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Published on March 12, 2008

Samak insisted his ministers should keep their jobs while awaiting possible trial in the lottery graft case, arguing that the three are not in a position to tamper with the judicial process.

The Supreme Court has until May 14 to decide whether to proceed with the case submitted by the AEC.

"The intent of the law does not cover ministers who had already left the job linked to their involvement in the case," he said, refusing to enforce a provision prescribing the suspension of duty for defendants tried for graft violations.

The AEC is suing former prime minister Thaksin Shinawatra and 46 members of his Cabinet for abuse-of-power and graft violations 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.

Udom said the AEC had pointed out relevant provisions as to why the three ministers must be suspended from duty, and the consequences of not complying with the law.

He warned of problems if the government failed to take a proper ethical stance on the issue.

Samak argued that the introduction of the two- and three-digit lotteries happened in 2003, and the reappointment of the three ministers in his government had no bearing on the case.

"There are three cases against high-power officials, but they had left the positions which they held before the charges were levelled against them. They have not been suspended from duty,'' he said.

Samak refused to say whether the government would request a Constitution Court ruling, saying officials were discussing the legal aspects. He admitted that legal specialists were divided over whether the three ministers should be suspended.

He said he expected to know what the next step would be before May 14 - when the Supreme Court must decide whether to accept the AEC case - adding that it was too soon to consider a Cabinet reshuffle in light of the issue facing the three ministers. Khunying Pornthip Jala, secretary-general of the Council of State - the government's legal advisory agency - said the Cabinet had not yet sought legal recommendations from the council in regard to the three ministers. She said it was, however, ready to examine the issue.

The Nation