OAG needs major reform

OAG needs major reform

It's time Attorney-General Wongsakul Kittipromwong takes action and cleans up the back room of his office after the mess of the hit-and-run case involving Red Bull scion Vorayuth "Boss" Yoovidhya to restore public trust.

Mr Wongsakul needs to stop distancing himself from the public furore, particularly after the former attorney-general Atthapol Yaisawang pointed out some flaws in the decision, worsening public confidence in the action of public prosecutors under his supervision.

Since news about the decision of his deputy to drop a reckless driving causing death charge against Mr Vorayuth was broken by CNN on July 23, Mr Wongsakul has failed to explain the decision-making process to the public. As the OAG head, he was supposed to acknowledge it and respond to its consequences.

A letter sent to Mr Vorayuth's Bangkok address by Thong Lor police station read: "The attorney-general has ordered the acquittal of Mr Vorayuth Yoovidhya on all charges." Moreover, some media reports say Deputy Attorney-General Nate Naksuk signed off the acquittal letter on his behalf. Mr Wongsakul has to clear the air.

Last week, Mr Atthapol, who is the chairman of the Public Prosecutor Commission, issued an open letter to Mr Wongsakul questioning the legitimacy of the process to drop the Red Bull scion's charge.

According to the note, Pol Sub Lt Pongniwat Yuthapanboriparn, then attorney-general, had issued an order in 2017 to close the case, turning down petitions by Mr Vorayuth through his lawyer for justice.

The petitions had effectively stalled the case in what is seen as a legal tactic. Pol Sub Lt Pongniwat finally ordered Mr Vorayuth be prosecuted on the charge and the order had been completely effective. As a result, Mr Nate, who is director-general of the Department of Appellate Litigation and acting deputy attorney-general, cannot overrule the attorney-general's order, dropping the charge, and citing what was claimed as "new evidence".

Hence, the decision made by Mr Nate to drop the charge against Mr Vorayuth is likely illegitimate, according to Mr Atthapol, adding that the current attorney-general can overrule the order by Mr Nate.

Mr Atthapol's comments have drawn widespread criticism over the prosecutor's decision-making process and there emerged a question whether Mr Nate had the authority to do so.

Mr Atthapol said that if Mr Nate made the decision on behalf of Mr Wongsakul, the order to drop the charge might be effective, but otherwise the order that was issued in his capacity as deputy attorney-general was invalid. The blunder has shaken the country's justice system and public trust and confidence in public prosecutors who are supposed to be independent.

In social media, netizens have questioned whether the Office of Attorney-General should still be an independent agency. With this scandal, many said the OAG should no longer be an independent agency.

The OAG has to undergo reform. Mr Wongsakul cannot save himself or his organisation by staying silent. It's time he shows leadership, by taking action on the matters Mr Atthapol has raised and restoring public confidence in the OAG.

Editorial

Bangkok Post editorial column

These editorials represent Bangkok Post thoughts about current issues and situations.

Email : anchaleek@bangkokpost.co.th

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