POLITICS
Tenure ends, but NCCC must take up its cases
KING-OUA LAOHONG
The Constitution Court has ruled that the coupmakers' announcement to set up the Assets Scrutiny Committee (ASC) and the extension of its tenure were legal and constitutional. The ruling came after defendants in the allegedly illegal two- and-three digit lottery case questioned the legality of the announcement, the panel and the extension of its term and asked the Supreme Court's Criminal Division for Holders of Political Positions to clarify the matter.
The request prompted the Supreme Court to seek legal interpretation of the issues by the Constitution Court.
The ASC's term ended yesterday after 21 months in office.
Constitution Court secretary-general Paiboon Varahapaitoon said the nine court judges deliberated the matter yesterday and reached a unanimous decision that the coupmakers' 30th announcement did not breach the constitution.
They agreed that the coupmakers, then known as the Council for Democratic Reform, had sovereign power in the country at that time and could issue laws to maintain order.
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| Assets Scrutiny Committee chairman Nam Yimyaem bids farewell to cheering supporters in front of his office during his last day at work. All unfinished cases will be taken over by the National Counter Corruption Commission. — CHANAT KATANYU |
The setting up of the ASC was aimed at scrutinising the exercise of state power. The announcement, which was equivalent to a law, allowed the ASC to invoke the powers of the National Counter Corruption Commission (NCCC) and those of the Anti-Money Laundering Commission (Amlo), although the ASC could not make a final verdict in the cases, Mr Paiboon said.
The Constitution Court judges agreed that the coupmakers' announcement to set up the ASC was backed by Article 36 of the 2006 interim constitution and Article 309 of the present constitution, Mr Paiboon said.
He said the nine judges also unanimously resolved that the extension of the inquiry panel's term from September did not violate the constitution.
Mr Paiboon said the judges agreed that the aim of the extension was to maintain the continuity of the panel's work. It did not give the ASC any added powers. The extension did not create a new body and was also endorsed by Article 309.
Last year, the coup-installed National Legislative Assembly decided to pass a law extending the ASC's term, which expired on Sept 30 last year, until the end of June this year. The law was passed shortly after the new constitution came into force.
Mr Paiboon said the Constitution Court's ruling would be forwarded to the Supreme Court today.
Previously, there was concern that if the ASC was found to be unconstitutional, this could affect all the alleged corruption cases that the ASC has been handling against the ousted Thaksin government.
Former ASC spokesman Sak Korsaengruang welcomed the court's ruling and said that legal proceedings in those cases could now resume.
The Supreme Court has set witness hearings on the cases submitted by the panel, such as the two- and-three-digit lottery case and the Ratchadaphisek land purchase deal, for July.
Former panel members will testify in the cases.
Mr Sak added that after the ruling, the Office of the Attorney-General must now proceed with the cases submitted to them by the ASC.
Former ASC member Klanarong Chantik, who is also an NCCC member, said the NCCC needed staff from the ASC to help with the cases handed over to the NCCC by the inquiry panel.
Meanwhile, more than 4,000 people turned up to show support for the ASC members during a farewell seminar at Thammasat University's auditorium where the ASC handed over its unfinished cases to the NCCC.
But outside the campus, an anti-coup group comprising former members of the the United Front of Democracy against Dictatorship used loudspeakers to attack the ASC.
They carried a dummy coffin with the names of the panel members on it around the campus to protest against the ASC members.
Yesterday evening, former members of the coupmaker Council for National Security, including retired coup leader Gen Sonthi Boonyaratkalin, outgoing air force commander ACM Chalit Phukpasuk, retired Gen Saprang Kalayanamitr, and Gen Somjet Boonthanom, chief adviser to the defence minister, attended a farewell party for the ASC at the Army Club.
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