Srettha to issue final statement on appointment of Phichit

Prime Minister Srettha Thavisin is to submit his final case summary to the Constitutional Court tomorrow in advance of the Court’s ruling on the petition by 40 senators to remove him from his position due to his appointment of Phichit Chuenban, his adviser Wisanu Krea-ngam has announced.

Srettha earlier submitted a 32-page document addressing the allegations to the Constitutional Court, including a list of additional witnesses. However, the court decided not to conduct a hearing and scheduled a ruling date instead.

The main content of the Prime Minister's initial statement outlined the steps taken to vet individuals nominated for ministerial positions during the government formation on September 1, 2023, and the most recent cabinet reshuffle on April 27. The Prime Minister asserted that all procedures followed the Cabinet Secretariat's guidelines for verifying the qualifications and disqualifications of nominees.

The statement emphasised that the Prime Minister’s actions in nominating individuals as ministers were not aimed at seeking personal gain or benefiting any individual. The nomination of Phichit as a minister was carried out with honesty and a focus on the national interest.

“I was not aware of, nor did I consent to, any misuse of the respondent’s position for personal gain, and therefore did not engage in conduct that violated or failed to comply with ethical standards to the extent that would necessitate removal from the Prime Minister position,” the statement reads.

Key points from the initial document have been condensed into a final case summary, reducing the content to 2-3 pages. This summary succinctly addresses all issues and responds to the allegations made by the 40 senators.

A crucial argument presented by Srettha is that after the Cabinet Secretariat received documents from Phichit, such as his biography and qualifications, doubts arose regarding his disqualification due to previous imprisonment. Therefore, a formal inquiry was sent to the Council of State on August 30. The Council of State convened urgently and responded on September 1.

Regarding the senators’ allegation that the Prime Minister deliberately did not enquire whether Phichit was disqualified under the Constitution but only asked about issues that would allow his nomination as a minister, Srettha clarified that the enquiry was based on legal issues identified by the Cabinet Secretariat at the time, which involved two nominees: Phichit and Phai Lik.

“The inquiry addressed all legal issues comprehensively, contrary to the senators’ claim that it was incomplete,” he wrote.

Additionally, the Cabinet Secretariat faced legal limitations preventing them from enquiring about factual matters with the Council of State, as these were beyond the Council's authority and fell under the jurisdiction of the Constitutional Court.

Therefore, the decision not to enquire specifically about Phichit was not intentional, nor was it intended to benefit any individual, including Phichit.

In his final case summary, Srettha emphasised that he had not been influenced by, nor sought to benefit any individual, in nominating Phichit as a minister.

“All actions were carried out with honesty and a focus on national interest, without any misuse of the respondent's position for personal gain, thus there was no serious ethical violation.”

In another significant part of his statement, Srettha admitted that he lacked an educational background in law and political science and had limited political and administrative experience. Therefore, he could not have known nor should he have known whether Phichit was disqualified from holding a ministerial position under the Constitution, which is the Constitutional Court’s jurisdiction.

Another critical allegation by the 40 senators claimed that Phichit was nominated as a minister after Srettha met with former Prime Minister Thaksin Shinawatra three times during the cabinet reshuffle, suggesting outside influence. Srettha dismissed this claim, explaining that his acquaintance with Thaksin was longstanding, with meetings occurring on various occasions.

“Meetings during the cabinet reshuffle were conducted openly, without receiving any political orders or directives.”

In the final document, Srettha reiterates that Phichit's nomination as a minister was made fairly, without outside influence.

He also emphasised his commitment to his work, without seeking any personal benefit, even donating his salary and allowances to charitable and public causes. His actions were conducted honestly and correctly according to procedures, he noted, requesting the court to ensure fairness.