Audit panel to consider its legal options

Published on September 27, 2005 - The State Audit Commission (SAC) said yesterday it would further study legal loopholes in the controversial nomination of the auditor-general after its members disagreed over the selection of a new nominee. SAC chairman Norchai Sripimol said the commission would order its legal office to study the issue for 10 days.

The move is seen as an attempt to buy time to bring an end to the controversial status of Khunying Jaruvan Maintaka as auditor-general, even though Visut Montriwat withdrew on Friday after being nominated as Jaruvan’s replacement. Visut’s nomination was put forward for royal approval more than three months ago.

“The 10 commissioners won’t nominate a new person before we’ve studied all possible options,” Norchai Sripimol said. “It’s a sensitive issue, so we should wait until the panel concludes its study before making any resolution.”

Three options for ending the controversy have been proposed:

lStick with the Constitution Court’s finding in July 2004 that the selection process leading to Jaruvan’s appointment had been illegal. That would mean restarting the selection process to nominate a new auditor-general.

lThe panel could allow Jaruvan to resume her work on the grounds that the Constitution Court didn’t rule clearly that she was ineligible to remain in her post. Jaruvan served as auditor-general for more than two years under royal command before the court issued its verdict. In this case, the process to nominate an auditor-general would begin only after Jaruvan has completed her five-year term.

lThe last option is to leave the post vacant until the end of next year, when Jaruvan’s term expires. This would not disrupt the office’s operations as an interim auditor-general is already in place.

Norchai denied that the SAC was trying to delay finding a solution.

“It’s unrelated to Jaruvan’s return because we still stand by the previous SAC, which dismissed Jaruvan following the Constitution Court’s ruling,” he said.

The previous commission appointed one of Jaruvan’s deputies as the interim auditor-general shortly after the court ruled in July 2004 that the selection of Jaruvan was unlawful.

The SAC meeting yesterday was compromised, according to a source on the panel who refused to be named. Previously, it was rumoured that some commissioners were lobbied to back the drive for a new nominee.

But a number of Auditor-General’s Office employees who grouped in front of the headquarters said they were dismayed with the meeting’s outcome.

One of them said it was ridiculous to hold the case for another 10 days after the three-month impasse while awaiting royal endorsement.

The SAC should have made a decision whether or not Jaruvan could stay in the post, she said.

Bancherd Singkaneti, a law expert at Thammasat University, backed the option of having the SAC nominate a new candidate after Jaruvan completes her term.

That way, the SAC had to accept Jaruvan’s status as the incumbent auditor-general.

He said the Senate and SAC should have discussed Jaruvan’s status before making any more moves.

Meanwhile, Visut dismissed speculation that he would apply for the post again if the SAC stages a new selection process. He said he needed time to reflect on his next career move, but didn’t rule out that he might return to his previous workplace, the Finance Ministry, as a senior official.

Sucheera Pinijparakarn
The Nation