• 
• 

Published on March 19, 2008

The high court overturned the lower court's guilty verdict on grounds that State Audit Commission chairman Panya Tantiyawarong had no malicious intent in connection with his involvement in the controversial nomination.

"Panya committed a lapse of duty but had no intent to cause any damage on his commission. He derived no personal benefit from his act," the court said in the appellate review.

Panya was in charge of selecting a candidate for auditor-general. Instead of naming one candidate as prescribed by relevant provisions, he decided to put forward three names: Prathan Dabphet, Khunying Jaruvan Maintaka and Nanthaphon Nimsomboon.

The Senate voted to recommend Jaruvan for royal appointment.

Prathan sued Panya for lapse of duty, arguing that under relevant provisions, Panya had no choice but to submit his name alone for the job because of his having the highest number of support votes during the selection process.

In 2006, the Criminal Court found Panya guilty of malfeasance and sentenced him to serve three years in jail. He was granted bail pending the appellate review.

The high court ruled that Panya had noticed his mistake and tried to recall his memorandum on the three nominations.

However, the Senate refused to send it back. It instead went ahead to form a majority decision to scrutinise the nominations based on the memorandum, which it said was in order and should not be revised.

Panya was in no position to override the Senate's ruling, the court said, adding that his involvement in the matter caused no harm because, if any damage had been incurred, it was as a result of the senatorial voting on the winning candidate.

Panya and Prathan both refused to comment following the verdict. It remains unclear whether the plaintiff will seek a final review by the Supreme Court.

KESINEE TAENGKHIO

The Nation