The national anti-graft agency has decided to pursue legal action against Pracharaj Party leader Snoh Thienthong in connection with the Alpine golf course land scandal.
The National Anti-Corruption Commission (NACC) found that Snoh, when serving as interior minister in 1990, had violated the Penal Code on two counts - coercing others to serve his interest against their will, and abusing his power as a public official, said NACC member and spokesman Klanarong Chantik.
As the statute of limitations for the abuse-of-authority offence expired in August 2005, the NACC will only pursue the offence of criminal coercion, Klanarong said.
He added that the anti-graft agency would forward the case to the Office of the Attorney-General for further action.
At a press briefing on the NACC's decision, Klanarong said the land in question - located in Pathum Thani and measuring 732 rai - had been donated to the Thammikaram Temple in Prachuap Khiri Khan. Snoh, while overseeing the Lands Department, did not however allow the temple to inherit the land after the donor, Nuem Chamnarnchatsakda, died.
The land was later sold to two companies operating the Alpine golf course, which had Snoh's wife Uraiwan and his brother Witthaya as major shareholders, Klanarong said.
The Council of State later resolved that the land should be returned to the temple as it was regarded as "monastic land", which cannot be sold.
After the economic crisis of 1997, the financially troubled golf course was sold to telecom billionaire Thaksin Shinawatra, who would later become prime minister.
Earlier yesterday, during a meeting of the House of Representatives, Snoh asked Prime Minister Abhisit Vejjajiva to explain why he had ordered the Interior Ministry to take "urgent action" over the Alpine case.
Snoh noted that it could |have something to do with the fact that the golf course was linked to Thaksin.
"I would like to ask Abhisit: if you had been in place at that time, given the fact that the temple did not want the land and the law prevented transfer of land to the temple, what would you have done? If Thaksin Shinawatra had not bought this land, there would have been no problem. The Democrats are politicising this matter," Snoh said.
He explained that the law prohibited the transfer of land larger than 50 rai to any temple, in order to prevent excessive land holding by temples.
The prime minister responded that he had simply followed the Council of State ruling that the temple's land could not be sold. However, he also instructed the authorities to ensure fair compensation to the affected parties.
He added that there had been no preferential treatment in the case.
Background
The problematic land had been donated to the Thammikaram Temple in Prachuap Khiri Khan in the will of a woman named Nuem Chamnarnchatsakda, who died in 1971. But when Snoh Thienthong became deputy interior minister and Yongyuth Wichaidit was deputy permanent secretary for Interior, a Land Department ruling was revoked to allow private ownership of the plot, which was later turned into the Alpine golf course. Later, Pongsak Raktapongpaisal, who would later become transport minister in a Thaksin Shinawatra government, persuaded Thaksin to buy the golf course. The Council of State in 2002 ruled that the temple land could not be sold. However, no concrete action has been taken about this matter.
Key players
1. Snoh Thienthong is accused of abusing his authority when he was deputy interior minister overseeing the Land Department. Under Section 149 of the Criminal Code, the offence is punishable by a jail term of between 5-20 years and life imprisonment and a maximum fine of Bt40,000.
2. Yongyuth Wichaidit is accused of abusing his authority at the time he was serving as permanent secretary for Interior. Under Section 157 of Criminal Code, the offence is punishable by a jail term of between 1-10 years and a maximum fine of Bt2,000.
3. Pongsak Raktapongpaisal persuaded Thaksin Shinawatra to buy the Alpine golf course.
4. Thaksin Shinawatra bought the golf course from Snoh.
Who is Nuem?
Nuem Chamnarnchatsakda was born in Bangkok in 1896 and was married to Lt Col Phra Chamnanchatsakda in 1921. After her husband retired, she had a house built in the Bang Krabue area of Bangkok. Nuem later donated the house to Siriraj Hospital.
She was remembered as generous, helpful and religious. She always made merit and donated her assets to temples and foundations. Nuem later became a financial supporter of an abbot of Wat Thammikaram in Prachuap Khiri Khan.
When she reached an old age, Nuem donated the land plot in question to the temple, two years before she died in November 1971.
Chronology of events
November 1969: Nuem donates her land plot, which is located in Pathum Thani, to the Thammikaram Temple.
November 1971: Nuem dies. A team of three estate executioners was appointed. In her will, it is stated that the temple's abbot hands over her properties and cash (if any) to the Mahamakuta Rajavidyalaya Foundation for religious purposes. A question arose if the land plot should be under the belonging of the temple or the foundation.
1990: Snoh Thienthong, then deputy interior minister, has the Land Department interpret the law and result in the foundation taking ownership of the plot. The temple's estate executioner, Warunee Smarnworawong, is replaced by Snoh's young brother Witthaya Thienthong.
August 1990: Witthaya transfers the land to the foundation, which in turn sells it to Alpine Real Estate Co and Alpine Golf and Sport Club Co. The two companies have Snoh's wife Uraiwan Thienthong and Chucheep Harnsawat as major shareholders. The land later is turned into a golf course and a housing estate.
1997: The golf course is heavily in debt during the economic crisis. Pongsak Raktapongpaisal tries to persuade telecoms billionaire Thaksin Shinawatra to buy the Alpine golf course.
1998: Thaksin sets up the Thai Rak Thai Party and Pongsak becomes the director party.
1999: Thaksin pays about Bt500 million for the golf course.
2002: The Council of State resolves that the land in question must be returned to the land to temple, but then interior minister Purachai Piumsombun ignores the decision. Later in the same year, Yongyuth Wichaidit, who then was Interior deputy permanent secretary, orders the land to be returned to Alpine Real Estate and Alpine Golf and Sport Club.
2008: Yongyuth becomes the Pheu Thai Party leader. In the same year, the Democrat Party revives scrutiny into the matter after becoming the government.
