POLITICS
ASC says it has power to arraign defendants
KING-OUA LAOHONG
The prosecution is hopeful that a court decision on May 14 will resolve a conflict it has with the Assets Scrutiny Committee (ASC) over power to arraign defendants. The court will decide whether it will accept the indictment sought by the ASC of most cabinet ministers under the Thaksin Shinawatra administration, who are charged with illegally approving the multi-digit lottery scheme.
Attorney-General Chaikasem Nitisiri said the admission of the case would show that the court recognises the ASC's power to indict suspects. The prosecution has disputed that power all along because it contends the decision to indict rests solely with it.
Mr Chaikasem said the May 14 court ruling will set a precedent determining who is right between the prosecution and the ASC.
However, the court may find the case admissible without touching on the question of who has the power to indict suspects, in which case the two agencies would continue to lock horns.
''The ASC has asserted it has the authority [to investigate and seek indictments]. But I say that's not a certainty,'' the attorney-general said.
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Aworthy cause
Participants celebrate World Red Cross Day with amascot at the Thai Red Cross Society headquarters in Bangkok yesterday. The mascot holds a placard announcing that a group of movie stars and singers have donated personal belongings to be auctioned, with the money raised going to the Thai Red Cross. The event also honours His Majesty the King’s 80th birthday. — SOMCHAIPOOMLARD |
He conceded that some lingering but significant legal disagreements have slowed down cases the ASC and the prosecution are working on together. The ASC is clinging to a coup-maker's announcement authorising it to consider cases despite the available evidence being incomplete.
Mr Chaikasem said it would have been more logical for the ASC to try to pursue the indictment alone if it and the prosecution could not agree on whether to send the lottery suspects to court.
''But we haven't said anything regarding the indictment [on the lottery issue]. All we asked was that the evidence be made complete,'' he said.
The coup-making Council for National Security installed the ASC specifically to pursue criminal action against members of the Thaksin government it toppled, which was accused of widespread corruption and abuse of power.
Mr Chaikasem said concerns had mounted that incomplete evidence could ultimately jeopardise the chances of securing an indictment.
It prompted suggestions that a joint ASC-prosecution panel be formed to try to build up a strong case by compiling strong evidence.
The prosecution would then proceed with the indictment.
However, the ASC rejected the suggestion and insisted the evidence in hand was adequate.
Mr Chaikasem denied the prosecution used a different yardstick in handling the multi-digit lottery case and the Ratchadapisek land deal, which is being deliberated in court. Khunying Potjaman Shinawatra, wife of former prime minister Thaksin, is accused of buying the prime land at a deflated price, allegedly with the aid of Mr Thaksin while he was prime minister.
Mr Chaikasem said the prosecution was not bent on stalling the ASC's work.
''Don't be concerned that the prosecution will take sides. Conflicts in society are rife and anyone losing impartiality risks facing the music,'' he said.
He said the National Counter Corruption Commission (NCCC), which will take over from the ASC when its tenure ends on June 30, has never ''gone it alone'' in indicting any party in graft cases. He said the ASC still has plenty of time left to comply with the prosecution's request to gather additional evidence in cases it oversees.
He said he was curious about why the ASC appeared to be in a rush to get its work over and done with when the NCCC is there to continue its job.
The prosecution was not an ad hoc organisation and it has followed stringent working standards. But it could not change itself to suit the ASC, he said.
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