Age-old case returns to haunt the PM
Written by Writer on Monday, October 13th, 2008
COMMENTARY
Age-old case returns to haunt the PM
VEERA PRATEEPCHAIKUL
Army Commander-in-Chief Gen Anupong Paojinda became the latest public figure to join a chorus of calls for the government to show responsibility for the Oct 7 crackdown on the People’s Alliance for Democracy (PAD) protesters which left two people dead and more than 400 injured.
Yet, Prime Minister Somchai Wongsawat has persistently resisted the calls, although he said last week that he would consider a response at an appropriate time.
Obviously, the embattled premier wants to buy time to delay his decision to show responsibility until an investigation into the tragic event by an independent truth commission is completed.
But time may not be on his side. Instead, it is running out fast. The prime minister may be forced to stand down, not because of a military putsch or because of a Constitution Court order to dissolve the People Power party on electoral fraud charges, but because of a verdict of the National Counter Corruption Commission, which is due tomorrow or Thursday, relating to a decade-long malfeasance case against the prime minister.
To sum up, the case was brought to public attention in 1998 by a chief judge of a panel of the Criminal Court. It referred to the auction of a plot of land in Thanyaburi district of Pathum Thani conducted by the Legal Execution Department under the supervision of the department’s deputy director-general, Manit Suthaporn. It was alleged Mr Manit had not properly performed his duty for failing to demand 43 million baht in tax from the successful bidder for the land deal. Also, Mr Manit had returned the 70 million baht deposit posted by the bidder to the land owner after the first auction was scrapped following the bidder’s failure to come up with the money to close the deal. It was discovered afterward by the NCCC that Mr Manit had received 10,000 shares as a favour in return for services rendered. Mr Somchai was then deputy permanent secretary for justice and Suthas Ngernmuen of the Democrat party was then the justice minister.
Instead of being complimented for his whistle-blowing by his superiors in the judiciary and the Justice Ministry, the intrepid judge, who had no business whatever to do with the deal or with the Legal Execution Department, received threats, intimidation and even offers of bribes to have his case withdrawn. Unperturbed he pressed on and a probe was finally ordered and headed by a vice president of the Supreme Court who also worked under heavy pressure. The probe was completed two years afterward with the Legal Execution Department, instead of Mr Manit, being faulted for the failure to claim the 43 million baht land sale tax for the state. The probe panel also recommended that the case must be followed up to ensure that someone be held accountable for the tax loss.
The case was then swept under the carpet and Mr Manit was promoted to deputy permanent secretary for justice whereas Mr Somchai was named the permanent secretary. Disappointed by the negative response from Mr Somchai, the judge decided to take the case against both Mr Somchai and Mr Manit to the NCCC.
It wasn’t until the Surayud government took power in 2006 that the NCCC finished the probe against Mr Manit who was faulted with malfeasance in office. He was eventually fired without any pension in the same year by the then Surayud government.
But the case against Mr Somchai who was accused of negligence of duty for his failure to follow up with action against Mr Manit is still pending with the NCCC. A sub-committee headed by Klanarong Chantik has already completed its probe into Mr Somchai’s role and has made a recommendation to the NCCC board which is due to deliver its final ruling this week.
The timing of the verdict could not be more appropriate given the growing chorus for the embattled prime minister to show responsibility for the Oct 7 bloodletting.
Instead of a coup to force political change which will further exacerbate Thailand’s faltering image in the international community, the NCCC should provide a better alternative solution. And there is no reason for the NCCC board to postpone its crucial ruling.
If faulted for gross negligence related to a graft case, the only penalty to be meted out is dismissal from service. As such Mr Somchai’s qualifications as an MP will be in doubt in accordance with Article 102 (6) of the Constitution. And since he is an MP, his status as prime minister will be in jeopardy too.
Veera Prateepchaikul is Deputy Editor-in-Chief, Post Publishing Co Ltd.
Bangkok Post
