Panya Tantiyavarong, who was chairman of the State Audit Commission (SAC) when he committed the offence, was found guilty of malfeasance by the Criminal Court yesterday.

Following the verdict, the court granted him bail pending the filing of an appeal within 30 days.

The criminal verdict was in line with the 2004 ruling by the Constitution Court that found the nomination unconstitutional. Yesterday's decision singled out Panya for culpability.

The criminal trial against Panya was initiated jointly by government prosecutors and Prathan Dabphet, a nominee for the job.

In its decision, the court said Panya was tasked by the Constitution to nominate a candidate for the Senate to endorse the royal appointment as auditor general.

Instead of following prescribed procedures, Panya made an arbitrary decision to submit three names for the Senate to choose from.

Although the SAC named Prathan as the first-ranked nominee for the appointment, Panya submitted two failed candidates, Khunying Jaruvan Maintaka and Nonthapol Nimsomboon, as nominees too.

The Senate eventually voted to endorse Jaruvan for the job. Years of legal wrangles have ensued as the high court ruled against the nomination process leading to Jaruvan's appointment but stopped short of addressing her job status.

Early this year, the government acted on royal advice to reinstate Jaruvan because she was not culpable for the legal mayhem.

"Defendant Panya is well-educated, has obtained a doctorate and has worked in many high positions. Yet he violated his highest office in the SAC, an independent organisation, resulting in years of confusion over the position of auditor general," the court said.

Kesinee Taengkhieo

 The Nation