EDITORIAL
Yesterday's decision by the Supreme Court to refer consideration of the two- and three-digit lottery case against former prime minister Thaksin Shinawatra and 46 others to the Constitution Court, translates as yet another setback for the Assets Scrutiny Committee (ASC).
The decision comes in response to the defendants' argument which challenged the legitimacy and authority of the military-installed panel to investigate corruption and other abuses allegedly committed by Mr Thaksin, his family and cronies.
The defendants claim that the September 2006 coup-makers' order establishing the ASC and another order extending the panel's term until June 30 this year, were unconstitutional; they want the Constitution Court to rule on this matter before the case against them can proceed in the Supreme Court.
Although the defendants' move may be seen as a delaying tactic to stall the legal proceedings, they have every right to do so. It all depends on the Constitution Court now, to decide whether to reject the defendants' argument or to rule in their favour; the latter result would mean that all the cases handled by the ASC - whether they are still being investigated or are pending with the Attorney-General's Office or the court - may have to be dropped or withdrawn.
It is therefore of the utmost importance that the Constitution Court exercise prudence and skill in deliberating the case. Hopefully a ruling will be forthcoming before the ASC's term expires on June 30.
The ASC is no stranger to disappointment. From the start the investigating panel has encountered obstacles, with some governmental agencies refusing to cooperate with the probe, prompting the panel to seek help from then prime minister Surayud Chulanont. The panel has also been at odds with the Office of the Attorney-General (OAG) as to whether its cases were solid enough to proceed in the courts of justice. The differences in opinion between the ASC and OAG have forced the former to take a number of cases to the court itself.
It looks very likely that the ASC will have to do likewise with the Exim Bank's four-billion-baht loan to the Burmese government and the alleged corruption case involving procurement of the CTX baggage inspection system, in which the attorney-general is among those implicated.
But despite the setbacks, all members of the ASC, especially panel chief Nam Yimyaem, remain unperturbed and determined to carry on to the best of their abilities with integrity and dignity. That they agreed to accept the job, which was rejected by many other people for reasons widely understood, and with their full awareness of the obstacles and high risks involved, should testify to their selfless resolve to right one of the worst wrongs in our society - the scourge of cancerous corruption. As such, they deserve the public's sympathy, commendation and full support.
Of course, the ruling People Power party views the ASC in a totally different light. It comes as no surprise at all that the party has sought to amend the Constitution, specifically Article 309 which, if endorsed by parliament, would sound the death knell for the ASC. Worse still, the National Counter Corruption Commission which would take over from the ASC in investigating pending cases, would have its tenure shortened to just 180 days, which would be hardly enough time to finish the job.
With only 45 days left before its term expires, it is hoped that members of the Assets Scrutiny Committee will be able to concentrate on their designated tasks with the same unwavering resolve.
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