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Government scores a victory over corruption


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EDITORIAL

Government scores a victory over corruption

By The Nation

 

The Klong Dan case had its roots in graft long ago, but a decision this week saved taxpayers billions

 

Finance Minister Apisak Tantiworawong and his team deserve credit for helping the government win an initial landmark victory in the corruption-ridden Klong Dan wastewater-treatment case earlier this week.

 

Apisak was instrumental in seeking a judicial review of a ruling by an arbitration panel that required the Pollution Control Department (PCD) to pay Bt9.6 billion to the private firms behind the failed multibillion-baht project.

 

Approved by the Banharn Silpa-archa Cabinet in 1997, the Bt23-billion project was corrupt from the outset. Politicians in office at the time and officials of the PCD and other government agencies, as well as private company executives, were involved in a complex web of conspiracy designed to cheat taxpayers out of a vast amount of money.

 

After contracts for building wastewater treatment facilities in Samut Prakan province were terminated in 2003, Klong Dan Marine and Fisheries Co and NVPSKG Joint Venture, in which major Thai building contractors partnered, took legal action against the government and sought massive compensation through arbitration. An arbitration panel tasked with settling the dispute between the government and the private firms ruled in favour of the latter, requiring the government to pay the compensation demanded.

 

The Finance Ministry made two instalment payments on behalf of the PCD, but these were suspended when the Supreme Court and a lower court delivered verdicts on multiple criminal cases in connection with the same scheme.

 

Wattana Asavahem, a former Interior minister, was sentenced by the Supreme Court to a 10-year jail term for abusing his authority while in office to facilitate fraudulent ownership documents covering nearly 2,000 rai used in the project. The ex-minister fled the country before the verdict was read and remains a fugitive. In addition, Wattana and 10 other senior executives and directors of several Thai construction firms were each sentenced in a lower court to three-year jail terms for their roles in the controversial scheme.

 

In 2016, the Prayut Chan-o-cha Cabinet assigned minister Apisak to seek a judicial review of the Klong Dan case, citing fresh evidence and especially the verdicts of the Supreme Court and Criminal Court. The Criminal Court had ruled that Wattana and other directors of the NVPSKG Joint Venture were guilty of conspiring to cheat the state by playing different roles in connection with the scheme. These ranged from using fraudulent land titles, to putting together multiple properties for sale to the state for construction of the treatment facilities, to jointly bidding for the construction contracts.

 

Above all, Wattana and the other individuals and companies were all inter-connected, and there were no specialist firms for wastewater treatment involved in the scheme, resulting in massive losses to the state. The private firms turned to the arbitration panel to settle the dispute following contract termination and won the ruling, putting the government in a position of having to pay them Bt9.6 billion in compensation.

 

After considering new evidence presented by the PCD, the Central Administrative Court earlier this week nullified the panel’s ruling, reasoning that there was no legitimate or lawful basis for ordering compensation. However, the firms could still lodge an appeal with the Supreme Administrative Court and seek a final judgement in their favour, but for now, the government seems to have the upper hand over the unscrupulous private firms.

 

Source: http://www.nationmultimedia.com/detail/opinion/30340527

 
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-- © Copyright The Nation 2018-03-09
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 ''what a waste of time energy and of course money'',as our children suffer from poor education and our beaches ,air and citys are so polluted... and Thailand struggles with corruption at this level.....shamelessness at this scale is just sad ..when politicians become so obsessed with winning and money..im embarrassed to say I live in Thailand ...

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2 hours ago, webfact said:

Government scores a victory over corruption

A rare but enjoyable headline to read. However a victory over the corruptors seems remote. As usual most of the crooks have done a runner (purchased their freedom) and the big boys will never be brought to justice. 

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While checking, if Thailand has shown interest in catching Wattana Asavahem, I looked at the Red Notices of Interpol, result NONE. Even the red notice of the Red Bull heir the "Boss" is gone!!!!

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10 hours ago, fxe1200 said:

While checking, if Thailand has shown interest in catching Wattana Asavahem, I looked at the Red Notices of Interpol, result NONE. Even the red notice of the Red Bull heir the "Boss" is gone!!!!

Wattana Asavahem ,if still alive is living in Poipet,Cambodia,where he has 2 Hotels 

and casino, so no need for Interpol red notice, as everyone in authority in Thailand

knows exactly where he is,they don't want to open a can of worms that could  implicate

many others.

 

regards worgeordie

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On 3/9/2018 at 8:54 AM, fxe1200 said:

While checking, if Thailand has shown interest in catching Wattana Asavahem, I looked at the Red Notices of Interpol, result NONE. Even the red notice of the Red Bull heir the "Boss" is gone!!!!

Correct. 

 

I also did a search on the Interpol website.  There is no red notice for Vorayuth Yoovidhya, in fact, there is no red notice posted for any Thai males on their website.

 

I can only conclude that this notice has been withdrawn.

 

I wonder if the Thai public know of this.

 

Edited by hathairat2711
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