The move might pave the way for the possible selection of Prasong Soonsiri amid charges by critics that he is merely a front man for the junta to ensure its agenda is not lost during the drafting process.

Prasong was also closely associated with the anti-Thaksin People's Alliance for Democracy (PAD).

The change in rule, a U-turn from what was agreed on by CDA members on Monday, occurred after CDA and Constitution Tribunal member Anurak Mapraneet told the agency 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 on 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 would cast doubts on the independence of the drafting body.

"It's a reflection on the indecisiveness of the CDA, and society may wonder if there has been interference in the agency. This will have an impact on their credibility."

Thai Rak Thai Party legal expert Kuthep Sai-krachang 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? This development is alarming and must be watched closely."    

Anurak, the man who led the U-turn, insisted it was about equality under the law. "As a judge and a member of the Consti-tution Tribunal, I'm not comfortable with such a 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 rector Krierkiat Pipat-seritham, who said the issue was not on the agenda for 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 voted against and two CDA members abstained.

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," CDA member Serm-kiat Woradit insisted.

CDA member Kannikar Ban-therngjit said she is baffled by the retraction and would like future agreements to be recognised as such, as those wanting to retract claimed no motion had been passed on Monday and what had been agreed was only a loosely held view.

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

Meanwhile, Permanent Secre-tary of the Ministry of Justice Jaran Phakdeethanakul, another possible candidate to head the drafting-body, said he may not have time to fulfil the duty. "If I could choose, I wouldn't want to assume the position. If selected ... I may have to resign from being the Justice Ministry permanent secretary, which I don't want to because I only began work a few months ago and there are still things I want to achieve."

Sathien Viriyaphanpongsa 

The Nation