The Constitutional Court has found Prime Minister Srettha Thavisin guilty of a gross violation of ethics for appointing ex-convict Pichit Chuenban as a cabinet minister. The ruling resulted in Mr Srettha being dismissed after less than a year in office.
The ruling on Wednesday also terminates all positions in the cabinet, but ministers will stay on in a caretaker capacity. Deputy Prime Minister Phumtham Wechayachai will serve as acting prime minister until a new premier can be selected by the House of Representatives.
Mr Srettha told reporters at Government House that he respected the court’s decision, even though it was not what he had hoped for.
"I don’t have any authority left,” he said. “The authority is now with the caretaker prime minister."
Mr Srettha also regretted that he would be seen as an unethical leader. "I am sad that I was seen as unethical. I can assure you that I am not that type of person," he said.
If Mr Phumtham is unable to assume the caretaker role, Deputy Prime Minister Suriya Juangroongruangkit would take over, said Mr Srettha.
The future administration will determine key government policies, including the 10,000-baht digital wallet scheme, the Land Bridge initiative and soft power projects, according to the property tycoon turned politician.
Mr Srettha said he would still like to contribute to the nation in other roles.
The Stock Exchange of Thailand (SET) index sank 17 points as the ruling was being read, but recovered to finish the day at 1,292.65, down 5.10 points from Tuesday.
The nine judges ruled 5-4 to dismiss Mr Srettha from office. The prime minister did not attend the hearing but sent his secretary-general Prommin Lertsuridej. Former senators Direkrit Jenkrongtham, Somchai Sawaengkarn and Prapan Koonmee represented the group of 40 former Upper House members who filed the original complaint against Mr Srettha.
The senators had asked the court if Mr Srettha should be removed from office under Section 170 (4) and (5) of the charter, which deals with the ethics of cabinet ministers. (Story continues below)
The nine judges of the Constitutional Court gather to read their ruling to dismiss Prime Minister Srettha Thavisin from office on Wednesday. (Screenshot)
Bribery conviction
Pichit was sentenced to six months in prison in 2008, and served time, along with two colleagues after they tried to bribe Supreme Court officials by handing them a paper bag containing 2 million baht inside a lunch box. He was deemed unfit by critics to serve as a cabinet minister.
All three were representing former prime minister Thaksin Shinawatra and his ex-wife Khunying Potjaman na Pombejra in the Ratchadaphisek land purchase case, for which Thaksin was sentenced to two years in prison in 2008.
Thaksin was charged with abusing his authority while prime minister to facilitate Khunying Potjaman’s purchase of 33 rai of land in the Ratchadaphisek area from the Bank of Thailand’s Financial Institutions Development Fund at a discounted price of 772 million baht in 2003.
Pichit resigned in May as a PM’s Office minister after serving for just three weeks, which was seen as a bid to spare Mr Srettha from legal trouble. The court dropped the case against Pichit but decided to go ahead with the case against the prime minister.
In his defence, Mr Srettha said that as a businessman, he was not familiar with all of the rules governing ministerial appointments. However, the court said that was no excuse as the Pichit case was well-known.
The judges said Mr Srettha was aware that Pichit had a dubious past. They noted that on April 29, he held an urgent meeting with advisers to consider Pichit’s qualifications, and this showed that he knew there may have been a problem.
Mr Srettha, a real estate billionaire, was one of three candidates put forward by the Pheu Thai Party during the general election campaign last year. He was chosen as the 30th prime minister of Thailand in a joint sitting of the House and Senate on Aug 22 last year, with 482 votes for, 165 votes against and 81 abstentions.
What happens next?
Parties must now decide who they will nominate and vote for as the next premier based on the list of candidates that was submitted prior to the May 2023 poll.
It is expected not all candidates would be put forward, with horse-trading likely to take place between parties in return for cabinet positions.
The Speaker will convene parliament for the House of Representatives to vote for the next premier. Unlike last year, the Senate will not have a vote on the issue. There are no rules specifying how long the process might take.
To become prime minister, a candidate needs the backing of more than half of the current 493 lawmakers, or 247 votes. If they fall short, the House must meet again later and repeat the voting process, with a chance for other candidates to be nominated.
The 11-party coalition government has 314 seats in the House.
The main candidates for the premier’s position, based on the lists submitted by the parties last year, include Pheu Thai leader Paetongtarn Shinawatra, 37. But her father Thaksin, still considered to have the final say on party matters, has expressed reservations about her moving into a high-pressure position too soon.
Chaikasem Nitisiri, a former justice minister and Pheu Thai stalwart, was the party’s other candidate but age and health appear to rule him out.
Deputy Prime Minister Anutin Charnvirakul, head of the Bhumjaithai Party, the second-largest in the coalition, is seen by many as the compromise candidate who will emerge on top.
Other possible contenders include Energy Minister Pirapan Salirathavibhaga, leader of the conservative Thai Raksa Chart Party; and Gen Prawit Wongsuwon, head of the military-aligned Palang Pracharath Party.
Gen Prawit was involved in the last two coups against Shinawatra-led governments.
Then-deputy prime minister Anutin Charnvirakul observes as then-prime minister Srettha Thavisin addresses reporters at Government House in Bangkok, February 2024. (File photo: Chanat Katanyu)