Top detective gets jail over 2012 demotion

By Kesinee Taengkhieo 
The Nation

 

File photo: Tarit Pengdith

 

The Supreme Court on Thursday gave former head of the Department of Special Investigation (DSI) Tarit Pengdith, 61, a one-year jail term without suspension for unfairly demoting a subordinate in 2012.

 

The Supreme Court said Tarit's signing the April 20, 2012, transfer order, which had Col Piyawat Kingkate, 64, moved from his then position as DSI’s Bureau of Intellectual Property Crime chief to serve in a lower position of a case-specific specialist, was an abuse of power to bully the subordinate over a personal conflict. The move had not benefited the civil service. 

 

This lawsuit originally saw Piyawat accusing Tarit and then deputy permanent secretary for justice, Charnchao Chaiyanukij, 60, of malfeasance under article 157 of the Criminal Code. 

 

The Supreme Court also acquitted Charnchao who the judge thought to have been careful before signing the approval of such transfer order as he reportedly had consulted with legal experts at the agency and he had no previous personal conflict with Piyawat to establish grounds to bully him. 

 

A week after the transfer, Piyawat filed a complaint to the Merit Systems Protection Board under the Civil Service Commission, which later ruled that the transfer order was unlawful, unreasonable and of no benefit to the civil service. 

 

The permanent secretary for justice cancelled the order in October 2012 and had him reinstated. Piyawat, however, resigned from the civil service in the same month and filed the lawsuit, claiming the transfer might stem from conflicts with Tarit over various cases. 

 

On August 11, 2015, the primary court found Tari guilty and gave him a two-year jail term but acquitted Charnchao due to lack of evidence. Piyawat then appealed for a punishment to Charnchao while Tarit appealed for a lighter sentence at the Appeals Court.

 

On March 2, 2017, the Appeals Court ruled that both Tarit and Charnchao were guilty but also noted they both had served the country well so the court gave each of them a two-year suspended jail term. Piyawat then appealed to the Supreme Court for jail terms without suspension for both men while the defendants also appealed for acquittal.

 

Source: http://www.nationmultimedia.com/detail/national/30366252

 

-- © Copyright The Nation 2019-03-21

demoting someone just before pension date is just not done, especially if it is essentially for not liking the person.

good slap on the wrist,
and a reminder that those in power should be there because of competence, and not for any other reasons.

One down thousands of similar cases to follow

3 minutes ago, hotchilli said:

One down thousands of similar cases to follow

Would you care to list the 5 top cases that are likely to follow, it will us all something to look forward to.

Very swift justice then????

Tarit is a snake but this is ridoculous same as the one they got Yingluck for.

 

Every new PM, official moves and transfers people they dont like and replace them with ones they do. Prayuth has literally transferred, promoted 1000's of his allies preaumably at the expense of others and removed 1000's more, yet seemingly there is no issue there.

4 minutes ago, smutcakes said:

Tarit is a snake but this is ridoculous same as the one they got Yingluck for.

 

Every new PM, official moves and transfers people they dont like and replace them with ones they do. Prayuth has literally transferred, promoted 1000's of his allies preaumably at the expense of others and removed 1000's more, yet seemingly there is no issue there.

Its good that he gets punished and the guy who he moved around got justice. 

 

I just don't see this as a criminal matter unless they can really proof it came from an personal issue between them. (even then it might still be over the top). But demoting someone just before retirement without good grounds is just mean. Seems like Thais are real vindictive at times. Just look at Thaksin and his opponents. Every time the power moves scores are settled. 

 

Otherwise you are totally right but there still should be some protection for people so they are not at the mercy each government change. But making it a criminal case is over the top in most cases. Unless real abuse can be proven of course. 

1 hour ago, smutcakes said:

Tarit is a snake but this is ridoculous same as the one they got Yingluck for.

 

Every new PM, official moves and transfers people they dont like and replace them with ones they do. Prayuth has literally transferred, promoted 1000's of his allies preaumably at the expense of others and removed 1000's more, yet seemingly there is no issue there.

 

There are rules and regulations that have to be followed. It can't be because of a personal dislike which appears Tarit's motive; or to make room for a relative or crony in a key position as in Yincluck's case.

 

I don't know about others but in the UK there would be mass outrage if an incoming PM and cabinet tried to sack, demote or remove all the senior civil servants. 

1 hour ago, robblok said:

Its good that he gets punished and the guy who he moved around got justice. 

 

I just don't see this as a criminal matter unless they can really proof it came from an personal issue between them. (even then it might still be over the top). But demoting someone just before retirement without good grounds is just mean. Seems like Thais are real vindictive at times. Just look at Thaksin and his opponents. Every time the power moves scores are settled. 

 

Otherwise you are totally right but there still should be some protection for people so they are not at the mercy each government change. But making it a criminal case is over the top in most cases. Unless real abuse can be proven of course. 

 

I know the UK Rob but not how it works in the Netherlands. I can't imagine an incoming Dutch government being allowed, or wanting to, change all the top civil servants. Please tell us if it's otherwise.

 

 

4 minutes ago, Baerboxer said:

 

I know the UK Rob but not how it works in the Netherlands. I can't imagine an incoming Dutch government being allowed, or wanting to, change all the top civil servants. Please tell us if it's otherwise.

 

 

No in the Netherlands they don't change everything up all the time. Public servants are free of political influences. Maybe the highest posts but only sometimes. Its just not how its run in my country. However it seems to be the way of the US. 

 

I think its foolish to run a country like that because I am not used to it. 

33 minutes ago, Baerboxer said:

 

There are rules and regulations that have to be followed. It can't be because of a personal dislike which appears Tarit's motive; or to make room for a relative or crony in a key position as in Yincluck's case.

 

I don't know about others but in the UK there would be mass outrage if an incoming PM and cabinet tried to sack, demote or remove all the senior civil servants. 

Really? The people of the UK don't have the guts to stand up for themselves, the government and all the MPs know this and that is why they all look after themselves and don't give a hoot for the population.

Look at Brexit, I rest my case.

Edited March 22, 20197 yr by possum1931

This same guy was investigating the luxury car spare parts import scam , that investigation ( like many others ) died , wonder why.