AEC role to be ruled on

The Supreme Court yesterday asked the Constitution Court to rule on whether the Assets Examination Committee (AEC) had the legal authority to proceed with a high-profile case against former premier Thaksin Shinawatra.

The AEC, set up by the military following the September 2006 coup, charged Thaksin and his Cabinet members with breaking the law when the two- and three-digit lotteries were introduced during his tenure.

The case is now pending in the Supreme Court's Criminal Division for Political Office Holders.

If the Constitution Court finds that the AEC - which will be dissolved next month - does not have the authority, all the 14 other cases pending against Thaksin will likely be dropped.

Meanwhile, the AEC yesterday resolved to file separate charges against the former premier and others in another controversial case involving alleged corruption in the purchase of CTX bomb scanners for Suvarnabhumi Airport.

Former transport minister Suriya Jungrungreangkit was also charged with wrongdoing in the CTX case.

Sources said the Supreme Court's move for a ruling on the AEC's legal status raised questions about whether ongoing attempts to take legal action against Thaksin are drawing to an end.

Still, sources said such a ruling should not affect two other cases - concerning land and tax scandals respectively - on which the Supreme Court and Criminal Court have already started hearings.

Sources said the Supreme Court's request in the lotteries case - in which Thaksin and other officials are charged with selling the lotteries illegally - followed defence arguments against the mandate of the AEC and its term of duty.

First, the defence contended the AEC was empowered by the junta to probe Cabinet members, but had expanded the case without authorisation to cover lottery officials and civil servants who are among the 47 defendants.

Second, the defence raised doubts over the extension of the AEC's term from late last year to June this year. This happened after the 2007 Constitution came into effect.

The defence contended the charter had no provisions sanctioning the AEC, hence its work should be deemed unconstitutional.

Under the judicial proceedings, the courts of justice are obliged to forward all arguments involving charter provisions for a ruling by the Constitution Court. After the Constitution Court has ruled on the two issues, the trial can be reactivated.

AEC member Udom Fuengfung said the Supreme Court's decision would extend the period for considering the lotteries case, but he said he did not mind as the court had the authority to do so.

Finance Minister Surapong Suebwonglee, one of the 47 defendants, said the Supreme Court's decision yesterday proved they were being treated fairly in this case. He said he could have concentrated more on solving the problems of the country without wasting the time involved in the delayed legal process.