Thailand’s Constitutional Court is set to meet on Thursday to examine expert opinions on Prayuth Chan-Ocha’s eligibility to stay on as the prime minister, two weeks after suspending him from office on a petition by the opposition.
(Bloomberg) — Thailand’s Constitutional Court is set to meet on Thursday to examine expert opinions on Prayuth Chan-Ocha’s eligibility to stay on as the prime minister, two weeks after suspending him from office on a petition by the opposition.
The legal review was sought to put an end to a debate over whether Prayuth’s years as junta leader before the current charter became effective in 2017 should be counted in the eight-year term limit.
While a ruling is not due, the nine-member court will assess the evidence and legal opinions gathered so far, and determine if a verdict can be given. If there’s enough evidence, a date for ruling will be announced at least seven days in advance, Chaowana Traimas, Secretary-General of the Office of the Constitutional Court, told reporters.
The court is at liberty to call for more evidence, he said and added there was no attempt to either accelerate or delay the process.
The former general’s legal team has argued his premiership didn’t start on Aug. 24, 2014 — the day he was appointed prime minister of a military government. Supporters of the retired general have argued either that his start date should be when the charter became effective or that it should be from when he became the head of an elected government in 2019.
The judges, who were mostly appointed by the current royalist establishment and repeatedly ruled in favor of Prayuth in the past, has sought a legal response from the premier aside from gathering views of jurists involved in drafting the charter.
Prayuth’s tenure should be counted only from the day the new charter was promulgated, Bangkok Post reported, citing a leaked copy of a court submission by Meechai Ruchupan, the former chairman of the constitution drafting committee.
That would allow Prayuth to stay on as prime minister until 2025 if the parties backing him win the general elections due next year.
Analysts have said a favorable ruling for the suspended premier is more likely as choosing political continuity over a strict legal interpretation would help avert a political vacuum that might prove troublesome for the royalist establishment.
“They might not focus too much on the legal factor but a political one. This could lead to a verdict that is more compromising, which is the same start date as the charter,” said Teerasak Siripant, managing director at strategic adviser consultancy BowerGroupAsia’s Bangkok office. “Prayuth’s stepping down would bring too much chaos at this time.”
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