Bangkok governor MR Sukhumbhand Paribatra came out swinging this week after he and other officials were accused of being responsible for irregularities in City Hall's 39-million-baht New Year light show project. Not only did the governor say he would not resign, he also threatened to sue anyone accusing him of wrongdoing.
Legally speaking, the governor is within his rights. Although accused by the State Audit Commission (SAC) of being involved in allowing irregularities in the project, the findings must now be sent to the National Anti-Corruption Commission (NACC) for further action, namely the setting up of another fact-finding committee. If the NACC concludes that there are grounds to the allegations against the governor, MR Sukhumbhand is required to halt work.
If the NACC concurs with the SAC, then starts the next phase -- legal action. The wheels of justice -- including investigative procedures and process -- move painstakingly slowly in Thailand and it will be a while before the case comes to any definitive conclusion. And it is likely that MR Sukhumbhand will serve out the rest of his term.
And although the governor said that he cooperated fully by appointing officials to respond to the SAC's probe, questions will continue to hover over his role in the project by the most important judges of all -- the people of Bangkok, the electorate whom he serves.
The allegations against the governor and eight other officials are numerous. The SAC said they found evidence of price collusion in the contract bidding process. Other alleged irregularities have also been detected in spending on the project. For example, the Bangkok Metropolitan Administration had diverted an emergency budget -- the wrong type of budget -- to fund the display.
The commission also found that the companies that won the contract had no experience installing light decorations. These companies were registered almost at the same time as City Hall announced its plans to use decorative lights to promote tourism.
Two of the companies were found to belong to the same network and they sought registration so they could be allowed to ask for information on the project's median price. These two companies were unqualified but they sought registration to meet the terms of reference (ToR) announced by City Hall.
The SAC claimed the ToR did not pay attention to the qualifications of bidders, settling for any registered companies. The probe also found that the winning bidders had light decorations ready for the show even before the outcome of the bidding was announced, which only fuelled suspicions of irregularities.
In his defence, the governor has responded to one of the SAC's findings -- that it was necessary to divert funds from the emergency budget to fund the display since City Hall's tourism budget had been slashed from the requested 241 million to 51 million baht. He said the project was justified because it drew more than 1.6 million spectators with more than 10 million baht spent by visitors at the time.
Repeatedly, and all too often, our elected office bearers (members of parliament and cabinet ministers) stick to legal process and defences when scandals erupt. The ensuing investigation in this case, like so many others in the past, could result in a legal case. This means the answers to the allegations will take years before they emerge.
Like many individuals who seek elected office, the governor is duty-bound to serve the people who voted -- and did not vote -- for him. The governor should take this opportunity to set an example. Bangkokians deserve to hear clear explanations from their governor to the point-by-point allegations made by the SAC. He should give them it now.