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EXCLUSIVE INTERVIEW

It is Thai tradition to lobby : Attorney General

Six months after taking over as Attorney-General, Chaikasem Nitisiri talks to The Nation's Kornchanok Raksaseri and Somroutai Sapsomboon, on his work and his dispute with the Assets Examination Committee on alleged corruption cases involving the Thaksin Shinawatra government.



It is Thai tradition to lobby : Attorney General

He also speaks about his indictment over alleged involvement

in the CTX scanner purchase scandal.

 

Q :  The Attorney-General, of late, seems to be at odds with the Assets Examination Committee on many cases. Previously, they had agreed to file the controversial Ratchadaphisek land purchase case in the court. Is it a coincidence that the disagreements have happened after you became the Attorney-General?

A : Attorneys have to maintain their standard. Whether the cases are from the AEC or the National Counter-Corruption Commission [NCCC], we have to treat them in the same way. We have worked on the cases with the NCCC - which is based on similar laws as the AEC - for many years. We never had a problem.

Actually, the groups working on the cases before and after I took this position are the same,

except for some retired members.

Lately, the standard of the cases reported by the AEC were different from the past. There

also were problems about interpretation of the laws. The AEC also had time constraints.

Meanwhile, the Attorney-General has to plug any holes in a case before sending it to the

court. We cannot take a risk.

There is a difference of opinion in the interpretation of the law that allows the AEC to file the case directly to court if it has an opinion different from that of the Attorney-General.

Q : To what extent could there be different opinions on a case?

A: It could be on whom to sue and whom not to sue. But the AEC thinks just different opinions on whether it should investigate more or not suffices to take recourse to the option of sending a case directly to court.

Q : Could such an agreement hurt the image of the attorney-general when you have the duty

to file cases in court?

A : I haven't said I wouldn't file the case. I just said the AEC should have had its report complete. But the AEC insisted and showed it wanted to file the

cases directly.

Q : Has there been disagreement between the attorney-general and the NCCC on cases

in the past?

A : On many occasions the attorney-general had differences with the NCCC regarding

a case, but the NCCC never directly filed the case. When concern was raised, the NCCC

complied with the recommendation. 

 

Q : Do you have a close relationship with former PM Thaksin Shinawatra, as

alleged?

A : I know Thaksin well as he was a prime minister. We met once at a meeting on

Suvarnabhumi Airport construction, but we have never talked personally. We then met

at events sometimes. Besides that, I don't have any close relationship to any politician.

In fact, Thaksin might not be pleased with me. I was an arbitrator in the dispute

between iTV and the Office of the PM's Secretariat. And I was among those who opposed iTV.

Q : Do you guarantee that you will not favour people close to

Thaksin while deciding on cases?

A : The situation is critical and conflicts are everywhere. We have to be cautious. We must be able to justify our decision. What can I do? If I favour powers that be today, the government is changed in the next two days, how can I survive

then? 

Q : Do you feel bad about the AEC indicting you in relation to the CTX bomb-scanner purchase? Do you think the indictment is unfair and if so, do you have any bad feelings towards the AEC and its work?

A : I admit I don't feel very good about the AEC's work. But one's feelings and the investigation and legal proceedings must be kept separate.

 

Q : What do you plan to do about the CTX case? Will you order

sending the case to court?

A : When the AEC files the case against me, I will have to find a lawyer [to defend me].

Meanwhile, I will take a leave of absence at the time and let the acting Attorney-General do the job and handle the case.

 

Q: What would you do if the government lets the Attorney-General defend it against the

cases investigated by the AEC, claiming state attorneys have to defend the government.

A : I will have to discuss with the attorneys' team. I don't work alone. Personally, I cannot talk about the cases whose reports I haven't seen. However, if I find anybody who should not be sued for a case, but is accused by the AEC, I must consider defending them.

Q : What about the Chart Thai and Matchima Thipataya parties dissolution case?

A : The attorneys have to maintain the standard, which must be as close to the Thai Rak Thai dissolution case as possible. Doing so, we must appoint a committee to work on the cases. 

 

Q : Has anybody tried to lobby you about the cases?

A : Yes, it is Thai tradition. But my answer to them would be only one: I stick to my principles.


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