Yongyuth's Future In The Balance

[Lite Beer]

Yongyuth's future in the balance

Somroutai Sapsomboon,

Wattana Khamchu

The Nation on Sunday

Yongyuth

BANGKOK: -- Deputy PM urged to consult EC after 'expulsion' over Alpine scandal; Council of State says he's legally entitled to leniency

An Election Commission (EC) member has suggested that Deputy Prime Minister and Interior Minister Yongyuth Wichaidit seek the EC's advice on whether he has to quit the two powerful posts immediately, following a Civil Service Committee ruling against his handling of the Alpine land case.

The Civil Service Committee resolved on Thursday to "expel" Yongyuth, a former Interior Ministry permanent secretary, after the National Anti-Corruption Commission (NACC) decided to indict him for unlawfully certifying as legal the 2002 sale of a 732-rai land plot owned by a foundation representing Wat Thammikaram to Alpine Real Estate Co and Alpine Golf & Sports Club.

Yongyuth approved the sale even though the plot was owned by a monastery and could not be sold or transferred.

Given the latest development, the Yongyuth case could prompt Prime Minister Yingluck Shinawatra to reshuffle her Cabinet if Yongyuth has to leave his current posts.

Current Interior permanent secretary Phranai Suwannarat, who is the Civil Service Committee's vice chairman but did not attend Thursday's meeting, was reportedly scheduled to hold a press conference at 9am today to clarify the issue.

Former charter drafter Seri Suwanpanont said the Civil Service Committee's expulsion resolution immediately disqualified Yongyuth from his ministerial and MP posts.

"If Yongyuth refuses to leave the posts, the Election Commission can file a complaint to the Constitution Court. It has the mandate to do so. If it doesn’t, any person can file the complaint. Yongyuth can also do that [to seek] clarity," Seri said.

However, if Yongyuth disagrees with the order, he has the right to file a case with the Administrative Court, which could prolong the process of his disqualification from the ministerial and MP posts, Seri said.

According to the Constitution, a person who has been dismissed from government service or a state enterprise is prohibited from becoming an MP or a minister.

EC member Prapun Naigowit said yesterday that Yongyuth should ask the EC to point out whether he has to leave his posts right away.

The expulsion order signed by Deputy Interior Minister Chuchart Harnsawat on Thursday referred to a meeting on September 14 at which it was agreed the committee had no choice but to expel Yongyuth.

"The Interior Ministry's Civil Service Committee, in the meeting 8/2012 [the eighth meeting of 2012] on September 14, 2012 agreed with the minority of the National Anti-Corruption Commission that there had not been enough evidence to believe that Yongyuth Wichaidit committed the wrongdoing as accused," the document said. However, after the NACC resolved to indict Yongyuth, the committee had no choice but to expel him according to the anti-corruption law and the ministry's regulations, the document said.

At the end of the document, the committee cited an opinion from the Council of State saying Yongyuth was qualified to benefit from the 2007 Exoneration Act, which affords some leniency to people convicted of a crime or disciplinary violation if they have never committed the crime before. It also said Yongyuth could appeal to the Civil Service Committee's ethics panel within 30 days or file a complaint to the Administrative Court within 90 days.

The Council of State yesterday issued a memo saying Yongyuth is eligible for leniency under the Exoneration Act. According to the memo, the council was ordered to consider the case by the prime minister. The memo was identified as being issued by the council's secretary-general, Achaporn Charachinda, but does not bear his signature.

The document was sent a Nation's reporter by Yongyuth's staff. Yongyuth refused to talk about the case.

However, a question about the meeting remains, as Phranai, who is the vice chairman of the committee, and his deputy Wallop Pringpong both told reporters that they did not acknowledge the meeting, which was chaired by Chuchart.

A source from the Interior Ministry, who asked not to be named, said there had been no meeting of the ministry's civil service committee since the beginning of September.

Asked by The Nation via telephone about the report of the meeting on Yongyuth's case, Chuchart said, "We [he and Yongyuth] work in the same ministry, please don't force me to say anything. I beg you. It is about the law."

The latest Exoneration Act was issued in 2007, and affords people convicted of crime or subject to a disciplinary violation no later than December 5 of the year some leniency if they have never committed the crime before.

Yongyuth earlier this week told the media he was not worried about the case, saying it was brought up every time there was speculation on the next Cabinet reshuffle.

-- The Nation 2012-09-23

[asiawatcher]

How amazing - he may be entitled to 'leniency' under the Exoneration Act. ??? He knew EXACTLY what he was doing when he committed the 'stroke-of-the-pen' crime, signing over a temples land to a commercial purpose. And why is there no mention of auditing his bank accounts around that time? Favours such as this are substantially costly! There is certainly complicity in fraud apart from quite a lot of other charges that can be brought against Yongyuth. But of course position has its privileges...

As no doubt the commercial owners of Alpine knew what they were doing when the property deal was done, the course (which is very nice and beautifully developed), should be seized as penalty to the developers, and returned to the Wat who could then put it under management, as I am sure Monks and Abbots do not know much about resort or golf management. The loss of the 'asset should be enough penalty against these crooks even if they never see jail time.

There are still many other cases of land for golf courses such as Khao Yai -and strangely - related to Thaksin, and all around the same time as Yongyuth! What an amazing coincidence...

[MEL1]

Council of State says he's legally entitled to leniency...

-------------------------

In other words, he's a DPM and can do anything, and no matter what he does he is entitled to special 'get-off' clauses.

Makes me vomit!

-mel.

[whybother]

Does that mean Yingluck will need to get a new shadow?

Sent from my HTC phone.

[fareastguy]

It amazes me just how much the worms wriggle until their off the hook.

I'm guessing he will be pensioned off with a very nice "handshake" & the Alpine group will get to keep their golf course & future profits!!

Everyone's a winner !!

[bigbamboo]

Why shouldn't he get leniency?

It seems that in Thailand if you avoid a criminal charge by hiding behind privilege, or through bribery, or just absconding then all is forgotten in time and you can return as if nothing had happened.

I guess this is what is meant by re-incarnation.

Edited September 23, 2012 by bigbamboo

[Buchholz]

the Civil Service Committee's expulsion resolution immediately disqualified Yongyuth from his ministerial and MP posts.

Time to box up his office things and vacate the premises.

On the positive side for him, it will save him from resigning his post for the sixth time (or thereabouts).

.

[AleG]

The depressing thing is how such a clear cut case like this drags on and on for years, even to the point that some of the crooks (Snoh for example) sail right past the statute of limitations date. What can be expected of more complex, obscure cases where hard investigative work must be done to unearth corruption?

[jerrysteve]

LENIENCY hmmmm!. The choices seem to be 2 and only 2: Death by Hanging or Death by

Fireing Squad, or 10 full years behind bars with a dirt floor, a bucket to piss and poop in, and a steady diet of maggots.

[MEL1]

The depressing thing is how such a clear cut case like this drags on and on for years, even to the point that some of the crooks (Snoh for example) sail right past the statute of limitations date. What can be expected of more complex, obscure cases where hard investigative work must be done to unearth corruption?

A 'clear cut case' in Thailand? You made me wet my hidden, rich, gold-plated pants!

-mel.

[khunken]

Still can't help feeling a little sorry for him. Yes, no doubt he was well rewarded, but he was only the facilitator for the real crooks - Sanoh & Thaksin. Sort of a 'fall guy'.

[AleG]

Still can't help feeling a little sorry for him. Yes, no doubt he was well rewarded, but he was only the facilitator for the real crooks - Sanoh & Thaksin. Sort of a 'fall guy'.

Yongyuth, the Man Who Fell Up... as pretty much all his party pals.

[GentlemanJim]

However, if Yongyuth disagrees with the order, he has the right to file a case with the Administrative Court, which could prolong the process of his disqualification from the ministerial and MP posts, Seri said.

Any person in such a senior appointment with a nano-gram of integrity, would realise, it's a fair cop, they were found out and they would resign with immediate effect. In the UK this guy would have resigned before the press even got the story to print. Here he is in Thailand, desperately seeking for ways to ignore the verdict and the sychophants that surround him are persuading him he doesn't have to go immediately. Miracle Thailand. Get the crooked ba****d out, and then start on those involved who were further up the chain.

Alpine should have to buy the Golf course at current market value with the proceeds going to the temple, or the land should be forfeit.

[FarangTalk]

However, if Yongyuth disagrees with the order, he has the right to file a case with the Administrative Court, which could prolong the process of his disqualification from the ministerial and MP posts, Seri said.

Any person in such a senior appointment with a nano-gram of integrity, would realise, it's a fair cop, they were found out and they would resign with immediate effect. In the UK this guy would have resigned before the press even got the story to print. Here he is in Thailand, desperately seeking for ways to ignore the verdict and the sychophants that surround him are persuading him he doesn't have to go immediately. Miracle Thailand. Get the crooked ba****d out, and then start on those involved who were further up the chain.

Alpine should have to buy the Golf course at current market value with the proceeds going to the temple, or the land should be forfeit.

Problem is it is like this at all levels of Thai society and there's something very, very wrong with a society that sits idly by and accepts it.

[webfact]

Update:

Uncertainty over Yongyuth's status as minister, deputy PM

Wattana Khamchu,

Attaphum Ongkoolna

The Nation

Yongyuth

Govt claims his record was expunged 5 years ago, but Democrats say punishment is new, can't be annulled

BANGKOK: -- Even though Interior Minister Yongyuth Wichaidit has been given a disciplinary penalty for misconduct committed in 2002, his current post may be safe because his record was expunged in 2007.

"The ministry has ruled to endorse Yongyuth's credentials to keep the job and will leave it up to the future if a party to the dispute seeks a judicial review," permanent secretary Phranai Suwannarat said yesterday.

The National Anti-Corruption Commission notified the ministry last month that Yongyuth committed a serious disciplinary offence in connection with the Alpine land scandal when he was a deputy permanent secretary at the ministry.

Yongyuth's qualifications to hold a ministerial portfolio came under scrutiny because under the Constitution, a disciplinary offender cannot join the Cabinet.

Phranai said the ministry's civil service committee, which he chairs, met on September 14 to consider the NACC report.

Although the committee sided with the three NACC votes in favour of Yongyuth, the law was clear that punishment must be meted out in line with the majority decision of six votes, he said.

In compliance with provisions, the committee resolved to dismiss Yongyuth from the civil service with effect from before his retirement on September 30, 2002, he said.

But the punishment should have no legal implications on Yongyuth's civil service record or his political appointment, he said.

To mark His Majesty the King's 80th birthday, Parliament passed a government-sponsored law to pardon all officials with civil service disciplinary offences on or before 2007, he said.

He went on to cite two rulings, one by the Council of State and the other by the Civil Service Commission, to back up his argument that Yongyuth's record had been cleared and that the minister could carry on with his work as if he had never been punished.

Yongyuth's punishment would either be in the form of a dismissal or expulsion, which is more severe, he said.

Yongyuth, as the minister, was authorised to hand down the punishment on himself, but due to the conflict of interest, Deputy Interior Minister Chuchart Hansawat might act on his behalf, he said.

Committee member Paitoon Boonwat said the Lands Department was in charge of the Alpine land case.

The authorities would have to decide how to restore the monastic land without uprooting the thousands of residents of the housing estate developed on the property, he said.

Democrat MP Ong-art Klampaiboon questioned the legality of expunging Yongyuth's record.

Under provisions, disciplinary offenders can ask for clemency only after they had been penalised in part or in whole, but in this case, Yongyuth tried to claim clemency before being punished, he said.

Prime Minister Yingluck Shinawatra should dispel all lingering doubts over Yongyuth's job status, he added.

Another Democrat, Wiratana Kalayasiri, said he understood that the clemency applied to those offenders punished before 2007, but not to Yongyuth, who was just penalised two weeks ago. "The government is trying to make a lopsided legal interpretation that Yongyuth could be absolved ahead of punishment," he said.

The government had no choice but drop Yongyuth from the Cabinet or else it would risk criminal and administrative actions, he said.

The government might become embroiled in legal wrangling if Yongyuth, as the first deputy prime minister, chairs tomorrow's Cabinet meeting in the absence of the prime minister, he said.

-- The Nation 2012-09-24

[Lite Beer]

Yongyuth faces NACC ruling of severe malfeasance in Alpine case

BANGKOK, 23 September 2012 (NNT) - The National Anti-Corruption Commission (NACC) has found Deputy Prime Minister and Interior Minister Yongyuth Wichaidit guilty of severe malfeasance in the Alpine golf course case.

The Ministry of Interior has upheld the NACC’s ruling which will cause Mr Yongyuth to be dismissed retroactively from the post of deputy permanent secretary for Interior which he was holding when the wrongdoing took place.

Permanent Secretary for Interior Phranai Suwannarat said the NACC ruled that Mr Yongyuth had breached severe disciplinary offences when he was acting permanent secretary for Interior. The NACC also agreed to revoke the order of the then director-general of the Department of Lands to transfer the ownership of a land plot at the center of the case in 2002.

However, Mr Phranai said Mr Yongyuth’s punishment will be erased from his record as a result of the Justifiable Act B.E.2007, clearing government officials from any wrongdoing committed before 2007. The pardon, issued on the occasion of His Majesty the King’s 80th birthday anniversary, leaves Mr Yongyuth’s ministerial post unaffected.

-- NNT 2012-09-24

[Fozfromoz]

I'm surprised that Thailand can build a trough big enough, given the snouts that are constantly in it.

[edwinchester]

Is there no Thai word for integrity when it comes to government?

[billd766]

Is there no Thai word for integrity when it comes to government?

Errr, not that I can think of.

I do belive it is the same area as accepting responsibility for your own actions and honesty, none of which are found in any Thai dictionary.

[Buchholz]

the Civil Service Committee's expulsion resolution immediately disqualified Yongyuth from his ministerial and MP posts.

Time to box up his office things and vacate the premises.

Yongyuth to announce resignation at 2:45 pm

Deputy Prime Minister and Interior Minister Yongyuth Wichaidit will announce his resignation from the Cabinet at 2:45 pm Friday, a Pheu Thai Party source said.

The source said Yongyuth would hold a press conference to announce his resignation after he pays respect to Buddha images at the Saket Temple.

http://www.nationmultimedia.com/breakingnews/Yongyuth-to-announce-resignation-at-245-pm-Pheu-Th-30191303.html

[Buchholz]

proposed thread title update:

Yongyuth's Future In The Balance Crapper

.

Edited September 28, 2012 by Buchholz

[webfact]

RT @tulsathit:

Yongyuth has announced his resignation as interior minister and deputy PM. He will remain Pheu Thai leader.

[webfact]

please continue:

Yongyuth resigns as deputy PM, interior minister

The Nation

BANGKOK: -- Yongyuth Wichaidit Friday stepped down as deputy prime minister and interior minister following reports that the Pheu Thai core members pressured him to resign.

Full story: http://www.thaivisa....erior-minister/

//CLOSED//