OAG drops Surayud case

The Office of the Attorney-General yesterday dropped the case against Privy Councillor Surayud Chulanont for alleged illegal encroachment of land on Khao Yai Thiang in Nakhon Ratchasima province.

The reason given was that Surayud had not intended to break the law.

The decision prompted strong criticism from the opposition Pheu Thai Party and the red shirts. They accused the OAG of double standards, pointing out it had taken legal action against ordinary citizens many times in the past for similar incidents in the same area.

In October 2007, Khumphong Phumpukhiew filed a complaint against Surayud, who was then prime minister, and two ministers in his Cabinet regarding encroachment of land in violation of the National Reserve Forest Act of 1964 and the Forest Act of 1941.

Agriculture minister Thira Sutabutra and acting natural resource and environment minister Yongyuth Yuthavong were also accused of negligence, because they did not take any legal action against Surayud.

A 1975 Cabinet resolution reserved the land on Khao Yai Thiang for locals who had none of their own on which to live or farm. The land can be transferred to legal heirs but cannot be sold.

The land occupied by Surayud was originally allocated to Bao Sinnok, a resident of Nakhon Ratchasima's Pak Chong district, in accordance with the 1975 Cabinet resolution. However, Bao sold it to Noppadon Pitakwanit in 1995. The land was later handed to Surarith Chatrapitak, a military officer.

Surayud's wife, Jitrawadi, has occupied it since 2002. Purchase and possession of the land went against the Cabinet resolution, because Surayud's wife and the others who took over from Bao were not his heirs.

Surayud and his wife have no right to the land, but since they did not intend to violate the Cabinet resolution, the OAG decided to drop the case, said spokesman Thanapith Moolapreuk.

Royal Forest Department deputy director-general Cholathit Suraswadi said if the encroachment violated the Cabinet resolution, the land must be returned to the department.

However, Surayud's land is located in an area now controlled by the National Parks, Wildlife and Plant Conservation Department, so it is that department's responsibility to make a decision, Cholathit said.

Plodprasop Suraswadi, deputy leader of the opposition Pheu Thai Party, insisted the Royal Forest Department must take the land from Surayud immediately and file a lawsuit against him, because the former prime minister illegally encroached on the land.

As long as Surayud has no right to hold the land, his encroachment is against the law, said Plodprasop, who is a former director-general of the Royal Forest Department.

Pheu Thai MP Jatuporn Promphan said Surayud should resign from the Privy Council, because he was not qualified to serve as an adviser to His Majesty the King.