Former Auditor-general Commission Chairman Sentenced To 3 Years In Jail

[Jai Dee]

Former Auditor-General Commission chairman sentenced to 3 years in jail

The Criminal Court convicted former Auditor-General Commission chairman Panya Tantiyawarong (ปัญญา ตันติยวรงค์) of abuse of authority and sentenced him to three years in jail yesterday.

The court found Mr. Panya’s nomination of three candidates for the post of auditor-general violated the law, which requires the Auditor-General Commission to name only one finalist who receives the highest votes from its members to the Senate for approval.

The commission nominated Prathan Darbpetch (ประธาน ดาบเพชร), who had the top scores, Khunying Jaruvan Maintaka (จารุวรรณ เมณฑกา) and Nonthapol Nimsomboon (นนทพล นิ่มสมบุญ) to the Senate, which then voted Khunying Jaruvan to be the auditor-general.

Mr. Prathan later filed an abuse of authority charge against Mr. Panya. Mr. Panya was freed on a 350,000 baht bail pending an appeal.

Source: Thai National News Bureau Public Relations Department - 31 May 2006

[Scott]

It will be interesting to see if he actually serves any time in jail.

[Jai Dee]

Former SAC chief on bail

The Criminal Court yesterday found former State Audit Commission (SAC) Chairman Panya Tantiyavarong guilty of malfeasance and sentenced him to a three-year jail term under Section 157 of the Penal Code. He was, however, granted bail.

Panya, 66, was accused of malfeasance in the nomination process of the auditor-general in 2001 by government prosecutors and one of the three nominees, Prathan Dabphet.

The verdict said Panya, a high-ranking officer in a key independent organization, misused his position, compromising the legitimacy of the auditor-general and caused problems for the country.

The indictment states that Panya violated SAC regulation No 6(5), which stipulates that only one name for the auditor-general’s position should be proposed for Senate consideration.

Flouting this, Panya submitted three names, Prathan – who received the most votes – Jaruvan Maintaka and Nonthapol Nimsomboon to the Upper House. The Senate voted to endorse Jaruvan. This error resulted in a year-long legal battle over the legitimacy of Khunying Jaruvan as auditor-general. The government, acting on His Majesty the King’s advice, reinstated her this year .

Panya’s relatives posted a bail bond of 150,000 baht. He is expected to file an appeal in 30 days.

Source: ThaiDay - 31 May 2006

[PREM-R]

Isn't the prodedure in cases like this something like: Guilty, but due to his senior position and in light of his years of service to the nation the sentence is suspended. The guilty party is then moved to an "inactive" post and retains all salary, pension and privilages of his former positon. Result - nothing at all happens to the guilty party (save for perhaps a loss of'face'). Or am I being cynical?

[slimdog]

Former Audit Commission chairman jailed three years

The Criminal Court Tuesday jailed a former chairman of the Audit Commission for three years after convicting him in malfeasance for nominating three candidates instead of one for the Senate to select as the auditor-general.

The court found Panya Tantiwarong guilty of malfeasance for sending three candidates to the Senate to select as the auditor general instead sending only the candidate who received top votes from the Audit commissioners.

The court declined to suspend the jail term on ground that Panya should know best about legal technicality as he had received a doctorate degree.

He was released on bail pending an appeal against the ruling.

The suit was co-filed by Prathan Dabphet, the candidate who receive top votes from the Audi commissioners.

Prathan said the Audit Commission resolved to have Panya nominate only Prathan to the Senate for the endorsement as the auditor-general but Panya nominated three candidates and the Senate later voted to endorse Khunying Jaruvan Mainthaka as the auditor-general.

Jaruvan was later suspended from duty for over a year after the Constitution Court ruled that the process led to her appointment was unconstitutional.

The Nation