a statement saying it acknowledges and respects yesterday's verdict of the Labour Court in the case brought by Mr Sermsuk.

''There are points in the verdict, however, with which we disagree and our initial legal advice is that there may be grounds for an appeal,'' it said.

''When the full transcript of the verdict is available, we will study it and then decide how to proceed.''

Mr Sermsuk's lawyer Nakhon Chompoochart said the court based its verdict on the Act for the Establishment of and Procedures for the Labour Court.

The act does not state the rights of the dismissed employee in demanding compensation from his or her former employer, said Mr Nakhon.

This makes Mr Sermsuk's case different from that of the former iTV employees, in which the court ruled they were unfairly dismissed for forming a labour union. The court in 2005 ordered iTV Plc, operator of the now-defunct iTV station, to reinstate the former staff and to pay them salary compensation from the day they were dismissed to the day they were reinstated.

The Labour Court had considered the iTV case on the basis of the Labour Relations Act, which enables unfairly dismissed employees to obtain compensation, Mr Nakhon said.

He would study the verdict in Mr Sermsuk's case before making recommendations to his client.

After the verdict Mr Sermsuk said he was happy with the outcome, which vindicated him.

''It proves that I honestly and properly carried out my duty regarding the runway cracks report, and that I did not handle the news report with recklessness as accused,'' he said.

Mr Sermsuk said he had strong ties with the Bangkok Post after 23 years with the company and he would love to work with the editorial team again.

In August 2005, the publication of the runway cracks report on the front page of the Bangkok Post drew fire from the then Thaksin Shinawatra government, which denied the existence of the cracks. Mr Sermsuk was later fired from the newspaper, while his immediate supervisor, then news editor Chadin Tephaval, was forced to resign.

The management of Post Publishing had defended its action, saying the disciplinary steps were taken because an investigation committee set up by the company management found that the two senior journalists did not perform their duties properly.

24th July 2007

Leaders of the anti-coup rallies yesterday shrugged off the arrest warrants issued for them and challenged police to capture them to face charges of engineering Sunday's protest at Si Sao Thewes, which culminated in violence.

The demonstration by about 4,000 people in front of Privy Council president Prem Tinsulanonda's residence was aborted shortly after midnight, after 200 riot police and 30 demonstrators suffered injuries, according to police and the Public Health Ministry.

Protesters from the United Front of Democracy Against Dictatorship (UDD), formerly known as the Democracy Alliance Against Dictatorship, regrouped yesterday at their stronghold at Sanam Luang, drawing 6,000 members to voice their opposition to the police action.

Eight of them face arrest warrants on several counts, including illegal assembly, anti-government movements, defying police orders and attacking police, damaging property and shouting insults.

The alliance will counter the police by showing evidence today that police hurt the demonstrators.

Viputhalaeng Pattanaphumthai, one of the police targets to be arrested, used the rally at Sanam Luang to challenge authorities to arrest him and his colleagues so they could take the opportunity to file a counter-complaint against the Sept 19 coup-makers.

Another target, Nattawut Saikua, expressed his readiness to fight for justice in court instead of seeking bail.

Weng Tojirakarn and Jakrapob Penkair vowed to continue with daily rallies at Sanam Luang and campaigns in other provinces to oust Gen Prem and the Council for National Security (CNS).

The UDD considers Gen Prem a key figure behind the coup, which ended the premiership of Thaksin Shinawatra.

The clashes prompted CNS chairman and army chief Gen Sonthi Boonyaratkalin to apologise to Gen Prem and to warn his opponents that the patience of the armed forces was wearing thin.

The armed forces were ready to take action if the general public felt they had had enough of the unrest, he said.

Prime Minister Surayud Chulanont held talks with acting national police chief Pol Gen Seripisuth Temiyavej for half an hour at Government House to discuss the situation yesterday.

Gen Surayud admitted his concern over Sunday's clashes but indicated his desire to end the political conflict with the UDD through talks. The government will try to convince key protesters to act within the rule of law, he said.

''I don't know whether the political situation will get worse or not,'' he told reporters, but said that he was still not thinking of declaring a state of emergency to control the situation.

Pol Gen Seripisuth, however, took a tough stance on the demonstrators in the wake of Sunday's clashes.

He has ordered every possible charge against all rally leaders and their supporters who attacked police. He also warned future rally-goers not to leave Sanam Luang or else face harsh measures from police.

Police were seeking arrest warrants for the eight leaders and other supporters who were caught on tape in their acts on Sunday, Pol Gen Seripisuth said.

''We cannot let them cause unrest. I have always tried to be patient but what happened on Sunday was too much,'' he said. ''Police tried not to have problems with people but they did not listen. From now on, we'll act by the law. I'll do my duty,'' he added.

Pol Gen Seripisuth defended the police decision to use force to stop the protest in front of Gen Prem's residence because protesters attacked police first.

On Sunday night, police arrested six suspects from the clashes.

They were Noparuj Worachitwuthikul, 36, a leader of the White Dove 2006 group, Banthong Nopakham, 40, Veerayut Seniwong na Ayutthaya, 44, Saravoot Longseng, 26, Veerasak Hempurin, 59, and Wanchai Nabuddha, 40.

They were being detained at Thung Song Hong and Bang Khen police stations and police refused to release them on bail. They were initially charged with illegal assembly and resisting arrest, and attacking police.

23rd July 2007

The academics are demanding the government reinstate the 1997 constitution right away to ensure a general election this year. The group consists of Worachet Pakeerut, Piyabut Saengkanokkul, Theera Sutheewarangkul, Prasit Piwawathanapanich, Janjira Iemmayura and Thapanant Nipitthakul.

Releasing their statement yesterday, Mr Worachet said people should reject the draft charter in the Aug 19 referendum because that was the only way to express their disapproval of the junta and the aristocracy.

Rejection through the referendum was a peaceful way of demanding the coup leaders' departure and return of the rule of law to pave the way for the return of democracy.

If the draft is rejected, Mr Worachet said, the Council for National Security (CNS) should reinstate the 1997 constitution without any amendment within 15 days, and hold the general election within the following 60 days. This would allow elections this year, as the government and other parties expect.

The law lecturers also demanded that the CNS, the National Legislative Assembly, the Constitution Drafting Assembly and the Assets Scrutiny Committee (ASC) step down.

The ASC could transfer its investigations to the National Counter Corruption Commission, they said.

The Surayud Chulanont administration could stay until there is a new government. Independent organisations should continue their work for up to 18 months, in order to end their terms simultaneously with a constitution reform organisation the next parliament would establish.

The constitution reform organisation could write another charter which would be really democratic and mend the damage caused by the old constitution and orders linked to the military junta.

The group cited the Constitution Tribunal's order suspending the political rights of 111 former executives of the Thai Rak Thai party for five years as an example of some of the damage that needs to be mended.

''They will lose their political rights for five years. This is the result of a coup announcement that has an adverse retroactive effect on those people. I don't think it is fair,'' Mr Worachet said.

The statement said rejection of the draft charter would not cause the postponement of the general election. The polls could be called right away if the 1997 constitution were reinstated, along with the 1998 laws on the election of a House of Representatives and Senate.

The Constitution Drafting Committee did not need to draw up a new election law.

The statement said the new charter came from the coup council, which appointed the members of the Constitution Drafting Assembly, directly selected 10 members of the assembly's 35-member Constitution Drafting Committee, and selected the chairman of the drafting committee.

The lecturers think the drafters were influenced by the CNS and other people. They intended to undermine political rivals and prevent them returning to power.

The draft charter is non-democratic because it reduces the people's exercise of power through elected representatives and senators while increasing the political power and roles of senior government officials and the judiciary, the academics said.

Senior government officials and the judiciary would control a committee which would appoint 74 out of 150 senators.

As senators would have power to expel senior political officials, it was unfair to authorise appointed people to oust elected representatives.

The Thammasat group also disagrees with the way the 80 party list MPs will be elected through eight clusters of provinces. This system would discourage political parties from drawing up good policy platforms for the whole nation, it said.

Under the old system, the whole nation was a single constituency for the party-list election.

The academics also disagree with the charter giving amnesty to the coup council and others working under its orders. Giving the same amnesty as that under the interim constitution would be tantamount to protecting the coup council and its associates no matter what they do in the future, the academics said.

22nd July 2007

The outcome of the much-anticipated draft charter referendum will not derail a plan for new general elections before the year's end, Minister to the Prime Minister's Office Thirapat Serirangsan said yesterday.

With the Aug 19 referendum less than one month away, the government had no intention to set conditions that backing the constitution would quickly lead to elections.

People should make the decision based on the merit of the charter. ''To vote 'yes' or 'no' is less important than seeing many people coming out to exercise their right to vote,'' he told a roundtable at the Thai Journalists Association.

''I do not want people to believe that rejecting the charter means the elections will be delayed,'' he added.

But Mr Thirapat called for voters not to judge the draft charter because it had been written by drafters selected by the Council for National Security.

The draft charter was not designed to allow the CNS to hold on to power, unlikle previous charters written by coup makers, he said.

Instead, this version tried to create better mechanisms to prevent corruption and restore full democracy to the country, he added.

The draft charter faces opposition from anti-coup groups, some students, and the Thai Ruam Thai group, the successor of the banned Thai Rak Thai party founded by now ousted prime minister Thaksin Shinawatra.

Its opponents, including Mr Thaksin, argued there would be no democracy resulting from a charter designed by the armed forces.

A network of northern non-governmental organisations yesterday said it encouraged its members, comprising farmers, land reformers, Aids patients and non-mainstream media, to make their own decision.

The group will embark on a campaign to educate members about both sides of the draft and the need for political reform, said network adviser Suriyan Thongnu-eard.

''The decision on the draft charter is not so important as determination to reform politics,'' he said.

If the draft charter is turned down, the CNS and the government will jointly pick one of the old constitutions as a legal basis in running the country. The 1997 constitution is widely tipped to be selected even though the CNS has not made the issue clear.

Thammasat University law lecturer Prinya Thaewanarumitkul and his colleague from Chulalongkorn University Nanthawat Boramanan urged the coup makers and cabinet to take a stand rather than keeping voters guessing on the matter.

They proposed the 1997 constitution be used in case the draft charter is rejected. But it should add clauses allowing the drafting of another constitution, they added.

The lecturers said measures were needed to punish officials who abandoned their neutrality by trying to convince voters to vote for or against the draft charter. It was fine to tell people to vote, but not to tell them which way to vote, or offer inducements.

But the minister said the interim charter did not allow the CNS and government to take a formal position. They had to wait until the end of the referendum, he added.

''Personally I don't think the government and CNS will make a decision against the people's will,'' he said.

21st July 2007

Pranksters who hacked into the Information and Communications Technology (ICT) Ministry website on Thursday, posting a picture of Thaksin Shinawatra along with anti-dictatorship statements on its homepage, may be European-based Thais with sympathies for the ousted government, officials said yesterday. ICT Minister Sitthichai Pookaiyaudom said an investigation into the IP addresses of the hackers showed the web attacks were carried out from Europe. Officials said attacks were launched from three countries, one of them Germany.

Mr Sitthichai admitted the website of the ICT ministry had been hacked into on two occasions due to the negligence of ministry staff.

He said they had left the remote access terminal switched on at all times, which made it easy for anyone to hack into the website if they could find the pinpoint access code.

Thanit Praphatnant, of the ministry's legal division, went to the Thung Song Hong police station yesterday to lodge an official complaint regarding the hacking of the www.mict.go.th website.

The act violated laws under the controversial Computer Crime Act, which was enacted a day prior to the sabotage. Under the new laws, the hacker is liable to up to 15 years in jail and a maximum fine of 300,000 baht.

According to the official, pictures of Mr Thaksin and Sept 19 coup leader Gen Sonthi Boonyaratkalin and a message calling for the return of Mr Thaksin were posted on the ministry's homepage.

Mr Thanit said he gave information to police that suggested three possible locations of the hackers, but refused to give any more details to the press.

The hacking of the ICT Ministry's website has been a cause of embarrassment for the ministry.

The event has prompted other government and state authorities to step up their defence of their websites.

Col Thanathip Saengsawang, spokesman for the Internal Security Operations Command, said the armed forces were actively monitoring their websites.

However, Gen Sonthi brushed off the web intrusion saying the hacking of the ministry's website was apparently just carried out ''for the fun of it''.

20th July 2007

The Constitution Drafting Assembly's sub-committee on charter production yesterday pointed a finger at two officials attached to the parliament secretariat over alleged malpractice in the 285-million-baht project to produce 20 million copies of the draft charter.

Siva Saengmanee, who chairs the CDA's charter production panel, said the legal team in charge of the terms of reference (ToR) and contracts had written the contract with the printing firms in a way which disregarded the CDA's directive. The CDA had specifically instructed that the ToR and the contracts must stipulate that the state-owned printing houses selected to print the copies must not sub-contract the work to private firms.

The ToR mentioned nothing about the ban and in the contracts which the printing houses signed, a clause was appended authorising sub-contract work in the event that the printers could not produce the copies in time.

Mr Siva said the CDA's original intention was to reserve the charter printing work for state-owned printing houses through a special procurement method. But that objective now seems to have been twisted, with private firms offered a slice of the budget.

Mr Siva's comment came after news reports suggested that eight out of the nine state-owned printing houses made gains of at least 10 million baht from the production of 20 million copies of the charter.

They were contracted by the parliament secretariat to print 20 million copies of the charter at 14.25 baht apiece.

However, they sub-contracted the job to privately-run printing houses at different prices. The price differences ranged from 1.41 to 2.25 baht per copy.

Mr Siva said the sub-committee assigned Prawit Tangjaiman and Supamas Noichan, who served on the panel, to coordinate with a panel drafting the ToR on which both of them served.

Mr Prawit is director of finance and budget attached to parliament and Ms Supamas is parliament's deputy secretary-general.

It turned out that the ToR drafting committee did not include this condition in the ToR and claimed that it was to prevent damage which might be caused by printing delays, said Mr Siva.

''The committee drew up the draft ToR for the country's interest but two officials dropped it without informing us. We learned about this from someone else,'' he said.

He said the two officials explained that ''they forgot'' to inform the sub-committee of the revised ToR.

Mr Siwa said the CDA's sub-committee might have opted for a bidding had it been informed that the ToR were revised, and the production costs could have been lowered to 11 or 12 baht per copy.

''What they did is against our objective. But I cannot tell if they have a vested interest in this,'' said Mr Siwa. He said the two officials would be held accountable if it was found out that they caused damage to the state. He said parliament's secretary-general would decide whether or not to investigate the matter.

The eight state-owned printing houses that sub-contracted the project are:

- The Federation of Agricultural Cooperatives's printing house. It hired a private operator to print 800,000 out of 1.5 million copies at 12 baht apiece.

- The Provincial Administration Department's printing house. It hired two private printing houses to print one million copies at 12.20 baht.

- The National Buddhism Office's printing house. It hired two printing houses to print 3.5 million copies for a price not disclosed.

- The police printing house. It hired two operators to print two million copies at 12.84 baht apiece.

- Thammasat University's printing house. It hired four printing houses to print two million copies at 12.60 baht.

- The cabinet and Royal Gazette printing house. It hired three printing houses to print two million copies at 12.84 baht and 13 baht apiece.

- Kurusapa Business Council's printing house. It hired two printing shops to print four million copies at six baht apiece, but the council paid for the paper.

- Rajabhat Suan Sunantha University's printing house. It hired a private operator to print two million copies for an unknown price.

The attack on the website, at www.mict.go.th, came a day after an act aimed at curbing cyber crime took effect on Wednesday.

ICT Minister Sitthichai Pookaiyaudom said the hacker got into the website late yesterday morning, changed its standard background colour to black and posted disparaging remarks about the ''dictatorship'', along with a picture of ousted prime minister Thaksin Shinawatra.

The site was taken down, cleaned up and put back on line in the afternoon.

Mr Sitthichai said CAT Telecom staff and other agencies were helping to track the hacker through his machine's IP address.

''I think the hacker might be a young prankster rather than a political enthusiast. He got nothing at all from hacking into our website because it is not so popular, given the low number of website visits.

''Look on the bright side _ this means young Thai people are more technically capable, but they misuse such competence,'' the ICT minister added.

However, he admitted that the prank showed that the website's security against cyber attacks was clearly inadequate.

The hacker placed a picture of the deposed prime minister under a Thai flag along with offensive messages beneath the picture. The hacker also posted an anti-government song on the website.

The ICT website was also attacked by a hacker during Mr Thaksin's government. The hacker was arrested and later offered work as a cyber inspector.

The new law requires internet cafes and internet service providers to keep a data log for access by inspectors.

19th July 2007

The National Legislative Assembly (NLA) yesterday passed in two straight readings a bill lifting a ban on political activities and allowing registration of new political parties.

The bill revoked part of the Council for Democratic Reform's announcements Nos 15 and 27 that barred parties from conducting activities and suspended the process of registering new parties after the Sept 19 coup last year.

However, the legislation did not address a proposal seeking to prohibit use of names and logos of parties which have been dissolved by the Constitution Tribunal.

Prapan Khoonmee, who sits on the NLA's panel scrutinising the bill to lift the coup-makers' orders, said the proposed ban on use of those names should be covered by the Political Party Act.

''We agree that social and legal measures are needed to remind politicians of their responsibilities. The committee feels that it [the ban] should be put in the Political Party Act,'' he said.

Mr Prapan told the NLA that amendments to the law to cover the ban would be sent to the NLA for consideration next week.

Under the proposals, a ban on the names and logos of dissolved parties would take effect for five years and the political party registrar is required to announce the names of dissolved parties in the Royal Gazette.

Questions have been raised whether former members of the dissolved Thai Rak Thai party could register a new party under the old name while the ban is not yet in effect.

Sutthipol Thaweechaikarn, secretary-general of the Election Commission (EC), said that technically it was impossible to register a party under the Thai Rak Thai name as it would cause confusion.

He said the dissolved Thai Rak Thai party still existed on paper to allow for examination of its accounts by the Office of the Auditor-General.

18th July 2007

Yala _ Insurgents lured a bomb disposal squad and a crowd to a blast site then exploded another, bigger device in downtown Yala yesterday, killing a bomb expert and injuring 18 other people including Bangkok Post stringer Maluding Deeto. Pol Snr Sgt-Maj Subin Paritmongkol, who lost both his arms and legs and suffered 80% burns, died in hospital three hours later.

The officer was part of a four-man bomb disposal team called to check on a minor bomb attack at 7.15am. The front basket of a motorcycle exploded outside the Yala Boonsri shop on Rod Fai road, near the railway station.

During an inspection of the motorbike, a powerful bomb hidden inside went off, injuring police officers, news reporters and bystanders.

Police confirmed that the officers had followed standard procedures _ sealing off the area and cutting off mobile phone signals _ to prevent a second strike.

But the second blast was detonated by a remote control whose inconsistent frequency could not be intercepted, police said.

The first bomb was a low-powered one wired to an alarm clock.

Eight policemen including four bomb disposal experts were injured. Pol Snr Sgt-Maj Subin, one of the experst, died in hospital three hours later.

The three other bomb experts, who remained in hospital yesterday, are Pol Snr Sgt-Maj Sanan Suanchan, Pol Sgt-Maj Paisan Pimthong and Pol Lt Pairoj Muangsuwan.

The four other wounded officers are Pol L/C Pachon Bua-im, Pol Capt Sucharit Wongket, Pol Snr Sgt-Maj Prasit Boonma and Pol Sgt-Maj Sa-nguan Kaewsuksai.

Pol Snr Sgt-Maj Prasit and Pol Sgt-Maj Sa-nguan were later released from hospital.

Four reporters were injured _ Mr Maluding, Ahmad Ramansiriwong from TITV and the Issara News Centre, Akekarak Srirung from Channel 3 television and Surapan Boontanom from the local Chao Tai daily. Mr Maluding and Mr Ahmad remained in hospital.

Seven bystanders sustained minor injuries.

The latest bombing came on the same day the cabinet extended emergency rule in Yala, Pattani and Narathiwat for another three months from July 20, reasoning that militants continued to attacks officials and civilians, thereby undermining national security.

The emergency powers give security forces broad immunity from prosecution and, among other measures, allow authorities to detain suspects for up to 30 days without charge, search and arrest people without warrants and tap phones.

In another attack, Doramae Biding was killed in a drive-by shooting at a tea shop in Yala's Yaha district yesterday.

17th July 2007

Respected social thinker Prawase Wasi has warned Council for National Security (CNS) chairman Gen Sonthi Boonyaratkalin not to repeat the mistake of previous coup leader Gen Suchinda Kraprayoon by entering politics.

Dr Prawase said entering politics in this way would be like "jumping into a black hole" and would wipe away all the respect and glory Gen Sonthi has spent his entire life building.

The decision would damage not only Gen Sonthi but also the military and the coming elections, he said.

The scholar referred to Gen Suchinda, the army chief who led the 1991 coup against then prime minister Chatichai Choonhavan. The general then took up the premiership, only to step down in disgrace following the 1992 Black May uprising.

He said Gen Sonthi would certainly be criticised for clinging to power and accused of having an agenda in staging the Sept 19 coup.

Besides, his political role would unavoidably link the army with politics, which would make professional soldiers uneasy and not do the country's democracy any good.

It was of the utmost importance that the military maintained its professionalism and neutrality and was free from politics, said Dr Prawase.

The general election would not be seen as fair if the coup leader chose to run under the banner of any political party, he said.

History showed that money-backed politics and military-backed politics led the country into crisis. Only wisdom and righteousness could steer the country away from crisis.

"The CNS chairman must think hard and think fast because the tree of mistrust is growing day and night," Dr Prawase said.

Gen Sonthi's vague and elusive responses, like those of a politician, had caused wide speculation, which also creates mistrust, he said.

"Stop" and "enough" were key, eternal words that he should stick to, like the Lord Buddha when facing Angulimala (a ruthless killer who was redeemed by conversion to Buddhism) and Gen Prem Tinsulanonda when people asked him to stay on in power, he said.

"Enough does not mean ending your responsibility to people and to goodness," Dr Prawase said.

16th July 2007

Divisions appear to have emerged among non-governmental organisations which have taken different positions on the draft constitution, to be put to a vote in a referendum set for Aug 19. The network of activists led by the People's Assembly for Political Reform (PAPR) has thrown its weight behind the draft charter and pledged to endorse it on the condition that amendments are made to certain clauses that it says would obstruct political reform.

The network, which includes key groups like the Campaign for Popular Democracy, argues that although the draft may contain some flaws, it is necessary to endorse it in order to break the ongoing political gridlock and move the country towards democracy.

The NGO Coordinating Committee on Development (NGO-Cod), meanwhile, rejects the draft, saying it lacks mechanisms to bring about political reform.

Jon Ungphakorn, chairman of the NGO-Cod, said his network disapproved of the draft charter in many areas.

For example, he said, it excludes the basic rights of people to dictate their own social, economic and cultural development.

The network says the draft charter would also allow the judiciary powers to select individuals to sit on the independent agencies. It added there was a tendency for agencies to serve technocrats and not the people.

The network called on the coup-makers to have the 1997 charter amended and re-promulgated, saying a delay in holding the general election would be acceptable.

The network also criticised the referendum bill, which limits the options for voters to only ''yes'' and ''no''.

Phairote Pholphet, deputy chairman of the NGO-Cod, said that despite the fact that they had taken different stands on the draft charter, there was no serious rift among non-governmental organisations.

They may differ in opinion but each group still respects the different opinions of others, he said.

His group refuses to support the draft charter because it does not think its content measures up to the task of political reform.

Pibhop Dhongchai, a PAPR member, said the network's position is that democracy must return to the country as soon as possible and everyone must work together to overcome the political impasse.

To achieve this, it is necessary to endorse the draft charter first, to pave the way for the general election to take place by the end of the year, he said.

The endorsement of the draft charter will provide a way out of the political crisis, he added.

''We think it necessary to endorse the draft charter and right after that we will campaign for amendments to it,'' he said.

Mr Pibhop said the endorsement of the draft charter could head off the conflict between the coup-makers and those siding with ousted prime minister Thaksin Shinawatra.

If the draft is shot down at the referendum, Mr Thaksin's supporters will take advantage of this to challenge the coup-makers, which would make things go from bad to worse, he said.

Somsak Kosaisuk, head of the PAPR, said the group has agreed to endorse the draft charter in the referendum, although several articles in it are designed to enhance the powers of high-ranking members of the bureaucratic system.

He said that when the draft charter is promulgated, the PAPR will collect 50,000 signatures to propose amendments to it.

Meanwhile, an opinion poll by Assumption University found that most people in 12 major provinces, including Bangkok, agree with the fundamental content of the draft constitution.

The survey by the Centre of Abac Social Innovation in Management and Business Analysis found that 57% of those polled supported the main substance of the charter, 23% did not and 20% gave no comment.

A total of 3,146 people responded to the poll, which was conducted from July 5 to 14 in Bangkok, Chiang Mai, Phitsanulok, Lop Buri, Pathum Thani, Chon Buri, Kanchanaburi, Khon Kaen, Nakhon Ratchasima, Ubon Ratchathani, Songkhla and Surat Thani.

The survey found that 82% have no idea when the referendum on the draft charter will be held, while 18% say they do. The referendum is tentatively set for Aug 19.

15th July 2007

Businesses and local bodies have raised concerns about plans to reopen the site of the Royal Flora Ratchaphruek expo as a botanical garden. They claim the reopening of the 470-rai plot early next month as a tourist destination lacks a comprehensive management and marketing plan to make it financially viable and sustainable.

The Agriculture Department plans to reopen the site, which will be managed by a new agency called the Chalermphrakiat Ratchaphruek Garden Administration Office, on Aug 3 as a botanical garden. It has been closed since the three-month-long expo came to an end on January 31.

Thanawat Yodchai, chairman of Mae Hia tambon administration organisation, said yesterday the department had not sought any cooperation from his office in supporting the scheme.

He said his primary concern was flooding and rubbish management at the site, which is under the jurisdiction of the tambon administration organisation (TAO).

According to the TAO chairman, several villages surrounding the expo site had been inundated by water released from the site.

He also said possible chemical contamination of water resources posed health concerns as the site houses more than two million trees and plants.

However, he said public health authorities would attend to the problem.

''As a local authority, Mae Hia TAO is ready to manage garbage disposal for the site. I expect lots of refuse after the reopening,'' he said.

He added that he was not properly informed of the purpose of the reopening.

Narong Tananuwat, president of the provincial chamber of commerce, criticised the department for ''going it alone'' on the project.

''The management framework for the project is important. A state agency cannot do it alone. It needs cooperation from other sectors,'' he said.

Besides management, planning marketing plans were also required in order to draw tourists, he said.

''I cannot say if the project will survive under the present economic environment. I have never seen a public relations campaign or event activity [to promote the site],'' he said.

He added that if the project is to be developed as a botanical garden, those in charge should coordinate with education institutes to turn the site into a learning centre.

Duentemduang na Chiang Mai, mayor-elect of Chiang Mai municipality, said it remained to be seen whether the site could be turned into a tourist destination. She said the limited budget was a major obstacle.

According to Ms Duentemduang, the provincial administrative organisation was also interested in operating and managing the site.

Maitree Yaowarat, director of Chalermphrakiat Ratchaphruek Garden, said re-landscaping is underway to prepare for the reopening.

He said the exhibition buildings had been removed but the plants and trees, especially the dozens of international gardens, had been kept intact.

The gardens, which were the highlight of the flora expo, remained pretty much the same, he said _ except for the tulip garden arranged by the Netherlands during the event.

He said the department would contact the embassies of countries that took part in the flora expo to organise future exhibitions.

However, Lt-Gen Yongyuth Puangthong, former chairman of the committee in charge of construction and infrastructure of the royal flora project, said it was a pity the site had sat empty and unused since the end of January.

His view was echoed by Dee Kantharak, kamnan of tambon Mae Hia.

''The government invested billions of baht in the project and should have made use of it to benefit both the state and the local community,'' he said.

14th July 2007

A panel vetting the referendum bill yesterday promised harsh penalties against political groups that resort to ''undemocratic'' means to have a new charter voted down in a referendum. Prime Minister's Office Minister Thirapat Serirangsan, who chairs the committee, said the panel would consider any acts or processes deemed undemocratic when it started deliberating the draft on July 16.

Harsh penalties, both fines and imprisonment, have been proposed for those who bribe or intimidate voters to reject the charter.

''I think people have the right to reject the draft charter and that is in line with democracy.

''But people should not use undemocratic means [to urge people to vote down the draft charter],'' he said.

According to Mr Thirapat, undemocratic means include bribing and intimidating. His comment followed the arrest of a man in Phrae province who allegedly posed as a military officer and paid people to join a rally against the draft constitution.

Mr Thirapat said the referendum bill was expected to be handed over to the National Legislative Assembly on July 18. Second and third readings were tentatively scheduled for July 25, and the bill was expected to come into force in early August, he said.

The PM's Office minister also criticised attempts to use Council for National Security chairman Gen Sonthi Boonyaratkalin's interest in politics to rally people against the draft charter.

He said the constitution was about a public commitment on how the country should be governed, while Gen Sonthi's political career was strictly the affair of an individual.

''Whether or not it is appropriate for him to contest the [next] general election is open to criticism, which, of course, has nothing to do with his right to run. If people consider it inappropriate, they will not vote for him or his party,'' the minister said.

Mr Thirapat said he had not heard any criticism so far that the draft charter was written in a way to help Gen Sonthi prolong his stay in power.

The minister also welcomed a planned debate on the draft constitution.

The debate would be organised by the People's Network for Elections (P-Net) early next month.

He said the debate should help raise people's awareness about the referendum, to be held on Aug 19, and create a better understanding about its content.

13th July 2007

Court summonses were put up outside the houses of ousted prime minister Thaksin Shinawatra and his wife Khunying Potjaman yesterday ordering the couple to appear in court on Aug 14.

The Supreme Court's political crime section issued the summonses ordering the couple to appear in court to testify in the case alleging corruption against the two for the 772-million-baht purchase of a land plot in the Ratchadaphisek area in 2003.

Mr Thaksin was charged by the Assets Scrutiny Committee (ASC) with misusing his office while prime minister to influence the land deal which his wife was able to clinch at below the median price.

Chief prosecutor Seksan Bangsomboon and a team of court officials, accompanied by Bang Phlad police chief Pol Col Sa-ngob Ard-doddorn, yesterday delivered a summons to Mr Thaksin's residence on Charan Sanit Wong Soi 69 in Bang Phlad district.

Nobody emerged from the house to sign for the summons and a copy of the lawsuit against the couple was then hung on the gate. Two policemen are standing guard to prevent anyone from removing the summons. The delivery process was videotaped by the team.

Mr Seksan's team later headed to another address on Rama V road which was registered in Khunying Potjaman's name to deliver a second summons.

The three-storey building, adjacent to an old office of the Shinawatra Computer & Communication Group, appeared deserted.

Dusit district official Somporn Meehadsai said Khunying Potjaman gave the address in the household and building tax forms. She also cast her ballot in the previous general election in the Dusit area where the building is located. The summons was pasted to the building's glass entrance.

Last month, the prosecution indicted Mr Thaksin and his wife on corruption and malfeasance charges over the 772-million-baht Ratchadaphisek land purchase.

The Supreme Court's political crime section agreed to hear the case. Mr Thaksin was named the first defendant and his wife the second defendant.

The 33-rai plot was sold to Khunying Potjaman in 2003 by the Financial Institutions Development Fund (FIDF), set up to rehabilitate financial institutions affected by the 1997 financial crisis.

The FIDF bought the land from Erawan Trust and put it up for auction. Khunying Potjaman tendered the highest bid of 772 million baht, on a valuation of 870 million baht.

Mr Thaksin gave consent to the land purchase and submitted a photocopy of his identification card as prime minister to endorse the deal.

According to the indictment, as prime minister Mr Thaksin was in charge of overseeing the FIDF and its finances, which made the purchase a conflict of interest. The anti-corruption law bars state officials and their spouses from doing business with a state agency.

Nonthasak Poolsuk, deputy director-general of the special litigation department, said once the summonses were put up at the defendants' places of residence, they were presumed to have been acknowledged by the defendants.

The prosecution will wait until Aug 14 to see if the couple comply with the summonses. If they fail to appear as ordered, the court will consider whether to approve warrants for their arrest.

12th July 2007

Justice permanent secretary Jarun Pukditanakul yesterday suggested that in-car visual entertainment devices be banned whilst driving. His suggestion came after the cabinet on Tuesday approved a draft amendment which would prohibit the use of mobile phones while driving, a move aimed at reducing road accidents.

Use of hands-free sets is likely to be allowed, however.

Mr Jarun said the proposed ban, which will be examined by the Council of State, should be extended to cover entertainment devices, especially in-car karaoke and television sets.

He said using such entertainment devices while driving is probably more dangerous than using mobile phones.

Deputy city police chief Pol Maj-Gen Watjanont Thirawat said police and authorities concerned will work together to consider appropriate punishments for offenders.

Under the proposed draft, violators of the ban would be subject to a 400 to 1,000 baht fine.

Police spokesman Pol Lt-Gen Ronarong Yangyuen said the ban would not open a door for traffic police to take bribes or extort money from motorists.

He said the ban was introduced for the safety of motorists and the public at large.

He said the ban is not all-out and police would have to consider in what circumstances the use of mobile phones can be allowed.

For example, motorists may use their handsets while their vehicles are not moving, he said.

11th July 2007

The question for Council for National Security (CNS) chief Gen Sonthi Boonyaratkalin is not whether he will enter politics, but under what banner he will contest the general election, according to a source in a team preparing the ground for the coup leader's transition. The fact that Gen Sonthi has never ruled out the possibility of running for parliament and always plays national security as his trump card has lent much weight to the speculation.

A source close to him said that Gen Sonthi, whose mandatory retirement as army chief is at the end of September, will seek election because he wants to ensure that the Sept 19 coup was not a waste of time.

Gen Sonthi has several choices to consider, said the source.

''The primary reason is that he has to protect himself and the CNS from political revenge. The existing political parties are not capable of standing up to Mr Thaksin [Shinawatra], so what the CNS has done [since the coup] would be wasted.

''It is not about prolonging the stay in power. It is about keeping Mr Thaksin away,'' said the source.

Gen Sonthi may stand for a seat in the House under the banner of Rak Chat (Love the Nation), a party to be formed by Orient Thai Airways executive Kachit Tappananont, or a political party to be formed by assistant army chief Gen Saprang Kalayanamitr, the source said.

Gen Sonthi was lobbying for financial support from businessmen who were upset with Mr Thaksin's administration.

It was estimated he would need two to three billion baht to fund his election campaign.

The source said Gen Sonthi has set his sights on representing Lop Buri, which has a strong military presence and where he served much of his career as a soldier.

Gen Sonthi decided not to run in Bangkok because a lot of voters in the capital oppose the coup. Pathum Thani is his native province, but the number of Muslim voters there may not be enough to ensure him victory.

Lop Buri was the best choice because soldiers would certainly vote for a soldier, the source said.

Gen Sonthi recently appointed Gen Panlop Pinmanee as his adviser in his capacity as the director of the Internal Security Operations Command (Isoc). Gen Panlop is building a support base for Gen Sonthi in case he runs for a House seat in Lop Buri.

According to the source, Gen Sonthi has been preparing for the polls since late last year, using the offices of Isoc.

Isoc staff were sent to northern and northeastern provinces that were political strongholds of the dissolved Thai Rak Thai party to break up its support. A campaign was launched to persuade politicians to defect from Thai Rak Thai and join military-backed parties and to educate grassroots people about mismanagement by the Thaksin administration.

Although Gen Sonthi's move has irked pro-democracy activists, it does not appear to pose a threat to political parties. A highly-placed source in the Democrat party said its own surveys showed Gen Sonthi had not yet emerged as a political rival.

Chart Thai leader Banharn Silpa-archa has embraced the prospect of Gen Sonthi running in the next general election.

However, former leaders of the Thai Rak Thai party said the Democrats might have underestimated Gen Sonthi and the CNS, which could use state power to gain the upper hand, as was the case with previous governments.

Charter writer Prasong Soonsiri said Gen Sonthi was ''lured'' into politics by politicians who wanted to exploit his clout as the army chief.

''I hope he will be careful and consider it thoroughly,'' said Sqn-Ldr Prasong. There was no need for Gen Sonthi to play politics to shield himself from political retaliation if the Sept 19 coup was staged with the national interest at heart.

Suranand Vejjajiva, one of the 111 former Thai Rak Thai executives banned from politics for five years for party electoral fraud, predicted Gen Sonthi's political career would be short-lived because the public disagreed with the prospect of his clinging on to power.

''Even though he has a good intention, the country does not belong to one man who claims national security lies with his rise to power,'' he said.

10th July 2007

The Supreme Court has agreed to hear the first corruption case filed against ousted Prime Minister Thaksin Shinawatra to reach the top court.

Mr Thaksin and his wife Khunying Potjaman face charges in a case involving allegations of wrongdoing in a land deal.

"The Supreme Court political crime section accepts the case, and sets the first hearing for Aug. 14," Thongloh Chomngam, chief of the nine judges, read from a prepared statement.

If convicted, the couple could be jailed for up to 13 years, and each face a fine of up to 200,000 baht.

Mr Thaksin was accused of using his office while he was prime minister to help his wife win the 772-million-baht deal with Financial Institutions Development Fund (FIDF) under the Bank of Thailand.

The couple are each charged with three violations of anti-corruption laws. Mr Thaksin is accused of illegally influencing a deal to allow Khunying Potjaman to buy the land from a government agency at a bargain price.

Prosecutors now will be required to present Mr Thaksin and his wife in person during the opening arguments next month. That seems unlikely.

Mr Thaksin said last week that he will only return to Thailand to face corruption charges if he can be sure of a fair trial.

"I will return to face the facts and trial if and when the justice system goes back to normal," he told Japan's Kyodo News on Thursday.

The junta has cited corruption and abuse of power as the key reason for Mr Thaksin's ouster in last year's bloodless coup, and is under pressure to pin down the billionaire businessman on graft charges.

A number of other cases against Mr Thaksin and his family are slowly making their way through Thailand's legal system.

Anti-graft investigators have already frozen at least $1.52 billion of assets belonging to him and his family.

9th July 2007

Former prime minister Thaksin Shinawatra still claims loyalty from grassroots voters, even though he has been out of power for almost a year.

Policies such as the universal health-care scheme, debt relief projects and people's bank initiative pulled the needy out of poverty, and kept them behind him even though he was no longer in power, he said.

"People still miss, care and admire what I have done for their families," he said in Hong Kong.

It was his first interview with the Thai press since the armed forces ousted him in the Sept 19 coup. The interview was financed by the Professional Golf Association of Thailand, which held a meeting there. Mr Thaksin was recently made president of the association.

Mr Thaksin, who has spent most of his time in London since being forced from power, was confident that the court-imposed ban on the Thai Rak Thai party, and the Assets Scrutiny Committee's decision to seize his assets, would not shake his popularity.

Almost 300 former Thai Rak Thai members have decided to run together in the next election.

Mr Thaksin said they realised that voters remained loyal to the policies designed by Thai Rak Thai.

The Council for National Security and the government disagree, arguing that people now have a better understanding of the problems created by the former prime minister, including corruption and abuse of power.

Somkiat Pongpaibul, a political analyst at Nakhon Ratchasima Rajabhat University, warned that Mr Thaksin's influence was still strong in the northeastern provinces.

Former members of the banned Thai Rak Thai party would ride on Mr Thaksin's popularity, he said. They could cite the legacy of his policies and benefit from voter loyalty even if they were standing for different parties.

They would also be buoyed by huge cash injections from close aides of the former prime minister, allowing them to lure voters, said Mr Somkiat, who monitors voting popularity in the Northeast and is a former leader of the People's Alliance for Democracy.

Mr Thaksin said the draft charter did not reflect democracy because it was written by people picked by the military.

He also challenged CNS chief Sonthi Boonyaratkalin to enter politics so he would be subject to scrutiny in the same way he had been.

Vice-chairman of the Constitution Drafting Committee Vicha Mahakhun insisted the charter was written without any interference from the CNS.

Mr Thaksin did not like the draft constitution because it had not been designed to allow him and his associates to take advantage of the system, he said.

CNS secretary-general Winai Phattiyakul also denied the armed forces were pulling the strings. The charter writers were well qualified and from a range of professions, he said.

The Campaign for Popular Democracy opposed any move by Gen Sonthi to contest the elections. To do so would show that the coup leader intended to hold on to power after retiring from office at the end of September, CPD secretary-general Suriyasai Katasila said.

The election is expected to be held before the end of the year, either in late October or mid-December.

"If he is interested in politics, he should wait out the next two elections" to set a good example and show credibility to the public, he said.

Gen Winai was unsure whether Gen Sonthi should enter politics after retirement but said he should be willing to listen to those who opposed the idea.

Opinion by Thitinan Pongsudhirak
Director, Institute of Security and International Studies, faculty of political science, Chulalongkorn University.

CNS generals have stopped their dithering and leapt into decisive action. It now seems they will never return to the barracks voluntarily.

After months of dithering, the generals under the Council for National Security (CNS) have become decisive, even methodical.

The CNS has seen to it that the Thai Rak Thai (TRT) party was dissolved, its senior executives banned from political office for five years, and deposed prime minister Thaksin Shinawatra and his immediate relatives indicted under a growing pile of corruption indictments and graft allegations.

Ostensibly stemming from the post-coup justice system without interference from the CNS, these moves have reset Thai politics and rearranged Thailand's political party landscape, putting the TRT factions and key bosses in disarray and searching for new party banners under which they can contest the general election.

Sonthi Boonyaratkalin, the CNS chairman, recently suggested that the timetables for the draft constitution, its plebiscite and consequent general election could now be accelerated. He even went on to project that the post-election government will be a coalition of two to three parties.

The government of Surayud Chulanont has duly obliged by trying to move up the election date from December to Nov 25. Thailand's democratic rule is clearly half-way home. The political scene is the clearest it has been since the February 2005 election, which was soon followed by the tumultuous months of a Bangkok-based crusade against Mr Thaksin that culminated with the coup in September 2006. But not all of the clouds on Thailand's political horizon have dissipated. The three potential flashpoints in the near term will be the makeup and acceptability of the new constitution, the political realignments and the general election, and the role of the re-politicised military.

In view of the decimation of Mr Thaksin's regime, the new constitution has been amended expeditiously for a quick return to democratic rule. It has just sailed through the Constitution Drafting Assembly (CDA). While a public referendum is now workable for sometime late next month, a host of provisions in the draft charter are problematic and contentious.

The CDA's wide-ranging amendments are no guarantee for referendum passage. Anti-coup groups from civil society along with the pro-Thaksin/pro-TRT forces have lined up against the draft charter.

A failure in the referendum would lead to more political turmoil, as the CNS in conjunction with the government of Gen Surayud would then be mandated by the interim constitution to pick any past constitution to revise for promulgation. This scenario is the next flashpoint that could galvanise street protests and rock the CNS.

Cognisant of the growing anti-charter columns, the CNS and the Surayud government will certainly do everything in their power to ram through the referendum. Their manoeuvrings will include the mobilisation of upcountry bureaucrats to lobby rural folks to approve the referendum.

Concurrently, the CNS is poised to marshal its foot soldiers in the Second and Third Army in the northeast and northern regions and to activate its recently expanded Internal Security Operations Command across the country to promote charter passage.

A pro-charter law, the Referendum Act, will be put in motion to discourage organised anti-charter movements. Those who oppose the charter concertedly will be liable for incarceration and fine, but the same punitive measure will not be applicable for those in favour. Opponents of the new charter will be deemed Mr Thaksin's supporters and loyalists on his payroll. The middle ground, comprising charter opponents who protested and are still against Mr Thaksin's corruption and abuses of power, is being closed off.

The new forces in power since the coup see the referendum as a new battleground on which they cannot afford to lose. A failed referendum would de-legitimatise the coup, the CNS and the Surayud government.

When the election is held either under the 2007 charter or one of its predecessors, it will have to accommodate and resolve Thailand's deeply polarised body politic.

So far, none of the major political parties has adopted the dissolved TRT party's appealing pro-poor policy platform. The danger here is that the TRT's constituents, who comprised the majority of the electorate in the last three elections going back to January 2001, will have been disenfranchised. If their needs and grievances are not reintegrated into the political system through political parties, they may well make noises that destabilise the political landscape. Leaving TRT constituents out of the electoral equation would also raise thorny questions about the legitimacy of the election.

The upcoming political realignments will likely lead to a handful of new mid-sized parties that may contest the election with an implicit or explicit bargain with the military. Gen Sonthi, who is due to retire in September, will be tempted to enter politics, perhaps as a leader or senior member of a new party. Indeed, the junta leader has been evasive about his political intentions.

Whatever happens in the electoral arena, the CNS is unlikely to return to the barracks voluntarily. The generals will want to dictate post-election outcomes as much as they can, not least because they need to protect themselves from political retribution. The generals' stay and continuation in politics will be a source of controversy and object of growing dissent. Such is another flashpoint down the road.

With the limited political clarity, Prime Minister Surayud is in a rush to usher in the election and get out. His new election date of Nov 25 may prove unrealistic as electoral laws will need time to be hammered out. The hasty return to a general election and democratic rule has emanated from a manipulated political process. It is neither organic nor natural, as was the case with the 1997 charter, which took five years to create and solidify. Such haste and manipulation are unlikely to be healthy or sustainable for Thailand's democratic rule down the road.

8th July 2007

The arrest and detention of key anti-coup activist and webmaster Sombat Boonngarm-anong has fuelled the anti-coup movement and sparked concern for activists over mounting attempts to silence critics of the coup-engineered charter.

Mr Sombat, a staunch opponent of the Council for National Security, was arrested by a joint police-military force while giving a speech in downtown Chiang Rai on Friday at 7pm. He was released at 7.45pm yesterday after being detained for 24 hours.

Mr Sombat said he was questioned by several senior military officers from the Third Army, including the chief of an intelligence unit from Phitsanulok province.

''They tried to link me with recent dissemination of anti-CNS leaflets in Chiang Rai, with which I'm not involved at all,'' he said upon his release.

He said his arrest reflected the undemocratic atmosphere under the military regime and was an alarming sign that freedom of speech is under threat.

''It is clear that there is no freedom of speech in provinces where martial law is still in effect. This is a worrying situation because freedom of expression is much needed at this time with a national referendum coming up on the new charter,'' he said.

He called on the CNS and the government to lift martial law to pave the way for debate on the charter.

Army officers in Chiang Rai and police from the provincial police station arrested Mr Sombat after he refused to stop criticising the CNS and the military-installed government through a loudspeaker at Chiang Rai bus terminal.

Around 150 people attended Friday's gathering, which was organised by the anti-coup group Pollamuang Piwat, founded by Mr Sombat.

The 39-year-old activist, also chairman of the Mirror Foundation, a non-governmental organisation working on child rights protection, has led protests against the military regime since the Sept 19 coup. He has formed a network of anti-coup groups and created anti-coup websites, some of them closed by the Information and Communications Technology Ministry.

His latest campaign is ''Thais Say No'', which encourages people to reject the coup-engineered charter during the referendum to be held next month.

Mr Sombat was detained at the Mengrai Maharaj military base. His family and colleagues were not allowed to meet or talk to him.

About 100 people, including Mr Sombat's wife and daughter, gathered at the base after the arrest, demanding his prompt release.

His release was postponed several times yesterday as groups threatened to lay siege to army headquarters in Bangkok if the military did not set him free.

The arrest has also fuelled the flagging PTV-led Democratic Alliance Against Dictatorship's demonstration, which raised it as a fresh topic to attack the CNS yesterday.

About 50 DAAD demonstrators also rallied at army headquarters to call for his freedom.

''The CNS is playing by double standards. It seems that only pro-military people are allowed to speak up,'' said DAAD leader Weng Tojirakarn.

He also called for an immediate end to martial law to ensure that people will get balanced information about the coup-backed charter.

The Campaign for Popular Media Reform yesterday condemned the military for using martial law to silence its critics.

''The arrest of Mr Sombat is a serious human rights violation. It also creates a climate of fear in society that any person who criticises or thinks differently from those in power will be silenced,'' it said.

Thirty-five of 76 provinces remain under martial law. In some provinces, however, the law is only enforced in selected districts and tambons.

7th July 2007

The Constitution Drafting Assembly on Friday unanimously approved an amended version of the country's new charter, moving it closer to a referendum planned for Aug 19.

The assembly's 98 members attending the vote at Parliament approved the draft of Thailand's 17th constitution, which has been under debate for the past two months.

"We will print 19 million copies of the draft charter to distribute to all districts in Thailand to allow people to study it before the Aug 19 referendum," assembly chairman Noranit Sethabutr said.

Many of the most contentious articles in the new charter were modified during the revision process. For instance, an article stipulating that senators must be appointees now states that of the 150 senators, 76 would be elected and 74 selected.

A push to include Buddhism as Thailand's state religion failed although Article 78 now says, "The state shall provide patronage and protection to Buddhism, to which the majority of Thais profess, and to other faiths."

The draft also contains some articles that make it more liberal than its predecessor, the 1997 charter, which was deemed Thailand's most liberal to date.

For instance, Article 30 in the draft grants equality before the law for gays and transsexuals, stating, "Females and males as well as those with other gender identities shall enjoy equal rights."

In a show of appreciation, about 100 people of the "third sex" had planned to present the assembly with a bouquet of flowers Friday morning, but they cancelled the presentation because of anti-charter protests surrounding the Parliament building.

"We are gay, so we don't like violence," said