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Published on April 9, 2008

In fact, Chaiya's seat has been vulnerable virtually from Day One, as he was the target of activist groups, doctors and NGOs who were collecting 20,000 signatures to press for his removal because of his compulsory drug licensing policy.

He was dubbed the "antenna" for his tendency to draw unnecessary controversy to himself.

Now it seems that he's slipped on a banana skin after the National Counter Corruption Commission (NCCC) found him guilty of failing to submit reports of his and his wife's assets by the deadline.

"I am not guilty of the delay in notification to the NCCC about my wife's assets. Everything I've done has followed the 1997 Constitution," he said with a shaking voice and tears in his eyes.

The NCCC found Chaiya guilty on Saturday, saying that he failed to submit the assets notices to the NCCC within 30 days of being named minister.

In question is his wife's shareholding of only Bt2.5 million. But that is likely to cost him the ministerial position.

Chaiya, who is deputy leader of the People Power Party, started his job at the Ministry of Public Health on February 6. He was supposed to submit his asset report to the NCCC's chief by March 6. But he submitted the notification on April 2. His wife also failed to inform the NCCC that she held 25,000 shares, or Bt2.5 million, amounting to 50 per cent, of registered capital in a private firm.

At first, Chaiya insisted he was not wrong. He understood that the requirement prohibiting a minister from holding more than five per cent of shares in a company would not apply to his family.

In trying to defend himself, he said the mistake was caused by carelessness. But the NCCC viewed his failure to submit the report on time as intent to conceal assets, considered a serious offence.

Before any decision to quit from his post, he says he is waiting for the formal decision from the NCCC, then he will consult with Prime Minister Samak Sundaravej over his case.

Since Chaiya took over at the Health Ministry, he has faced opposition from local and international civic groups including health activists, a patients' network, and a group of rural doctors. They oppose his plan to review the enforcement of compulsory licensing for cancer drugs, imposed by his predecessor, Dr Mongkol Na Songkhla.

Chaiya also drew controversy with distasteful jokes. Once, he said HIV/Aids patients should eat paper flowers (used in the Buddhist funeral ceremony). The remark caused uproar among the civic groups.

Even though he reversed his decision and decided to continue with compulsory licensing, the U-turn failed to assuage the anger of the civic groups. A chairman of the Rural Doctors' Society, Dr Kriengsak Watcharanu-koolkiat, said the health minister was still guilty of causing damage to the country and the morality of health officials.

A few weeks later, Chaiya was asked to quit because he had transferred the Food and Drug Administration chief, Dr Siriwat Tiptaradol, to the post of general inspector at the Health Ministry.

Kriengsak described this decision as unfair and having a hidden agenda. He suspected that Siriwat's transfer was linked with the controversial compulsory licensing issue.

Siriwat worked on the previous government's compulsory licensing of expensive HIV/Aids, cancer and heart drugs, which will enable poor patients to have access to these drugs at much lower prices.

Siriwat was also the head of the committee to negotiate price reductions with drug firms.

Kriengsak and Saree Ongsomwang, both consumer group activists, have collected 14,000 signatures across country, short of the required 20,000 required to ask the Upper House to impeach Chaiya.

Although the effort to impeach him is still underway, the civic groups don't seem to have any other options to remove him except to continue to gather enough signatures on the petition.

But now it seems that Chaiya is doing the job for them through his own carelessness.

Yesterday, Chaiya said he was not willing to step aside yet. He had to wait for the final decision from four parties - consisting of the prime minister, the NCCC chairperson, the Upper House chairperson, and the Election Commission of Thailand - whether to send his case to the Constitution Court.

But the prospects are not promising for him. In fact, Chaiya's case may lead to the removal of more Cabinet members. Prime Minister Samak may have to reshuffle his team sooner than he thought.

 

Pongphon Sarnsamak

The Nation