The National Anti-Corruption Commission (NACC) has focused on technical issues in its bid to sway lawmakers to impeach the former heads of the two houses of parliament.
Mr Nikom gestures while addressing the NLA at Parliament on Jan 21, 2015. (Photo by Chanat Katanyu)
The National Legislative Assembly (NLA) will vote on whether to impeach ex-parliament speaker Somsak Kiatsuranont and his former deputy Nikom Wairatpanij, who was also ex-Senate speaker, on Friday.
Although they were already removed when parliament was dissolved by the May 22, 2014 coup, a yes-vote on Friday means they will be banned from politics for five years.
The charges involved their roles during the readings of the constitution amendment bill to have a fully elected Senate as opposed to the half-appointed one stipulated by the 2010 charter in effect at the time.
Mr Nikom denied all charges while Mr Somsak waived the right to defend himself for the last time by giving the closing statement.
The NACC accused Mr Nikom of exercising his authority unconstitutionally when he did not allow all MPs signing up to debate on the bill to speak.
"Although the 57 MPs wishing to debate sought to change the bill on points that ran against its principle and reasons, I did allow them to talk.
"However, they took a very long time and covered every aspect, to the point that all members could readily vote. Some went beyond the scope of the bill, raised several objections and created chaos during the session.
"When some MPs proposed the session close, I asked the meeting whether they agreed. Before I did that, I also asked the whip to submit the list of members waiting to debate, but the NACC did not seem to take this into account," Mr Nikom said.
The NACC also accused him of failing to adhere to the rule of law, a charge Mr Nikom also denied.
"I insist I performed my duty honestly and constitutionally in line with the regulations on the joint meeting [of the two chambers]. Besides, I believe I am protected by a privilege under which nobody can charge or accuse me of anything [when exercising judgements as chairman of the meeting].
"To the accusation that I signed up to amend the law constituted a conflict of interest because I was an elected senator, I'd say this is an imagination. We didn't know then whether the charter would successfully be amended," he argued.
In its closing statement to the NLA on Wednesday, the NACC accused Mr Somsak of malfeasance and abusing his authority as parliament speaker on five issues.
NACC commissioner Vichai Mahakhun said his office had the power to proceed with Mr Somsak's impeachment.
First, Mr Somsak put up for debate the bill in a different version from what had been given to the MPs earlier.
Udomdej Rattasathian, a former Pheu Thai MP who proposed the bill, changed the content of the bill without asking other proposers to sign their names again. As president, Mr Somsak failed to verify the version of the bill.
Second, Mr Somsak deliberately ordered the session closed ahead of schedule, even though some MPs were waiting to debate on it. Instead of allowing them to speak, Mr Somsak called for a vote for the first reading to accept the bill in principle. His action violated the meeting regulations.
Third, Mr Somsak proposed the next reading date that was not in line with the meeting regulations. Fourth, he breached the right of the 57 MPs signing up to debate. Lastly, he intentionally wrapped up the second reading, violating other MPs' rights.
"As president, he should have supervised the meeting in line with regulations. Instead, he acted in manners that indicated malfeasance, and violated the constitution, the law, ethics and morality," Mr Vicha said.