Payoffs to influence police & courts: Murder case reveals

Tycoon Somyos allegedly made huge payments of money to powerful people in justice system to influence court decisions or police investigations and this may have been why he was murdered, says wife.

LEGAL REFORM

Murder case reveals spread of 'lobbyists'

Probe into Somyos' death points to abuse in justice system
20/07/2015
Mongkol Bangprapa, Wassayos Ngamkham and King-oua Laohong

The justice system has long been accused of failing to stop abuses by those who try to use their personal and professional connections to settle legal cases. 

The issue arose again recently after Rasami Suthangkura, the wife of slain entertainment tycoon Somyos Suthangkura, told police that a possible motive for his killing could be linked to his role in helping others settle legal disputes.

A police investigation into the murder of Somyos found the businessman, who was also a lawyer, had opened a legal consultancy firm and provided services to help settle legal cases. Police discovered that Somyos had been hired to handle more than 20 cases, including drug trafficking, and one case was worth as much as 25 million baht. 

Police believe a conflict from one of those deals could be a possible motive for Somyos' murder.

INTERFERENCE WITH THAI JUSTICE SYSTEM?

A number of questions have been raised as they look into the background of Somyos: can a legal service business interfere with the Thai justice system? And how many more people offer these services?

Queries were also raised as to whether legal settlements in criminal cases actually require such large sums of money and if some of the money was in fact used for unreported "bargaining" purposes.

Lawyer and former senator Warin Thiamcharas said one problem in the justice system is the deep-rooted cronyism and patronage linked to lobbying.

Mr Warin said any kind of lobbying that compromises the justice system must be dealt with swiftly.

LEGAL REFORM 

One possible solution would be to abolish the statute of limitations in some cases, including those concerning corruption, to deter people from lobbying. Otherwise, investigations tend to proceed slowly and eventually the limitation lapses. The process of recruiting personnel into justice organisations must also be more stringent, he said. 

A major overhaul of the recruitment of prosecutors, police and staff of the courts of justice is required. For example, prosecutors should be banned from sitting on the boards of state enterprises and from receiving extra payments or meeting allowances for providing consultancy to other organisations.

The role of the police should also be limited to just arresting suspects, while the investigation work should be split up and delegated to other agencies, he said.

Cherdchai Wongseri, a lawyer and member of the Constitution Drafting Committee, said some lawyers try to make potential clients believe they could lobby people in the justice process to bend legal disputes in their favour.

However, this practice is against the law.

He said if there is credible evidence of lobbying in a trial, the Judicial Commission could be petitioned to replace the judge in the case.

FROM INVESTIGATION TO TRIAL, INFLUENCE FOR SALE

"I have heard about lobbying multiple times and I am fed up with it," said Mr Cherdchai. "Some people say lobbying begins as early as the investigation process," he said. It is also alleged that similar attempts are made to meddle with the indictment and trial process.

Mr Cherdchai, however, insisted some rogue individuals in the justice system are to blame for the problem, not the judicial process itself. 

According to Mr Cherdchai, the courts and other independent organisations should avoid holding justice training programmes for outsiders. The programmes could be exploited by people without judicial backgrounds to form ties and build up cronyism networks in courts, which could undermine the court's independence.

Officials in the court system must not engage in any activities requiring sponsorship from the private sector as it could harm their credibility, he added.

MOST LOBBYING IN POLICE INVESTIGATIONS 

An investigator on the advisory level of the Central Investigation Bureau said lobbying could take place in every sector of the justice system. However, most lobbying happens in police investigations, which is the "upstream unit" of the justice process, he said.

Part of lobbying also involves "substantial payments" being made to important people to influence decisions. The amount of the payment depends on an individual's level of authority in the justice system, the officer said.

Serious offences related to drug trafficking and murder where harsh punishments, including the death penalty, can be handed down tend to be more susceptible to lobbying. It also thrives through personal connections with authorities involved in cases.

According to a police source, Somyos was well-connected to people high up in the justice system and it is no surprise he was hired to "clear up" legal disputes.

A source at the Office of the Attorney-General (OAG) said prosecutors may not be immune to lobbying. They are mid-way agents who decide whether to indict or put a suspect in court.

The source said the lobbyists can come from the police, lawyers or even staff of the prosecutors' office.

Prosecutors assigned to a case who refuse to go along with lobbying may be removed and transferred.

The prosecutors' salaries must be increased to prevent this, according to the source. The decision to indict offenders, meanwhile, should be made by a panel rather than individual prosecutors.

http://www.bangkokpost.com/news/special-reports/627956/murder-case-reveals-spread-of-lobbyists

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