He said the AEC will finish investigating the land purchase of Thaksin's wife Khunying Pojaman before sending the case to the Criminal Division.

AEC members will have lunch with members of the National Counter-Corruption Commission (NCCC) today to discuss both this and several other cases it is investigating.

The AEC has been investigating Pojaman's purchase of a land plot after winning the auction conducted by the Financial Institutions Development Fund (FIDF), as part of the investigation of corruption and irregularities in the Thaksin government.

The Counter Corruption Act Article 100 prohibits state officials and their spouses from engaging in contractual agreements with state agencies while they are in office.

However, an official is not guilty if he can prove he is unaware of his spouse's violation, the law said.

Meanwhile, the legal adviser to the Shinawatra family, Noppadol Pattama held a press conference yesterday defending the land purchase by Khunying Pojaman Shinawatra, saying it was legal as Thaksin Shinawatra was not a government official watching over the related agencies.

Nevertheless, AEC chairman Nam Yimyaem said it needed the court's objective interpretation of the law - not Pojaman's lawyer's explanation.

Noppadol said although Thaksin was then prime minister, he didn't violate Article 100 of the Counter Corruption Act as he wasn't directly responsible for watching over the FIDF which conducted the auction - as the finance minister was in charge of the FIDF at the time.

Although Thaksin, as prime minister, was authorised to overlook the Finance Ministry, the Article was about conflicts of interest between personal and public interest. As the auction was transparent and Thaksin was not involved, he couldn't have violated the law as he did not regulate, examine or take legal charge against the agency, Noppadol said.

Thaksin, therefore, was clear no matter if he was aware of Pojaman's purchase.

Thaksin's position to keep an eye on the Finance Ministry was like the position of former BOT Governor MR Pridiyathorn Devakula who was inevitably a board member of many agencies through his position, he said.

He said Pojaman was ready to co-operate with the AEC.

"She hasn't been worried because she bought the land honestly. Before signing the contract she consulted lawyers and learned it was legal - then she signed," he said.

He said it was normal for Pojaman to consult legal experts as the land was worth over Bt700 million.

The BOT and FIDF had also discussed Article 100 before.

Pridiyathorn, now a deputy prime minister and finance minister, said recently the purchase was legal, while BOT executives confirmed it had consulted the NCCC on the case.

Noppadol said four bidders competed in the auction for the 33 rai land plot near the Thailand Cultural Centre on Ratchadaphisek Road in December 2003, which Pojaman won.

Nobody competed in the first auction in July of the same year as the appraisal price was too high. Pojaman proposed the highest price at Bt772 million, higher than the second high bidder for Bt20 million when the appraisal price by the Department of Lands was at Bt695 million.

Moreover, the other bidders were big companies listed on the Stock Market including Land and Houses Public Co Ltd, Noble Development Public Co Ltd and Asian Property Development Public Co Ltd. There was definitely no conspiracy by such companies, he said.

Noppadol said the FIDF was a legal entity so it could decide whether to sign a contract or not.

As the buildings in the area were to be restricted to no higher than 23 metres, bidding for the plot for a condominium project wouldn't be worth the price. However, the price Pojaman proposed was comparable to the appraisal price as she planned to build her own residence on the land, he said.

Budsarakham Sinlapalavan,

Nerisa Nerykhiew

The Nation