Will Sukhumbhand Face Apirak's Fate?

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ANALYSIS
Will Sukhumbhand face Apirak's fate?
Chularat Saengpassa
The Nation

Probe into extension of Skytrain contracts and a couple of other complaints could cast a shadow over his second term

BANGKOK: -- Just like his popular predecessor Apirak Kosayodhin, MR Sukhumbhand Paribatra has twice been elected as Bangkok governor. But will his second term end abruptly in the same way as Apirak's?

Apirak won his second gubernatorial election in October 2008 only to resign from thecapital's

top post a few months later. He stepped down in the wake of a guilty verdict against him by the National Anti-Corruption Commission (NACC).

NACC had found Apirak negligent in handling the scandal-plagued project to procure fire vehicles at a budget of well over Bt6.67 billion. The Supreme Court’s Criminal Division for Political Office Holders is now reviewing the case.

Judging by the amount of money involved, the case against Apirak is much smaller than the case Sukhumbhand now faces.

The case against Sukhumbhand involves two contracts that are worth well over Bt190 billion.

The Department of Special Investigation (DSI) has been probing Sukhumbhand, his deputy Teerachon Manomaiphibul, and nine other suspects for their roles in awarding the two contracts to BTSC - the current operator of the Skytrain system - without any prior consent from an authorised official or the interior minister.

Under the contracts, the BTSC - which has invested in and operated the original network of the capital's Skytrain under a 30-year concession - is hired to operate the Skytrain extension routes. The firm is also paid to continue operating the original system for 13 more years after the original concession expires. Doubts were raised because the original contract was due to expire in 2029, leaving ample time for the next governor to make a decision.

According to the DSI, such contracts involve the extension of concession for a rail-based system in the capital, which is clearly under the jurisdiction of the interior minister.

As Bangkok governor, Sukhum-bhand must have known the scope of his duty and mandate, but he failed to stop the contracts from being awarded, the DSI has alleged.

Sukhumbhand showed up at the DSI to acknowledge the charges against him on January 9 this year. After that, he continued with his gubernatorial campaign and won with a record number of votes on Sunday.

The unofficial vote count showed Sukhumbhand had won more than 1.2 million votes.

Despite the overwhelming support, Sukhumbhand should realise by now that the road ahead for him is not rosy.

The DSI is preparing to press more charges against Sukhum-bhand for his role in the Skytrain contracts.

Once the DSI finishes its investigation report, the case will be forwarded to the NACC. There, Sukhumbhand will have to struggle hard to put up a convincing defence. Sukhumbhand has always denied any wrongdoing, insisting the contracts are just contracts - not concessions - and thus are within the jurisdiction of his city administration. But whether the NACC will believe him is another matter.

However, the NACC's verdict will not be final. The Supreme Court’s Criminal Division for Political Office Holders may form a different opinion. Yet, when Apirak resigned as Bangkok governor, he has practically set a precedent that Democrat Party leader Abhisit Vejjajiva may want all his party members to uphold.

Therefore, Sukhumbhand may be asked to leave his Bangkok-governor post during his second term, too, if the NACC happens to rule against him.

The bad news for Sukhumbhand is that there are also many other cases against him. For example, Pheu Thai Party deputy spokesman Jirayu Huangsap has already urged the DSI to look into why the Sukhumbhand-led BMA failed to construct the Bangkok Futsal Arena in line with the Federation Internationale de Football Association (Fifa)'s standard. Fifa refused to use the Bangkok Futsal Area for its tournaments. Jirayu has accused the Sukhumbhand-led BMA of failing to ensure fair bidding.

Moreover, the Stop-Global Warming Association has threatened to petition the Central Administrative Court if the BMA goes ahead with its Nong Khaem incinerator project.

According to the association, the project is threatening to pollute the local environment and BMA has ignored several constitutional clauses in preparing this project.

Moreover, the contract was awarded in November, before his term ended on January 7. The Bt2.1-billion contract, however, will last 20 years, meaning Bangkok will have to pay about Bt100 million to the company.

Meanwhile, the company holds the right to sell electricity generated from the waste, without sharing any returns with the BMA.

Sukhumbhand, who is returning to the helm of BMA, must tread carefully from now on and have his fingers crossed that he will not be ending his tenure at the BMA the way Apirak did.


-- The Nation 2013-03-05

[Locationthailand]

Didn't take long for the muck raking journalist to start the campaign against the elected winner now did it? PTP will be directing their cronies whom they control such as DSI and useless bodies such as NACC to smear whom they wish to remove, where votes could not do it. Why doesn't the NACC start with all the politicians in PTP rather than this pathetic witch hunt? This is simply a crappy piece of biased journalism.

[hellodolly]

Didn't take long for the muck raking journalist to start the campaign against the elected winner now did it? PTP will be directing their cronies whom they control such as DSI and useless bodies such as NACC to smear whom they wish to remove, where votes could not do it. Why doesn't the NACC start with all the politicians in PTP rather than this pathetic witch hunt? This is simply a crappy piece of biased journalism.

Yes indeedydeedydo. Also the PT announces they will work close with the reelected Mayor the same day they file charges of voter irregularities.

[KKvampire]

Didn't take long for the muck raking journalist to start the campaign against the elected winner now did it? PTP will be directing their cronies whom they control such as DSI and useless bodies such as NACC to smear whom they wish to remove, where votes could not do it. Why doesn't the NACC start with all the politicians in PTP rather than this pathetic witch hunt? This is simply a crappy piece of biased journalism.

the DSI. what a political crony based department . Thai criminal investigative system needs another body to oversee it's activities, but then again that would just be another layer of cronyism

Edited March 5, 2013 by KKvampire

[rubl]

Probe into extension of Skytrain contracts and a couple of other complaints could cast a shadow over his second term

Just the other day some member suggested I was already preparing excuses and explanations why the re-elected governor couldn't fulfill his election promises. Obviously it will be all his and the Democrats fault (smile)

[jackspratt]

Didn't take long for the muck raking journalist to start the campaign against the elected winner now did it? PTP will be directing their cronies whom they control such as DSI and useless bodies such as NACC to smear whom they wish to remove, where votes could not do it. Why doesn't the NACC start with all the politicians in PTP rather than this pathetic witch hunt? This is simply a crappy piece of biased journalism.

And of course, none of the allegations could possibly have a hint of truth about them, could they?

The total lack of analysis, leading to unbelievably crass comments on TVF, never ceases to amaze.

This applies to the usual suspects on both sides of the political spectrum here.

[scorecard]

Probe into extension of Skytrain contracts and a couple of other complaints could cast a shadow over his second term

Just the other day some member suggested I was already preparing excuses and explanations why the re-elected governor couldn't fulfill his election promises. Obviously it will be all his and the Democrats fault (smile)

Quote

Probe into extension of Skytrain contracts and a couple of other complaints could cast a shadow over his second term

What a joke, who has the biggest 'shadow' hanging over them? One guess only!

[smedly]

seems to me this is more about proceedures opinion power and durisdiction than any actual breaking of law - PT are trying to ringfence the governors office

Edited March 5, 2013 by smedly

[ramrod711]

I see nothing wrong with an impartial investigation into projects funded by tax payers. If Abhisit was correct in saying that the cost of government projects was inflated by roughly 30% due to corruption, then this investigation could uncover 60 billion baht in fraud. The problem lies with the DSI conducting the investigation, it is apparent that strings are pulled by the party in power, no matter who they are.

[PhilipCook]

Khun Chularat clearly isn't providing analysis. It reads more like a jealous jilted lover scribbling on waste tissue. Be fair and balanced or find another profession.

[NCFC]

Khun Chularat clearly isn't providing analysis. It reads more like a jealous jilted lover scribbling on waste tissue. Be fair and balanced or find another profession.

What's unfair and unbalanced? Did he award an extention to the Skytrain concession illegally or not? We don't know until it has gone to court. At the moment we can presume innocence until guilty but if he has a case to answer then he needs to be brought before the courts. Same applies to anybody.