Constitutional Court Sets Witness Examination in Bhumtham and Thawee Case

Bangkok: The Constitutional Court has scheduled a witness examination for December 24th in the case involving Bhumtham Wechayachai and Police Colonel Thawee Sodsong, who are accused of interference in the investigation regarding the selection of senators. The court has also decided against allowing Sarawut to withdraw from the trial.

According to Thai News Agency, the Constitutional Court considered a petition filed by the Senate President, which requested a ruling under Section 170, paragraph three, in conjunction with Section 42 of the Constitution. The petition questioned whether the ministerial status of Mr. Phumtham Wechayachai, Deputy Prime Minister and Minister of Defense, and Police Colonel Thawee Sodsong, Minister of Justice, had terminated. The issue centers around their decision to classify certain criminal offenses as special cases under the Special Investigation Act of 2004, specifically under Section 21, paragraph one (2). This decision is seen as interference with the powers of the Election Commission, using the Department of Special Investigation as a means to influence the scrutiny process of senator selection. Such actions are considered harassment and a violation of the principle of separation of powers and the rule of law, potentially leading to the termination of their ministerial status as per Sections 160 (4) and (5
) of the Constitution.

The court has scheduled the witness examination for December 24, 2015, at 10:30 a.m. in the courtroom of the Constitutional Court Office. The session will be open for individuals to attend and to hear the verdict.

Before the consideration of this matter, Constitutional Court Judge Sarawut Songsiwilai requested to withdraw from the trial due to his Senate approval as a Constitutional Court judge. However, the panel of judges reviewed and rejected his request, deeming it irrelevant to the trial, in accordance with the Constitutional Court Procedure Act of 2018, Sections 33 and 34.