Judicial Authority, Senior Judge Status, and Court Proceedings
Mr. Saad, together with one judge of the Uthai Thani Provincial Court, conducted proceedings in a case involving the homicide of another person. During the proceedings, Mr. Saad received a grant to study work practices in the United Kingdom for a period of years, overseen by Mr. Boris, who was formerly the Senior Judge of the Uthai Thani Provincial Court, and previously held the position of Permanent Secretary, who was a superior officer of Mr. Saad. This individual acted in place of Mr. Saad, with Mr. Fair Justice, a judge of the Uthai Thani Provincial Court, acting as a member of the panel to consider the aforementioned case. The actions of Mr. Saad, Mr. Boris, and Mr. Fair Justice were lawful or to what extent, according to the Code of Judicial Administration, Section 9, which states: “In any Court, including Provincial Courts, there shall be one Chief Judge of the Court. If the position of Chief Judge of the Provincial Court or Chief Judge, or if the person holding such a position is unable to perform their duties, the most senior judge in that Court shall act in their place. If the most senior judge in that Court is unable to perform their duties, the next most senior judge in that Court shall act in their place. In the event that no one is available to act, the President of the Court of Justice may appoint one judge to act in their place. A Senior Judge or a Judge of the Court shall act in their place. Paragraph 1 does not apply.” Considering the issues, Mr. Saad had the authority to consider and pronounce judgment on the aforementioned case, according to the . Mr. Boris, as the Senior Judge, did not act in place of Mr. Saad, and the Code of Judicial Administration, Section 26, prohibits this, as does Section 9, paragraph 4, in its final part. Therefore, the order issued by Mr. Boris was unlawful and without effect on the judicial proceedings. The judicial proceedings were likewise unlawful.