This move might pave the way for the possible selection of Prasong Sunsiri to assume the position amid charges by critics that he's merely a front man for the junta coming in to ensure the junta's agenda is not lost through the drafting process.

Prasong was also a close aide of the anti-Thaksin Shinawatra's People's Alliance for Democracy (PAD).

This change of rule, a U-turn from what was agreed by the CDA themselves on Monday, occurred after CDA member and Constitution Tribunal member Anurak Mapraneet took the floor and told his colleagues that such a restriction would be against Article 3 of the interim constitution, which states that everyone has equal rights as human beings under the law.

He said placing such limitations could infringe the right and be regarded as 'unconstitutional'.

Critics such as Campaign for Popular Democracy (CPD) secretary general Suriyasai Katasila, said the retraction is not a good sign and will cast doubt on the independence of the drafting body. "It's a reflection on the indecisiveness of the CDA and society may wonder if the body has been interfered with. This will have an impact on their credibility."

 Thai Rak Thai Party's legal expert, Kuthep Saikrachang, interpreted the sudden retraction as a sign of lobbying and urged the public to closely monitor the development.

"Can there be lobbying? They agreed to bar outsiders only to retract it? The incident is alarming and must be watched closely."   Anurak, the man who led the U-turn move, insists it's about equality under the law, however.

"As a judge and member of the constitutional tribunal, I'm not comfortable with such resolution [barring outsiders]. I'm normally a judge and wouldn't like to be sued. This kind of resolution could be unconstitutional," said Anurak.

The U-turn was opposed by CDA member and former Thammasat University's rector Krierkiat Pipatseritham, who said the issue was not on the agreed agenda of discussion. On Monday, Krierkiat was behind the motion against outsiders assuming the post.

In the end, it came down to a vote.

Forty supported the new motion while 27 were against the adjudication and two CDA members abstained from voting.

Others who also opposed the retraction said it doesn't reflect well on the CDA as it had only agreed a day earlier to change its stance. "The resolution is not against the constitution," insists CDA member Sermkiat Woradit.

CDA member Kannikar Bantherngjit said she's baffled by the retraction of an earlier agreement and would like future agreements to be recognised as such, as those wanting to retract claimed no motion was passed on Monday and what occurred was but a loosely agreed view.

Some CDA member also took the floor yesterday to remind their peers that everyone, and not just CDA members, will be accountable

Sathien Viriyaphanpongsa

The Nation