National Anti Corruption Commission (NACC) member Vicha Mahakhun has rejected claims he is an "enemy" of caretaker Prime Minister Yingluck Shinawatra, insisting he is fit to lead the anti-graft body's probe into the premier.
Mr Vicha told the Bangkok Post that Ms Yingluck was mistaken in her belief that he had intervened in decisions made by other commissioners relating to her case, which deals with allegations of graft in the rice-pledging scheme.
Vicha: The prime minister is mistaken.
Ms Yingluck has also suggested Mr Vicha manipulated his way into taking control of the investigation, but the commissioner said his role as leader of the probe committee was decided by the other NACC members.
"We would never let ourselves be used by the opponent [of the accused]. We would not risk our careers," Mr Vicha said. "Any ruling we make must be based on evidence."
Ms Yingluck earlier petitioned the NACC for the removal of Mr Vicha from the investigation panel, saying he was her "enemy" whose impartiality could not be relied upon in this case.
The Pheu Thai Party has also accused Mr Vicha of openly attacking Ms Yingluck and blaming her in media interviews for malpractice in the rice-pledging scheme.
The NACC rejected the request of the caretaker prime minister to remove Mr Vicha, saying it did not meet the criteria for a change of investigators.
Rebutting Ms Yingluck's claim that she is being treated unfairly by the NACC, Mr Vicha said the agency has been lenient with the premier by allowing her to be represented by a lawyer.
Under the NACC's inquisitorial system, a lawyer is not allowed to act on a defendant's behalf in testifying. In Ms Yingluck's case, however, her lawyer has been allowed to examine the case, which is likely to set a bad precedent, Mr Vicha said. The NACC has made the exception due to the irregularity of the situation, he added.
"We are starting to worry because [Ms Yingluck's] lawyer has started talking, and we've told him he can't discuss the case," Mr Vicha said. "We've never made this kind of exception before. His role is to assist only."
Mr Vicha also expressed concerns about the premier's understanding of the inquisitorial system. He pointed to her claim that because the dereliction of duty charge against her was made by the NACC itself, the agency had acted as an opposing litigant rather than as a neutral body.
"In the inquiry system against political office-holders in France, a judge cannot be considered an opposing litigant," Mr Vicha said. "This applies to the NACC's inquisitorial system, which intends to establish facts. It differs from the adversarial system in which a lawyer is allowed to defend the accused."
He said the NACC is in no rush to wrap up its impeachment and criminal probes against Ms Yingluck. The anti-graft agency is committed to the inquiries, but cannot set a time frame for how long a case will take. He noted, however, that the impeachment case against Ms Yingluck is likely to be concluded before the criminal case.
"The impeachment case may be quick because it is a political case. In this case, the NACC acts on behalf of the Senate in establishing facts. A final say rests with the Senate," Mr Vicha said.
He said the criminal investigation will take more time and resources. If the NACC pursues an indictment, the case will be forwarded to the Attorney-General to act as a prosecutor. "It's hard to say when these cases will be wrapped up. The NACC must be sure of facts and evidence when it proceeds, or it will face lawsuits."
Mr Vicha said the prime minister might be summoned to give further evidence to the commissioners. The NACC's probe against the prime minister is one of two cases that will have a massive influence on the outcome of the current political crisis.
If the NACC rules against Ms Yingluck in the rice-pledging case, she will be required to suspend her duties as premier.
Countering the Pheu Thai Party's claim that the NACC has "singled out" Ms Yingluck for the probe to break the political deadlock, Mr Vicha said her name did not appear out of thin air as suggested by some pro-government supporters.
The cases against Ms Yingluck are covered in a petition lodged by Democrat leader Abhisit Vejjajiva as part of the no-confidence motion against the prime minister.
Mr Vicha said the NACC has followed the proper steps in its investigation, which was prompted by Mr Abhisit's petition. The inquiry began into an allegation that an announced government-to-government rice deal between Thailand and China was fake. Former commerce minister Boonsong Teriyapirom and others are charged with corruption.
"Based on our investigation, there are witnesses and documents indicating that Ms Yingluck, in her capacity as the prime minister and the chair of National Rice Committee, received a letter from the NACC involving corruption in the rice scheme. The NACC has grounds to believe she has failed to stop it and decided to press a formal charge of negligence of duty," he said.