Fresh push for NACC oversight

Fresh push for NACC oversight

Rice case lawyer's PLAN slammed

A former lawyer for deposed prime minister Yingluck Shinawatra has called for more oversight of the National Anti-Corruption Commission in the wake of the agency's handling of the rice-pledging case against the ex-premier.

Bancha Poramisanaporn, a National Reform Council member who served on the defence team for Ms Yingluck in the case, said politicians should be granted the power to order the investigation of NACC members.

The proposal drew swift condemnation from the Democrat Party legal team, who said it would lead to intimidation of members of the anti-graft body.

Reporting for duty at the NRC yesterday, Mr Bancha said he would recommend a joint committee be set up comprising members of the both houses of parliament to conduct inquiries into allegations of unfair treatment submitted by those who are investigated by the anti-graft agency.

If the committee finds grounds to the allegations, parliament would then vote on whether the case should go before the Supreme Court's Criminal Division for Holders of Political Positions.

Under Mr Bancha's plan, support from just one-tenth of the members of parliament would be enough to send the case to court.

At present, there is no direct oversight of the NACC, although individuals are able to launch standard defamation proceedings if the feel they have been improperly treated.

NACC chairman Parnthep Klanarongran has recently suggested members of the agency should be tried by the Supreme Court's Criminal Division for Holders of Political Positions if there are complaints against them, though he did not elaborate further on the grounds for complaint.

The NACC in May found Ms Yingluck guilty of negligence for ignoring evidence of corruption in the rice subsidy programme. On Thursday, it lodged a petition with the National Legislative Assembly calling for the former premier's impeachment for her role in the scheme.

Mr Bancha has clashed openly with NACC members over the agency's handling of the charges against Ms Yingluck, particularly over its refusal to allow testimony from several key defence witnesses.

But he stressed yesterday that he was not accusing the NACC of mistreating Ms Yingluck, noting that he has not worked on the rice-pledging scheme case since April.

He said the proposal is intended to ensure transparency in NACC investigations, noting that eradicating graft and corruption are core policies of the National Council for Peace and Order and the government.

Democrat Party legal team member Wirat Kallayasiri said there are already enough safeguards in place to prevent NACC wrongdoing, saying subjects can lodge complaints with police.

Mr Wirat said Mr Bancha's proposal giving the House authority to investigate members of the NACC and impeach them seemed impossible, since the NACC's primary duty is to investigate politicians and government officials.

If the House is given a mandate to investigate and impeach NACC members, he said, it could be used as a form of intimidation and prevent the agency from doing its job.

"Mr Bancha can think about this plan, but he is going to find it difficult to change. The NRC will not accept his proposal," he said.

Mr Bancha represents independent lawyers at the reform council and said he intends to push for better checks and balances against independent organisations.

He also welcomed yesterday a proposal to drop the 20-year statute of limitations on all corruption cases. This would especially apply in cases where NACC members are accused of unfair treatment.

He said the NACC should not be dissolved, but the agency should be made accountable and its work fair and transparent.

"The NACC should not be dissolved, but reformed. And its members shouldn't be worried. This [proposal] will prove the NACC doesn't abuse anyone," he said.

Discussing other potential judicial reforms, Mr Bancha said the questioning of witnesses and suspects by police should be recorded and presented in court.

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