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Thawil May Take Case To Nacc


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Thawil may take case to NACC
The Nation on Sunday

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Thawil

BANGKOK: -- NSC ex-chief says he is awaiting Yingluck's next move; Democrats ask govt to heed court verdict

Thawil Pliensri, the transferred former National Security Council secretary-general, said yesterday that he will have to take his case to the national anti-graft panel if Prime Minister Yingluck Shinawatra appeals against the Central Administrative Court verdict ordering his reinstatement to his previous position.

He said that he would be forced to do so in order to protect himself from further persecution.

"I have to wait and see what action the prime minister takes. If she appeals, I will have to protect myself," Thawil said.

"My [legal] moves in the past have been intended to protect myself from persecution. If she still wants to defeat me [in the court], I will have to protect myself," he said.

Thawil said he had simply attempted to protect his "territory" and had never encroached on the PM's "territory".

"The ball is now in the prime minister's court. It depends on her how she will play it," Thawil said. "I do not mean to threaten her."

The transferred NSC ex-chief won a historic legal victory on Friday when the court revoked Yingluck's order, issued in September 2011, to second Thawil as an adviser to the Prime Minister's Office, and ordered the prime minister to reinstate him retroactively from the day he was transferred.

Thawil had filed a lawsuit with the Central Administrative Court in April against the Cabinet resolution that removed him as the NSC secretary-general. The suit also challenged the decision of the merit protection committee that endorsed the Cabinet resolution.

In response to the verdict, PM's secretary-general Suranand Vejjajiva ordered the PM's Office's legal expert to study the ruling closely, and an appeal against the ruling was expected, according to Government Spokesman Teerat Ratanasevi.

With Friday's court ruling, Thawil is eligible to petition the National Anti-Corruption Commission (NACC) against the prime minister and her Cabinet for alleged malfeasance involving their order and decision to transfer him.

If the NACC deems the transfer unfair and pursues the case, the PM and all her Cabinet members will have to suspend their duties, pending a verdict by the Supreme Court's Criminal Division on Political Office Holders.

Thawil said yesterday in addition to petitioning the NACC on the charge of malfeasance, he might also file a complaint with the Office of the Ombudsman, accusing the prime minister of severe ethical violation, which could lead to impeachment. Another option was to file a civil case for damages. He also said he would not request a meeting with the prime minister about his case, adding the PM has the power to summon him for a meeting.

Meanwhile, the Democrat Party yesterday asked the government not to take Thawil's case to the Supreme Administrative Court. Instead it should reinstate him as soon as possible, according to senior MP Ong-art Klampaiboon.

He said the party agreed that the government should use this opportunity to show that it supports merit system, and not favouritism, in the bureaucracy.

"The government should allow Thawil to prove he is serving the country, and not politicians," Ong-art said.

In a related development, Pheu Thai deputy spokesman Anusorn Iamsa-ard said yesterday the government respected the court verdict but that it has the right to appeal the ruling within 30 days.

"Whichever option the government chooses, we are ready to ensure justice and suitability for all the parties involved," he said.

The spokesman also said that the current NSC chief, Paradorn Pattanathabutr, has worked well and has caused no damage.

"More importantly, the government has no right to favour anyone it believes honestly to be able to take care of national security matters the best," he said.

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-- The Nation 2013-06-02

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