Published on Feb 15, 2005

Attorney's work application was wrongly rejected

A physically challenged lawyer yesterday won an appeal's court verdict granting him the right to reapply for a job as a state attorney.

The State Attorney Commission rejected Sirimit Boon-mul's job application in 2001 on the grounds that he was incapable of performing the job due to a physical impairment caused by polio.

Sirimit petitioned the Administrative Court for a judicial review, arguing the commission had made a discriminatory presumption in determining that he was unfit to carry out the duties of a prosecutor. But the lower court dismissed Sirimit's lawsuit in 2003, saying the commission had rejected the job application after reviewing his medical report.

In dismissing the case, the court endorsed the commission's ruling that Sirimit was handicapped and unable to perform his duties. The ruling was based on medical checks that found Sirimit had muscular atrophy in his legs and arms and that he also suffered from a deformed spinal cord, which required surgery.

Sirimit later filed his appeal with the Supreme Administrative Court.

In overturning the lower court's verdict, the high court said Administrative Court failed to factor in sufficient evidence on Sirimit's physical qualifications before making its judgement.

"The medical report was crucial and pertinent to the case but was not conclusive evidence on Sirimit's overall physical performance," the court wrote in its appellate review.

The commission was obliged to spell out in detail what physical handicaps it deemed would hinder Sirimit's ability to perform his job, it said.

The commission neglected to properly review many letters written in support of Sirimit, including from a judge, who vouched for his strength, it said.

The judge from Kamphaeng Phet, where Sirimit practises law, testified that regardless of physical impairment, his right hand was strong enough to write legal statements and he was able travel on public transport, ride a bicycle for five kilometres and walk for two kilometres. The Kamphaeng Phet Lawyers Association confirmed that Sirimit could carry out his duties during court trials.

Based on his ability to perform his duties as a lawyer locally - duties that are similar to those of a state attorney - the high court said the commission was unjustified in rejecting Sirimit's job application. Sirimit said he would reapply for the job when the commission started to accept new applications later this year.

Kesinee Taengkhiew

The Nation