A Change of Guard

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Sunday 23 January 2011

Panich's status as MP to be reviewed [after being convicted by a Cambodian court]

Panich (R), in Cambodian prison uniform, being escorted to Cambodian court on 6th January.

Published: 23/01/2011
Bangkok Post

The Election Commission is to review Panich Vikitsreth's parliamentary status after he was handed a suspended jail term by a Cambodian court.

Sodsri Sattayatham, the EC member in charge of political party affairs, said the commission expects to consider Mr Panich's status on Tuesday.

Mr Panich, a Democrat MP for Bangkok, is one of five Thais found guilty of trespassing on Cambodian territory and illegal entry into a military area.

They were each given an eight-month suspended jail term and fined 1 million riel (7,520 baht).

All five returned to Thailand yesterday after spending almost a month in Prey Sar prison in Phnom Penh.

Two more members of the group _ Thai Patriots Network coordinator Veera Somkwamkid and his secretary, Ratree Pipattanapaiboon _ remain in Phnom Penh awaiting judgement on additional charges of espionage.

The 2007 constitution has a clause on the disqualification of MPs convicted of serious offences.

Section 106 calls for MPs handed a jail sentence _ including a suspended one _ to be stripped of their parliamentary seats.

According to Mrs Sodsri, the EC has two points to consider: if the clause applies to a Cambodian court ruling, and if the case is considered final.

However, she said the EC must wait for details of the verdict from the Foreign Ministry before concluding the review.

The EC is also required to seek the endorsement of the Constitution Court if it rules that Mr Panich is no longer fit to hold MP status.

She said the agency would also ask the House of Representatives about Mr Panich's parliamentary status.

The lower chamber is scheduled to debate the proposed constitutional amendments on Tuesday and Wednesday. It is unknown if Mr Panich will be allowed to take part.

Mrs Sodsri said the EC would not intervene in this matter, saying the House speaker would have the final say on whether Mr Panich can participate.

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