Sunday, March 08, 2020

Judge kills himself - A protest for Independence of the Judiciary - and against interference from 'senior' judges?

A Thai judge kills himself to HIGHLIGHT the state of the Judiciary in Thailand? Earlier in October, he shot himself for allegedly the same reason.

In the October incident, his concern was attempts by senior judge to pressure him to change his decision...   [I do not approve of the method that he employed - shooting himself, and now killing himself - to highlight 'problems' in the judiciary. But then, many others all over the world have employed similar strategies of 'killing themselves' to highlight certain injustices - That is why freedom of expression, opinion and peaceful assembly need to be respected and protected- and the MEDIA has to give space to report such views..Nobody ought to have to kill himself just to be able to HIGHLIGHT an injustice or a rights violation..]

In October, last year he shot himself in court ...

In October, he shot himself ...after issuing alleged interference in judicial rulings involving the southern insurgency.Nevertheless, the judge decided to acquit five suspects who were charged with shooting and killing five people in Yala's Bannang Sata district in June 2018 on the ground there was no solid evidence.

However, he said, senior judges had disagreed with his ruling. Before shooting himself right there in the courtroom, Khanakorn posted a 25-page statement on his Facebook page in which he expressed his despair with the system.

His statement, which included the messages "Return the ruling to the judges" and "Return justice to the people",

Again, he posted a statement before killing himself..

"I was later investigated and charged and became a suspect in a criminal case. I do believe that I will be dismissed from government service. Legal proceedings against me have also just started. Being deprived of a job I love means a loss of one's true self,'' he wrote. 

He insisted his act in October was motivated by a sincere desire to return justice to the people. "I do not regret it and I'm proud of being part of administering justice for the Thai people," read the letter.The judge also mentioned what he viewed as a structural problem with the judicial system. 

"In the past, we had the 1997 constitution written by the CDC. People and academics admit it was the most democractic charter the country had ever had," he wrote, referring to the constitution written by the 99-member Constitution Drafting Council set up in 1996 and comprising 76 indirectly elected members and 23 academics.

"You may wonder why, when the charter was in effect, reviewing a ruling at the first-court level was not allowed. Why is that? Could it be that the drafters knew such a review could pave the way for interference in a ruling by regional court presidents?

"Let me ask my friends and fellow countrymen: Do you find an evil intention in what I had done, which led to disciplinary and criminal action against me? A reply in your heart is enough. As for me, I knew from the start. It's a pity you are not my judge."

How does Malaysia deal with allegations of wrongdoings or misconduct within the Malaysian Judiciary .. We are still waiting for the ROYAL COMMISSION OF INQUIRY on Judicial Misconduct ...which Malaysian Cabinet agreed ...

A lawyer who wrote 2 articles, amongst others about this same issue..and also the fact that he had lodged a complaint to MACC ended up in jail for 30 days after being found guilty of the contempt of scandalizing the judiciary....this contempt must be abolished in Malaysia.

SHAH ALAM, Nov 6 — Sessions Court judge Azmil Muntapha Abas, deputy public prosecutor Khairul Azhwa Yusrie Mohamad and private lawyer Noor Amirul Nazreen Anas today claimed trial to taking bribes in connection with the detention and release of 15 illegal immigrants last July. - Malay Mail 

Remember that corruption can happen not simply by receipt of money ...it could be also some future benefit/appointment. The government could also 'bribe' - could they not? 

Mahathir's PH government failed to get the RCI going, maybe new Prime Minister Muhyiddin Yassin could get the RCI going now...it is an important issue..


Senior judge dies in second suicide bid

Khanakorn Pianchana blew whistle on alleged interference in judicial rulings

 
Judge Khanakorn Pianchana, who caused a sensation last year by alleging interference in judicial rulings, died after shooting himself at his house in Chiang Mai on Saturday.

A senior judge who shot himself in a Yala courtroom last October in a protest against alleged interference in judicial rulings died of a self-inflicted gunshot wound on Saturday morning.

Khanakorn Pianchana, 50, who previously served as a senior judge at the Yala provincial court, shot himself in the heart in his house in Doi Saket district in Chiang Mai on Saturday morning while his wife and their daughter were out.

When his wife returned, she found him badly wounded. An ambulance was called to send him to Doi Saket Hospital before he was later transferred to McCormick Hospital Chiang MaiDoctors tried in vain to save his life and the judge died at 10.45am, according to Sarawut Benjakul, secretary-general of the Office of the Judiciary.

His body will be sent to Maharaj Nakorn Chiang Mai Hospital for a post-mortem examination. 
Before the shooting, Mr Khanakorn posted a two-page farewell letter on his Facebook page. The letter, dated March 6, mentioned the incident on Oct 4 last year when he had shot himself in the Yala courtroom after reading a ruling. He cited as the reason for the second attempt the unbearable consequences of his action — the prospects of losing the job he loved and being convicted in a criminal case. 

"I was later investigated and charged and became a suspect in a criminal case. I do believe that I will be dismissed from government service. Legal proceedings against me have also just started. Being deprived of a job I love means a loss of one's true self,'' he wrote. 

He insisted his act in October was motivated by a sincere desire to return justice to the people. "I do not regret it and I'm proud of being part of administering justice for the Thai people," read the letter.
The judge also mentioned what he viewed as a structural problem with the judicial system. 

"In the past, we had the 1997 constitution written by the CDC. People and academics admit it was the most democractic charter the country had ever had," he wrote, referring to the constitution written by the 99-member Constitution Drafting Council set up in 1996 and comprising 76 indirectly elected members and 23 academics.

"You may wonder why, when the charter was in effect, reviewing a ruling at the first-court level was not allowed. Why is that? Could it be that the drafters knew such a review could pave the way for interference in a ruling by regional court presidents?

"Let me ask my friends and fellow countrymen: Do you find an evil intention in what I had done, which led to disciplinary and criminal action against me? A reply in your heart is enough. As for me, I knew from the start. It's a pity you are not my judge."

On Oct 4, the judge shot himself in a Yala courtroom after reading a ruling on a case involving a violent incident in the Deep South.

Mr Khanakorn posted a 25-page statement on Facebook on the same day. He explained that he had acquitted five suspects against the advice of more senior judges who had reviewed the case and in full knowledge of the consequences to his career.

The statement included the messages "Return the ruling to the judges" and "Return justice to the people", sparking a controversy about the country's judicial system.

Three days later, the Judicial Commission set up a three-member panel, one from each tier of courts, to investigate his case. After the findings, the Judicial Commission in November voted to set up another panel to consider disciplinary action against him and to transfer him to a temporary position in his hometown Chiang Mai.

The commission also appointed a subcommittee to study and improve the criteria, guidelines and methods of checking draft rulings and to find measures preventing a repeat of such an incident.

Mr Khanakorn also gave a bank account number and asked for donations from the public for his daughter's scholarship.

Judge Khanakorn Pianchana posted a letter on his Facebook page on Saturday before shooting himself at his house in Chiang Mai. He wrote about the consequences of his fisrt suicide bid in court last year. - Bangkok Post, 7/3/2020

Judiciary owes us answers


Judge Khanakorn Pianchana, whose suicide attempt in a Yala courtroom last October shocked the country, was found dead yesterday after a second attempt on his life proved successful. His sudden tragic death leaves many questions.

The 50-year-old judge shot himself in the heart in his house in Doi Saket district of Chiang Mai yesterday morning when he was alone. His wife had taken their daughter to school and upon her return found her husband lying in a pool of blood.

She rushed him to hospital where doctors were unable to save his life. Sarawut Benjakul, secretary-general of the Office of the Judiciary, who confirmed the judge's passing. He said the office sent officers to provide assistance upon learning the judge had once again shot himself.

Before yesterday's tragedy, Khanakorn had posted an emotional two-page farewell letter dated March 6 on his Facebook page.

In his failed attempt on his own life last year, Khanakorn, who served as a senior judge at the Yala provincial court, alleged interference in judicial rulings involving the southern insurgency.
Nevertheless, the judge decided to acquit five suspects who were charged with shooting and killing five people in Yala's Bannang Sata district in June 2018 on the ground there was no solid evidence.

However, he said, senior judges had disagreed with his ruling. Before shooting himself right there in the courtroom, Khanakorn posted a 25-page statement on his Facebook page in which he expressed his despair with the system.

His statement, which included the messages "Return the ruling to the judges" and "Return justice to the people", sparked controversy about the state of the country's justice system.

Khanakorn made a recovery from those self-inflicted wounds and later was moved to Chiang Mai as the judiciary launched a probe into the case, pledging fairness and transparency.

The judiciary insisted Khanakorn's transfer to Chiang Mai was not a demotion even though his action was deemed to have exposed deep-rooted problems in the system including the conduct of other senior judges.

More importantly, his unsuccessful suicide attempt became even more complicated when the now-dissolved Future Forward Party tried to get involved. Piyabutr Saengkanokkul, then FFP secretary-general, claimed the distraught judge "had previously complained to the party of intervention in the case he was presiding over", and his 25-page statement accused senior judges of interference.

The statement was taken down from his page soon after the incident and the matter became deeply politicised.

The public has still not been informed of progress in the judiciary's investigation into the matter.

Khanakorn's farewell letter last week, posted prior to his pulling the trigger on himself a second time, showed he was devastated by the state of that probe and revealed he faced disciplinary action for the Yala incident and could be charged as a criminal. It's also obvious he was deeply frustrated with the system and that all his hope was gone.

In the letter, which mentioned the incident on Oct 4, he cited as the reason for a second attempt on his life the unbearable consequences of the first attempt -- the prospect of losing the job he loved and being convicted in a criminal case.

He insisted his act last year was motivated by a sincere desire to return justice to the people. "I do not regret it and I'm proud of being part of administering justice for Thais," read the letter.

The judge also mentioned what he viewed as a structural problem with the judicial system.

"In the past, we had the 1997 constitution written by the CDC. People and academics admit it was the most democratic charter the country has ever had," he wrote, referring to the constitution written by the 99-member Constitution Drafting Council set up in 1996 and comprising 76 indirectly elected members and 23 academics.

"You may wonder why, when the charter was in effect, reviewing a ruling at the first-court level was not allowed. Why is that? Could it be the drafters knew such a review could pave the way for interference in a ruling by regional court presidents?

"Let me ask my friends and fellow countrymen: Do you find an evil intention in what I had done, which led to disciplinary and criminal action against me? A reply in your heart is enough. As for me, I knew from the start. It's a pity you are not my judge."

The current system could not save a dedicated judge like Khanakorn. His death will not only sadden the public but also trigger further curiosity and doubt about exactly what is going wrong in our system. Only those in the judiciary can provide answers. Continued silence is no longer an option.- Bangkok Post, 8/3/2020

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