The National Anti-Corruption Commission (NACC) has decided not to appeal the Supreme Court ruling that cleared former premier Yingluck Shinawatra and five others of malfeasance in connection with a 240-million baht public relations campaign, said a source close to the matter.
The NACC voted unanimously against appealing the case after the court found there was no intent on the defendants’ part to issue the promotional fund in 2013 to favour a specific party that would constitute a conflict of interest.
The anti-graft body had pressed charges against Yingluck, former PM’s Office minister Niwatthamrong Boonsongpaisan, Yingluck’s then-secretary-general Suranand Vejjajiva, Matichon Plc, Siam Sport Syndicate Plc, and Siam Sport director Ravi Lohtong.
From August 2013 to March 2014, the NACC alleged, Yingluck, Mr Niwatthamrong and Mr Suranand abused their authority by failing to call public tenders for the PR campaign. This ended up favouring the media companies Matichon and Siam Sport, which won the contracts.
Without a bidding contest, Yingluck, Mr Niwatthamrong and Mr Suranand contracted Matichon to carry out a campaign in 12 provinces to promote infrastructure projects for which the government planned to borrow 2 trillion baht.
When the Constitutional Court later ruled that proposed legislation to allow the borrowing was unconstitutional, the promotional roadshow was cancelled. The 240 million baht spent on the campaign was wasted, said the NACC.
The Supreme Court said government organisations and the cabinet at the time had approved the Yingluck government’s transport infrastructure projects. As well, the Budget Bureau agreed that she, as the prime minister, could allocate a contingency fund for the PR project.
As such, the court ruled, no damage was caused to the state over the disbursement of the PR funds and the awarding of the contract to Matichon and Siam Sport.
Consequently, the NACC had no legal basis on which to pursue an appeal, the source said.
The NACC’s decision not to pursue the case means one more obstacle has been removed from the path to former premier Thaksin Shinawatra regaining full political control of the government, said Thepthai Senapong, a former Democrat Party MP for Nakhon Si Thammarat.
Both Thaksin and his sister Yingluck fled the country at different times to avoid sentences handed down by the Supreme Court — Thaksin for helping his then-wife obtain prime land in Bangkok at a discount while he was prime minister, and Yingluck for dereliction of duty in connection with a rice-pledging programme that ran up at least 500 billion baht in losses, some of it from corruption.
Now that Thaksin is back in the country and has been granted parole without ever spending a night behind bars, it has been speculated that Yingluck could follow suit.
They would both work to cement the hold of the ruling Pheu Thai Party — now led by Thaksin’s daughter Paetongtarn — on power, said Mr Thepthai.