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Published on March 11, 2008

The government insisted that three Cabinet members cited in a corruption case brought to the Supreme Court yesterday will continue in their jobs despite a call from the Assets Examination Committee for them to be suspended from duty.

The AEC yesterday sued former prime minister Thaksin Shinawatra and 46 members of his Cabinet for abuse of power and graft violation in their decision to introduce the two- and three-digit lotteries in 2003.

Among the former government ministers cited in the lawsuit are three members of the current Cabinet - Deputy Premier and Finance Minister Surapong Suebwonglee, Labour Minister Uraiwan Thienthong and Deputy Transport Minister Anurak Jureemas.

AEC member Udom Fuangfung said he understood that relevant provisions prescribe for the mandatory suspension of office-holders on trial. He said Surapong, Uraiwan and Anurak must stop working after the Supreme Court ruled to commence the judicial review into the lottery case.

The high court has yet to schedule a first hearing for the case.

Udom's argument about suspension is based on Article 55 of the National Counter Corruption Commission Act. The AEC's mandate derives from the same anti-graft law empowering the NCCC.

When the Council for National Security formed the AEC after the 2006 coup, it granted graft-busters a mandate to enforce the anti-graft law. However, it remains a legal grey area whether Article 55 is applicable to defendants tried by the AEC or just those under the jurisdiction of the NCCC.

At its meeting in the afternoon, the AEC members met and agreed to send a letter to Prime Minister Samak Sundaravej informing him about the case filed against former government ministers, three of whom are members of his Cabinet, according to the AEC chairman, Nam Yimyaem.

Six senior permanent officials were also cited in the AEC petition, a source said.

According to Udom, the anti-graft panel also agreed that any resolution by the AEC is tantamount to one from the NCCC, under the CNS order.

Late yesterday afternoon, an unnamed AEC official handed to Government House official Hirun Phromma a letter addressed to the prime minister. A written copy containing clauses from the relevant laws was also presented.

Meanwhile, Prime Minister's Office Minister Choosak Sirinin, who acts as the government's chief legal expert, said that after studying all relevant laws, he found that the three Cabinet members do not need to be suspended from duty.

He explained that the AEC did not sue the three ministers individually but that its lawsuit cited an entire, now-defunct Cabinet as the defendants. The allegations cited in the AEC petition were also irrelevant to the current duties being performed by the trio, he added.

"Suspension is justified when the Cabinet member involved is still active in the relevant agency. That is to prevent possible intervention in the judicial process," said Choosak, who is also a legal expert for the ruling People Power Party.

"A wider interpretation [of the relevant legal clauses] should not be applied, or we will end up having nobody to serve as government ministers," he said.

In a related development, Labour Minister Uraiwan insisted on staying on the job, even though she is one of the three Cabinet members facing trial.

"The upcoming litigation has no impact on my work and I will leave office only if convicted," Uraiwan said, adding that she had consulted with her legal advisers.

She said Article 182 of the current Constitution states that a Cabinet member must leave office only when he or she is sentenced by a court to a jail term.

Bancha Khaengkhan

The Nation