But the Assets Examination Committee (AEC) would be the body to take legal action against Thaksin and Pojaman.

The Financial Institutions Development Fund said its decision would allow the AEC to further investigate the case and take legal action.

Phairoj Hengsakul, assistant governor as well as manager of the Fund, said the FIDF would today file a charge against Thaksin and Pojaman with the AEC, which recently set up a panel to investigate the land purchase.

In 2003, Pojaman spent Bt772 million to buy four plots in the Ratchadaphisek Road area. The land was put up for auction by the FIDF.

Phairoj said, according to procedure, AEC would submit the case to the state prosecutor to consider whether to file a lawsuit against Thaksin and Pojaman to the Supreme Court's political-case department.

The FIDF head said the charge was based on Article 100 of the National Counter Corruption Act. The decision was made after considering the AEC's evidence.

According to Article 100, government officials - including prime ministers - and their spouses are prohibited from entering into or having interests in contracts made with state agencies under their authorisation.

 "When the AEC asked us to proceed in order to bring about a trial, the Fund has considered and decided that in order to make the trial transparent, we have to file the charge," Phairoj said.

According to Article 66 of the National Counter Corruption Act, if a damaged party wishes to file a charge accusing a prime minister of malfeasance, the party has to file the charge with the National Counter Corruption Commission (NCCC). The AEC has been responsible for the NCCC's duty in this case.

According to Article 67, the filed charge must have details of the name and address of the damaged party, as well as the name and position of the person accused of committing the wrongdoing. The details must also include the charge as well as the alleged wrongdoing.

Article 4 indicates that persons committing malfeasance must be the officials who directly supervised the damaged party - in this case, the FIDF.

Phairoj said the FIDF had considered the Council of State's opinion on other cases regarding Article 100 because Thaksin did not directly supervise the FIDF.

The AEC yesterday also agreed to appoint a panel to investigate irregularities and corruption in the Thaksin government's Bt1,440-million rubber seedling project as well as the procurement of CTX 9000 bomb scanners and power supplies to Suvarnabhumi Airport, AEC spokesman Sak Korsaengruang said yesterday.

The AEC found that the alleged irregularities and corruption in the rubber case had some grounds relating to seven groups.

The groups include the whole Cabinet for malfeasance, and Charoen Pokphand Seeds - a unit of Charoen Pokphand Group - for avoiding a free and fair bid. However, the AEC would have to wait for the damaged parties to file complaints before filing charges, Sak said.

Newin Chidchob, a key Thai Rak Thai member and a former deputy minister for agriculture, could be one of the suspects in the rubber case.

The damaged parties for the rubber project could include the Agriculture and Agricultural Cooperatives Ministry.

This is the first case in which charges would be filed against the whole Cabinet.

Anoma Srisukkasem,

Budsarakham  Sinlapalavan

The Nation