Jaruvan to appeal verdict

The court ruled that Jaruvan should have vacated her office on July 5, when she reached the compulsory retirement age of 65 for the office holder.

The verdict also stated that Jaruvan's order on August 18, cancelling her previous order appointing her deputy Pisit Leelawatcharopas as caretaker auditor-general, was unlawful because it was issued after she was supposed to have vacated her position.

The court repealed Jaruvan's latter order, saying Pisit has the powers and authority to act as auditor-general and State Audit Commission (SAC) chairman until Jaruvan's official replacement is appointed.

The case against Jaruvan was brought to the court by the Office of the Ombudsman, and Pisit later asked to become a co-plaintiff.

In her closing statement, Jaruvan yesterday told the court that she was not trying to hold on to the position and that she simply did not want to be charged with dereliction of duty for stepping down while no official replacement was appointed. She said she had asked the Senate three times to expedite selection of the new SAC members and the auditor-general but she was told that the selection committee was waiting for a new state auditing law to be passed by Parliament.

The court said that although Jaruvan's term was extended by the coup-makers - the Council for Democratic Reform - in 2006 until September 30, 2007, she had no right to stay on until the new auditor-general is appointed. The court said that according to the current state auditing law, Jaruvan could serve for one five-year term or until she reached the age of 65, both of which she had exceeded.

Jaruvan and Pisit, as well as a number of officials from the Office of the Auditor-General, attended the morning session of the court's verdict reading. In the session, Judge Somsak Tanthalekha read out his initial ruling.

Jaruvan was absent from the afternoon session, when the actual verdict was read out by Presiding Judge Somchai Wattanakarun. An assistant to her lawyer was present to hear the verdict. The lawyer's assistant said Jaruvan would appeal against the ruling within 15 days.

Pisit said afterwards that the ruling had given his agency a clear guideline to follow after more than two months of ambiguity. He said that his priority was to "restore the agency's damaged image" and expedite its work stalled over that period.

He said Jaruvan would be asked to return her official vehicle and office room, and he requested her sympathy and kindness to the officials who are simply doing their job.

"We hope Khunying [Jaruvan] will allow me and all of our officials to continue working smoothly," Pisit said. "After the court verdict, she also should no longer have any concern that leaving her office could bring the charge of negligence."