Former Senate speaker Nikom Wairatpanij and former House speaker Somsak Kiatsuranon are expected to get off the hook in the impeachment case against them, even though the National Legislative Assembly (NLA) has accepted an impeachment motion, an NLA source says.
In happier days: Senate speaker Nikom Wairatpanij (left) and House speaker Somsak Kiatsuranon were able to smile esaily in the days Pheu Thai Party controlled parliament and the goverment. This photo was taken exactly one year ago this week. (Photo by Chanat Katanyu)
The source believed that the impeachment of Mr Somsak and Mr Nikom is unlikely to be successful because the issue of "fostering national reconciliation and unity" will be factored in.
The source said many NLA members have agreed that an impeachment requires backing from at least three-fifths of NLA members — or 132 out of 220 members, while the number of 131 military-affiliated NLA members, who are trying to distance themselves from the impeachment bid, is also another determining factor.
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The 2007 constitution, which provided the basis for impeachment proceedings but no longer exists, is another reason the pair are likely to avoid proceedings, the source added.
The NLA voted 85-75 Thursday to accept for consideration an impeachment motion against the two former legislators after almost three-and-a-half hours of debate held in chambers on whether the NLA had a mandate to accept the impeachment bid.
NLA member Sakchai Thanaboonchai proposed the discussion and the vote be carried out in secret, which was agreed to by the assembly with a vote of 96-1, with 15 abstentions.
The decision to accept the impeachment motion was finally passed by 85 to 75, with 15 abstentions.
The National Anti-Corruption Commission (NACC) has asked the NLA, in its capacity as the acting Senate, to retroactively impeach Mr Nikom and Mr Somsak amid a dispute over whether the legal basis for the impeachment is still valid, given that the 2007 constitution under which the charges were first brought has been abolished.
In March, the NACC filed its impeachment motion with the Senate against Mr Nikom and Mr Somsak for their support of an attempt to amend the 2007 charter to make the Senate fully elected.
The NACC move came after the Constitutional Court ruled that the charter amendment to establish a fully elected Senate was in breach of Section 68 of the constitution which prohibits unconstitutional efforts to seize power.
The pair were among 383 former senators and MPs who voted to pass the charter amendment.
Impeachment of the pair was put on hold when the Senate was dissolved following the May 22 coup.
Another assembly source said Thursday the vote to accept the impeachment motion was unexpected, given that several NLA members, particularly those who are affiliated with the military, have expressed reluctance to support the motion.
However, since the meeting and the vote to accept the impeachment motion were held behind closed doors, this enabled NLA members to speak out and vote more freely, the source said.
The source added the vote in favour of the impeachment motion suggested that many NLA members believed the assembly still has the power to process the impeachment bid.
The source said about 30 NLA members, most of whom were affiliated with the military, were not present at Thursday's closed door meeting.
They had attended a krathin ceremony hosted by the army, he said.
During the secret meeting, a total of 24 members debated, NLA president Pornpetch Wichitcholchai said.
Twenty-one of them, including those from the anti-Thaksin Group of 40 Senators, tried to convince the assembly to accept the impeachment motion. They included Somchai Sawaengkarn, Tuang Anthachai and Jate Siratharanont.
But the others involved in the debate thought the motion should not be accepted because the 2007 constitution had been revoked.
Speaking before the Thursday meeting, NLA member Prasarn Muruekapitak, a leading member of the Group of 40 Senators, said the successful impeachment of the pair would also lead to "a purge of more than 300 politicians".
He referred to the more than 300 former lawmakers who voted in support of the charter amendment.
The NACC is currently processing impeachment cases against them for the same wrongdoing.
If impeached, Mr Nikom and Mr Somsak and the other former lawmakers who voted to pass the charter amendment will be barred from politics for five years.
Mr Prasarn said the issue of reconciliation and unity should not be used as an excuse to let those who committing wrongdoings off the hook.
"Reconciliation is not a magical mantra with which to whitewash offenders," he said.
He urged the NLA to move ahead with the impeachment bid, otherwise the assembly would lose its credibility among the public.