The justice minister has ordered an investigation into the alleged illicit import of more than 200 million baht worth of timber in 2010 and whether former Department of Special Investigation (DSI) chief Tarit Pengdith abused his authority by neglecting to prosecute the case.
Justice Minister Paiboon Koomchaya has instructed Chatchawal Suksomjit, permanent secretary for justice, to look into Mr Tarit's decision not to indict suspects over the imported wood, Dusadee Aryawuit, deputy permanent secretary for justice said yesterday.
Piyachat Amnuaywech, a wood trading businessman who expressed doubts over the results of the DSI's 2010 investigation, filed a petition with the Justice Ministry, prompting Gen Paiboon's order.
The probe will focus on whether Mr Tarit showed poor judgement and also whether there is new evidence sufficient for the authorities to reopen the case, Pol Col Dusadee said.
In 2010, the DSI began investigating allegations that Antana Co had broken the law by importing teak wood worth 204 million baht, but that it failed to declare the country of origin or obtain formal permission from authorities in Myanmar — where the wood was from.
Mr Tarit appointed Chatchai Thosinthiti, director of the DSI's northern special cases operation centre, to lead the probe. But later, Mr Tarit altered his instruction and replaced Mr Chatchai with Chamnan Chanthawit, who was chief of the DSI office handling tax-related cases.
The investigation concluded with a recommendation for public prosecutors to indict the company for falsely declaring the imported wood, Pol Col Dusadee said.
A DSI deputy chief at the time, however, allegedly disagreed with the finding and asked Mr Tarit to object, claiming that the suspects had no intention of avoiding import duty, Pol Col Dusadee said.
The deputy chief, identified by a source in the department as Pol Col Narach Sawetanan, also recommended that the wood remain confiscated until the end of the legal process.
Mr Tarit ultimately agreed, and public prosecutors never pursued the case.
A source at the Justice Ministry said a fact-finding panel has already submitted preliminary findings to Pol Gen Chatchawal which indicate there may be sufficient evidence to reopen the case based on irregularities in the original investigation.
The panel's report said it was unnecessary for the DSI to determine whether the suspects intended to avoid paying duty when contemplating if the suspects violated import laws.
It said it was only relevant that the company failed to prove the origin of the wood and that the wood was allowed to be exported from Myanmar.
They also found the DSI had returned the confiscated wood to Antana Co even before the department received the formal letter from prosecutors with their decision not to indict the suspects.
In his recommendation not to prosecute, Mr Tarit cited the Barcelona Convention to back his belief that Antana Co was exempt from having to obtain permission from Myanmar authorities for its import.
But, according to the Justice Ministry source, the convention can be cited only in cases where the export of wood from Myanmar is to a landlocked country.
The panel noted that Mr Chatchai and three other members involved in the investigation were transferred to other duties. The four were also sued in a civil case by the company demanding 40 million baht in compensation, though a court later dismissed the suit.
Crucially, the panel reported that Phichet Lerslam-amphaiwong, one of the suspects, later told Mae Hong Son Provincial Court that he handled the customs process on behalf of Antana Co and said he was well aware that two declaration documents were needed.
He was testifying during a separate criminal suit brought by local police against him and other suspects.
The Justice Ministry source said Mr Phichet's testimony is seen as sufficient new evidence for the launch of a review.