Corruption Cases Division aims to deliver swift justice in graft offences

The punishment, while not the first verdict since the division was set up, made the trial the talk of the town.

The court took just one year to complete the trial and found Sorrayuth and his employee guilty of cheating the state-owned MCOT Plc of over Bt138 million in advertising revenue in 2005 and 2006.

The Court’s Corruption Cases Division, which was established in August last year, has been granted broader powers to target corruption by the Prayut government while legislation to set up a special corruption court is in the process of being passed.

Corruption is a threat to national and political stability so the government believes a special division is needed to ensure expedited court procedures and convictions for state officials and people in the private sector accused of graft.

The court uses an inquisitorial system in hearing cases the same way as the Criminal Court’s Political Division for Political Office Holders does.

Doing this means the court will rely mainly on reports filed by the National Anti-Corruption Commission (NACC). The court allows plaintiffs or prosecutors to file complaints at the same time as the NACC so that defendants can check accusations and evidence before trial.

This system allows all parties to see the evidence and reports on the case before a trial starts. The trial can be shortened and prevented from being drawn-out because the court can determine which topics are irrelevant or connected to the case.

Deputy chief judge of the Criminal Court, Anurak Sanga-areekoon, said the management of cases in the division tries to ensure speedy court procedures. Judges in charge are high-ranking ones who have experience in graft cases. 

The inquisitorial system aims to protect state assets and reduce the loss of public funds. The task of finding out the truth is shared by the court, because police and prosecutors have limited power to access evidence and the truth surrounding cases.

“The system allows the court to take action in finding evidence and the truth by calling for additional evidence instead of just listening. This enables the court to get almost 100 per cent truth.’’

He said the inquisitorial system was different from the accusatorial system, which aimed to protect people’s rights and liberty. 

The inquisitorial system helps speed up court procedures because both sides have time to “do homework” before searching for evidence and witnesses to testify in the court, he said.

The division has held hearings on over 60 cases since it was set up seven months ago – 33 that existed before it was established and 27 cases submitted after. 

One is a case that involves Khunying Jaruvan Maintaka, the former auditor-general. In 2003, the NACC found there were grounds to allegations that Jaruvan illegally reimbursed Bt294,440 in state funds over the holding of a seminar and religious ceremony in Nan province.

The prosecutors brought the case to the court in October 2014. Jaruwan was accused of violating Article 157 of the Criminal Court for malfeasance.

The court took one year before issuing a verdict, sentencing Jaruwan to two years in jail. She has been released on bail, pending an appeal.

Another high-profile case being tried by the division is against former Tourism Authority of Thailand (TAT) governor Juthamas Siriwan and her daughter, who are fighting corruption and related charges over an alleged Bt60-million bribe paid to them by an American couple for the right to hold the Bangkok International Film Festival from 2002 to 2007.

This case was brought to the court on August 25 last year. It is expected to issue a ruling in less than a year.

The Corruption Cases Division is expected be upgraded to a specialised court this year so that it can effectively and “swiftly” bring corrupt officials and private citizens to justice.