Jaruvan told 'think carefully'
Former auditor-general nominee Prathan Dabphet yesterday asked Auditor-General Khunying Jaruvan Maintaka to follow her conscience in the wake of a Criminal Court ruling on Tuesday that found the former State Audit Commission (SAC) chairman involved in her nomination guilty of malfeasance.
Panya Tantiyavarong was sentenced to three years in prison. In 2001, Panya was tasked to nominate a candidate for the Senate to appoint as auditor-general. Although the SAC named Prathan as the first-ranked nominee, Panya submitted two failed candidates, Jaruvan and Nonthapol Nimsomboon, as nominees too.
Prathan said during a press conference yesterday that even though the court process had not ended, it should be understood that submission of a nominee who was not top ranked had sparked the controversy surrounding the auditor-general.
The Criminal Court verdict referred to last year's Constitution Court ruling that found Jaruvan's nomination unconstitutional.
Prathan said yesterday he was not asking for Jaruvan to take any responsibility for the problematic nomination.
"If she wants to remain in office, let her. There are criticisms that the nomination was not righteous. Nobody can do anything [to remove her]. But I think it's inappropriate to cite royal command," he said.
"Jaruvan shouldn't mention the royal endorsement. She ought to consider the court verdict," he said.
Following the Criminal Court verdict, Constitution Court judge Jumphol na Songkhla said the Criminal Court was in line with the 2004 ruling by the Constitution Court that found the nomination unconstitutional. However, he added, senators who supported Jaruvan disagreed with the ruling.
Jumphol said Jaruvan should have quit the position since the Constitution Court made the ruling two years ago. But he refused to discuss the possible impact of Tuesday's verdict on Jaruvan's position.
However, Kittisak Prokati, a law lecturer at Thammasat University, said the court ruling did not touch on Jaruvan's job status because the verdict was against Prathan, and not against the Senate which appointed Jaruvan.
It was Panya and the SAC board that had to follow the agency's regulations, and not the Senate, who picked Jaruvan from the three nominees in good faith, the law expert explained.
"Also the Criminal Court didn't say its ruling should impact the auditor-general's post," he said.
Sucheera Pinijparakarn
The Nation
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