Constitutionality of charter questioned
KING-OUA LAOHONG
The Assets Scrutiny Committee (ASC) has admitted that it is highly likely all the corruption investigation cases against former prime minister Thaksin Shinawatra and his cabinet will collapse due to the questionable constitutionality of the 2007 charter.
The remark appears in the ASC's final performance report as it heads for dissolution on June 30. The panel indicates that the charter's questionable constitutionality was a major obstacle to achieving its mission and a key tool for Mr Thaksin to exploit and foil all the ASC's legal actions against him, his family and his government.
The Council for Democratic Reform (CDR) that toppled the Thaksin government on Sept 19, 2006, formed the ASC to take Mr Thaksin and his government to task for alleged corruption. The status of the panel was legalised by the 2006 interim charter, but not by the 2007 constitution.
The present charter does not authorise an organisation set up by the coup council to exercise any power related to the justice system.
Mr Thaksin has asked the Constitution Court through his lawyer to rule whether the ASC was a constitutionally acceptable body.
According to the ASC's final report, if the court rules that the CDR's 30th announcement establishing the ASC should be declared unconstitutional, all the investigations the ASC has conducted against Mr Thaksin and the other members of his government would immediately become null and void.
Mr Thaksin will escape all charges without having to defend himself in court. His 65 billion baht the ASC has frozen will also have to be returned.
Many other cases the ASC has targeted will also have to be dropped. They include those filed against Prime Minister Samak Sundaravej who is being investigated for alleged corruption in the Bangkok Metropolitan Administration's procurement of fire trucks and boats worth over 6.6 billion baht.
According to its report, the ASC has investigated 24 corruption cases and found damages to the state worth about 180 billion baht.
Five cases are still under probe by the ASC sub-committees, another five under the ASC's consideration, and four are with the attorney-general.
While two cases are about to be concluded, three others are already in court. Three other cases have been sent to the Revenue Department.
One has been passed on to the Department of Special Investigation and one has been forwarded to the National Counter Corruption Commission.
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