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Published on August 9, 2007

A judicial investigation committee assigned to look into an alleged attempt to bribe some members of the Constitution Tribunal to help the Thai Rak Thai Party avoid dissolution in connection with the electoral fraud case against it has concluded that there is evidence to substantiate charges against two senior government officials. Acting on a complaint lodged by a political action group citing the investigation committee's findings, the Royal Thai Police force has issued a warrant for the arrest of Pol-Colonel Charnchai Netirattakarn, a former police chief in Nakhon Pathom province. The other alleged accomplice, a senior official at the Justice Ministry, is expected to face a similar criminal charge of attempted bribery.

The judicial investigative team, comprising senior judges, has already recommended disciplinary measures against the Justice Ministry official for serious wrongdoings that, if he were to be found guilty of having committed them, could be punishable by dismissal.

The investigation was ordered by Supreme Court President Panya Thanomrod following a bombshell disclosure by Justice Ministry permanent secretary Charan Phakdithanakul that two senior Supreme Court judges on the Constitution Tribunal were allegedly approached by the pair in an attempt to get them to rule in favour of the Thai Rak Thai Party.

As it turned out, the alleged bribe offers were turned down and the Constitution Tribunal proceeded to dissolve former prime minister Thaksin Shinawatra's Thai Rak Thai Party and bar 111 members of its executive committee from seeking public office for five years.

But the fact that those alleged to have attempted to rig the Constitution Tribunal's decision through bribes failed does not in any way diminish the severity of the wrongdoings. After all the Constitution Tribunal is the arbiter of issues pertaining to the highest law of the land.

One Constitution Tribunal member told police in a statement that he was offered a bribe of Bt30 million in cash. That raises the inevitable question as to whether those alleged to have offered the bribes acted on their own or whether they were acting on the behalf of others. The idea that private individuals would offer huge bribes out of their own pockets to try to sway the Constitution Tribunal's ruling on the landmark case against the Thai Rak Thai Party is too implausible to be seriously considered. That brings us to the only other possible scenario, which is that the pair served as intermediaries acting on behalf of those who would benefit if the Thai Rak Thai Party were let off the hook.

It behoves the judiciary, the provider of justice of last resort, the Constitution Tribunal, the Royal Thai Police and the National Counter Corruption Commission to get to the bottom of the matter and bring to justice the mastermind behind the alleged bribery attempt. The public has the right to know who was behind this alleged attempt to pay off Supreme Court judges and members of the Constitution Tribunal if only to see justice done, as well as to be reassured about the incorruptibility of the judiciary, an institution held in the highest esteem in this society.

Even though judges are guaranteed absolute independence in the trial and adjudication of cases in accordance with the constitution and the law, such inviolable independence comes with great responsibility, and should in no way preclude the need for the judiciary to be made accountable to the public in some way, particularly in terms of transparency and respecting the public's right to know.

The questions on everyone's minds are: why hasn't the judicial investigation committee made its findings, or the identity of the Supreme Court judge, public, and why hasn't there been any mention of any effort to widen the investigation to find out who masterminded the bribery attempt? These are valid questions that require straight answers and a strict enforcement of relevant laws to ensure that the all collaborators and the mastermind behind this bribery scandal do not escape the long arm of the law. If Thailand is to be restored as a democratic society in which the supremacy of the rule of law shall never again be challenged or undermined, we need to see to it that this case is thoroughly investigated and prosecuted under the due process of law, without fear or favour.