Samak frets about judicial meddling

Prime Minister Samak Sundaravej yesterday complained about what he described as the judiciary's growing influence over the administrative branch, which he said could result in reduced credibility of the government and retard its work.

He cited the Preah Vihear temple case filed with the Administrative Court by figures from the People's Alliance for Democracy.

The court had granted an injunction, ordering Foreign Minister Noppadon Pattama and the Cabinet to refrain from using a communique supporting Cambodia's bid to list the temple as a World Heritage site.

Samak said there was concern such cases could reduce the government's credibility.

He was speaking during his weekly programme "Talking Samak Style", which was aired on state-run NBT and Public Relations Department's radios throughout the country.

 "They said from now on, who would trust the Thai government? People in government made an agreement with another country and then someone lodged a complaint to take the government to court," Samak said.

Samak said there appeared to have been changes in the original system of checks and balances among the three branches of government.

"We learned in schools there was a checks and balance system among the three branches. But now academics say if the Administrative Court could use its powers this way, what can the administrative branch do next?" he said.

"Academics said when the judiciary branch's powers interfere with the administrative branch in this manner, the administrative branch can take no action on the matter. This is not dragging; it's tripping up," he said. He said there was interference in the judiciary when several judges were appointed to the Cabinet and independent organisations during the tenure of the unelected previous government.

Samak said he should have avoided making comments about court cases as he himself is involved in legal battles in all five major courts - Civil Court, Appeals Court, Supreme Court, Administrative Court and Constitution Court.

"I am a plaintiff in the Civil Court and a defendant in the other courts," he said. "I will never say anything bad about the courts. This government is afraid of courts. In fact everybody is afraid of courts," he said.

Meanwhile, Constitution Court judge Jaran Pakdithanakul said in response to Samak's comments that  the check-and-balance mechanism is aimed at ensuring all the three branches perform their jobs properly.

"Thailand has three branches of sovereign powers: the administration, the legislature and the judiciary. When any of them perform its job properly, there are no causes for the two others to scrutinise.

"But when the administration does something improper, and you let it go with no scrutiny, it could mean Thailand is under dictatorial rule," Jaran said.

"On the other hand, when the judiciary does something bad or improper, it can be scrutinised over its use of powers," he said.

In a related development, former prime minister Chuan Leekpai warned Samak his comments could be regarded as contempt of court.

"He should be cautioned that by making such comments, he could not only be regarded as interfering with the judiciary, but also as acting in contempt of court," Chuan said.

"He should use available legal channels. If he is not pleased with results from the Supreme Administrative Court, he can amend the law," said the chief adviser of the opposition Democrat Party.