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Whose jurisdiction is it?

Police report asks NCCC to decide whether to go it alone on the case

Published on August 11, 2007



Police yesterday submitted a report to the National Counter Corruption Commission (NCCC) outlining the alleged bribery attempts involving a retired police officer and a senior judicial official, who tried to rig the electoral-fraud verdict against the Thai Rak Thai Party.

"Because two past and present state officials are involved in the bribery, the NCCC will have to rule whether to handle the case or let police solve it ahead of prosecution," said assistant national police chief Lt-General Jongrak Jutanont.

Jongrak confirmed that suspect Colonel Chanchai Netiratakan would surrender on Monday, a day ahead of schedule, in order to quell speculation about him fleeing the country.

In regard to another suspect in the Office of the Judiciary Commission, the NCCC is expected to decide soon whether to treat the case as a graft violation or assign police to launch criminal proceedings, he said.

Meanwhile, National Counter Corruption Commission member Vichai Vivitasevi said his commission was examining pertinent provisions with the aim of finding an exception to classify the attempted bribery as a graft case.

"Suspects involved are state officials, but they are not linked to the execution of duties relating to the verdict in question, hence their alleged bribery offers fall under the Criminal Procedural Code and not the anti-graft law," he said.

He said he would have to study the Supreme Court report on the involvement of the senior judicial official before deciding whether the case fell under the commission's jurisdiction or that of the police.

In a related development, activist Veera Somkwamkid vowed to file a complaint charging Supreme Court president Panya Thanomrod with lapse of duty, alleging that Panya had learnt about the bribery attempts by the two suspects in November but failed to take action.

Justice Minister Charnchai Likhitjittha said he had already given his statement to police detailing how the bribery attempt had come to his attention.

The two suspects used their school-tie connections to approach the two Constitution Tribunal judges, he said.

They are both law graduates from the Thammasat University Class of 1966.

Fellow graduates include Charnchai, Panya and the two judges, ML Krairerk Kasemsant and Somchai Pongsara.


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