Independent bodies caught in the eye of a political storm

Weerayut Chokchaimadon

The Nation

 The current situation is not different from that of recent years. Each side is attempting to influence key government and ad hoc agencies to benefit itself while ruining its opponents.

The People Power Party is now shifting the momentum in this power game to the pro-Thaksin camp. Thaksin's allies learned from the mistakes that led to the crisis of faith and then loss of power due to the military coup in September 2006. Thus, Samak Sundaravej and his People Power Party-led government have not taken long to fix errors and have worked hard to undo the junta's legacy in any way that could cause them discomfort on their smooth ride.

Shortly after Samak became prime minister in early February, he imposed swift changes in agencies backed by the coup leaders to ensure they would pose no threat to his government. Samak made the military, a key factor that could decide the survival of a government after a coup, his top priority. Along with assuming the premiership, he made himself defence minister so that he could control the armed forces' commanders who staged the coup to oust Thaksin.

Instead of taking revenge for Thaksin, Samak made friends by ensuring the commanders that they would not be removed from the top posts. In particular, he and Army commander-in-chief General Anupong Paochinda are getting along well. Samak brought Anupong along for visits to neighbouring countries, although the government's opponents allege he did so only to prevent a possible coup attempt.

Recently, Anupong reshuffled 104 colonels and regimental commanders in what was seen as a move to remove key senior officers close to former junta leader General Sonthi Boonyaratglin and thus abort any potential coup attempts. As Anupong's term will last two-and-a-half years, he has no need to jeopardise his position.

The winds of change have blown through the Royal Thai Police. Samak replaced police chief Seripisut Temiyavej with Pol General Patcharawat Wongsuwan.

But the more significant move Samak made was when he nodded his approval for the reappointment of Pol Lt-General Preowpan Damapong, the older brother of Thaksin's wife Pojaman, to the position of deputy national police chief. Many believe that Preowpan will become police chief in the near future.

A crucial change also took place at the Department of Special Investigation (DSI), a key agency that is handling some of the corruption cases against Thaksin.

Sunai Manomai-udom was removed from his top post at the DSI weeks after the government assumed power. He was replaced by Thawee Sodsong, a former senior police officer allegedly close to Thaksin. Thaksin's opponents cried foul, saying that it was done in an attempt to have the cases dumped.

A few weeks ago, the DSI under Thawee launched its first major initiative by scrutinising the Election Commission (EC) over allegations that a number of election ballots were covertly used to benefit the Democrat Party in the December polls.

Although no crucial transfer of senior officials was made at the Office of the Attorney-General (OAG), the agency's latest moves have benefited Thaksin.

During the Surayud government's term, the agency passed only the Ratchadaphisek land scandal and the case involving Thaksin's alleged tax avoidance with stock trades - two of more than 10 cases launched by the Assets Examination Committee (AEC) against Thaksin - to the Supreme Court and Criminal Court respectively.

After the PPP-led government took power, however, the OAG dropped two other charges, concerning the two- and three-digit lottery and the rubber-sampling project.

While the EC's appeal calling for the dissolution of the Chart Thai and Matchima Thipataya Parties is awaiting OAG approval so that it can be passed on to the Constitution Court, Thaksin's opponents are pessimistic about the case.

Although the EC could legally pass the case to the Constitution Court if the OAG drops it, the EC's next case, which threatens the dissolution of the People Power Party, could also be aborted because both cases are similar in that they concern allegations of party executives involved in election fraud.

The AEC, NCCC and the EC have resisted the government's attempts to assert its clout over the political landscape.

As time is running out for the AEC - its term will expire in June - members of the agency have vowed to bring Thaksin to prosecution. Thaksin's enemies who sit on the panel refuse to raise the white flag, even though most of the coup leaders have reached "compromise" deals with Thaksin. The AEC's members include Nam Yimyaem, Kaewsan Atibodhi, Jaruvan Maintaka, Klanarong Jantik and Sak Korsaengrueng.

The AEC is attempting to complete all of its investigations before its term ends. If it fails to meet this deadline, these cases will be relayed to the NCCC, which has also shown no mercy for the Samak government. The NCCC ruled about two weeks ago that Public Health Minister Chaiya Sasomsap should be disqualified from holding office for failing to declare his assets. Chaiya refused to quit, saying he would wait until the Constitution Court delivers its final verdict.

This does not include three ministers - including Finance Minister Surapong Suebwonglee, Labour Minister Uraiwan Thienthong and Deputy Transport Minister Anurak Jureemas - who remain defiant in the face of the AEC's call that they be suspended after being found guilty in the two- and- three-digit lottery case. They insist they will wait until the legal process goes to the Supreme Court.

The EC has been showing its hostility toward the People Power Party, after which it gave some of the party's MPs red cards for electoral fraud. One recipient was Yongyuth Tiyapairat, a PPP executive and close aide to Thaksin, who was disqualified and suspended from his duties as Parliament president and House speaker less than a month after he took the posts. Yongyuth's case is linked to an attempt to dissolve the People Power Party in accordance with the law stating that a party should be held responsible for illegal actions committed by its executives.

To ruin its opponents' position, the People Power Party is manipulating its control of the House to amend the Constitution. Along with other initiatives, the party plans to nullify the rule that could lead to its dissolution.

Moreover, the People Power Party wants to shorten the terms of the NCCC and EC to about six months from the time the amendment goes into effect in an alleged effort to rid the country of the junta's legacy.

Although it is too early to say if members of the new Senate and Constitution Court will pose a threat to the Samak government, Thaksin's opponents are wary of government attempts to interfere in the selection process by nominating its own people for the posts.