OAG furious over sapling case fiasco

       The Office of the Attorney-General has slammed the defunct Assets Scrutiny Committee for bungling the 1.44 billion baht rubber sapling procurement corruption case.
       The office yesterday said the ASC had failed to heed its warnings that the allegations against the 44 defendants were unsubstantiated.
       The Supreme Court's Criminal Division for Holders of Political Positions on Monday cleared all defendants, including five politicians from the Thaksin Shinawatra administration and senior civil servants, of corruption and malfeasance charges levelled against them by the National Anti-Corruption Commission on behalf of the ASC.
       The case investigated by the ASC mainly centred on unlawful approval for the use of state funds and collusion among bidders.
       The rubber sapling project was initiated in 2003 by Newin Chidchob, then deputy agriculture and cooperatives minister.
       The Office of the Attorney-General (OAG) said the ASC's insistence on going ahead with the case without sufficient evidence had damaged the state and ruined the reputation of the defendants.
       OAG spokesman Thanapit Moonlapruek yesterday said the ASC had rushed its decision to send the case to court despite the public prosecution's warning it was incomplete.
       Mr Thanapit said the OAG had recommended that the ASC gather more evidence and witnesses to back up the claims made against the defendants but the ASC had not complied.
       Mr Thanapit said it appeared the ASC had failed to work with the public prosecution in ensuring justice.
       "It seems the ASC did not cooperate with the OAG to ensure justice and to ensure the case was complete," said Mr Thanapit, head of the OAG's economic crime litigation office.
       "Now the Supreme Court has dismissed the case and damage has been done to the state."
       Mr Thanapit said the state had wasted money hiring lawyers to act on its behalf and the case had tarnished the reputation of the defendants, who had been unfairly accused.
       Mr Thanapit called on those involved in the judicial system to take an integrated approach and handle cases based on evidence rather than personal conviction.
       Members of the judiciary must not cave in to pressure and must be independent and free of bias when handling cases, he said.
       The rubber sapling case should serve as a reminder that members of the judiciary should do all they can to work together and administer justice without prejudice.
       Mr Thanapit admitted members of the ASC would be spared any legal responsibilities related to the case because they were protected by Article 309 of the 2007 constitution, which justifies and legitimises legal acts and policies enacted under the post-coup interim constitution.
       Mr Thanapit said the OAG had also advised that the case of alleged irregularities in the two- and three-digit lottery project was incomplete. The Supreme Court is due to deliver its verdict on the lottery case on Sept 30.
       The lottery case names 47 people,including Thaksin, his former cabinet and officials from the Government Lottery Office, as the accused.
       The court has barred the 47 defendants from leaving the country pending the court verdict.
       The court has dismissed the suit against Thaksin temporarily as he is in self-exile overseas.
       On Sept 26 last year, the court issued a fourth warrant for the arrest of Thaksin for failing to appear before the court in the lottery case.
       The Supreme Court earlier issued arrest warrants for Thaksin and his wife at the time, Khunying Potjaman, after the couple jumped bail and failed to turn up to hear the verdict in the Ratchadaphisek land case.