Srettha’s written defence raises 3 key points
The document argues that Article 160 cannot be applied retroactively, gauging integrity and ethical standards is inexact and has never been applied to other Cabinet members
One of the main points raised in Prime Minister Srettha Thavisin’s written defence in the Pichit Chuenban case is that Article 160 cannot be applied retroactively to before the appointment.
A source, who has read the document, said it argues that Article 160 (4) and (5) can only be applied from the day Pichit was appointed as PM’s Office minister, not before.
Article 160 (4) states that a minister must be of evident integrity while Article 160 (5) states that a minister must not have behaviour, which is in serious violation of or fails to comply with ethical standards.
Srettha was accused by a group of 40 senators of violating the charter and ethical standards by appointing Pichit as a minister in a Cabinet reshuffle in late April despite his questionable background.
In 2008, Pichit was jailed for six months on contempt of court charges after the Supreme Court’s Criminal Division on Holders of Political Positions found that he and his two junior colleagues had tried to bribe court officials with 2 million baht. The trio were then representing former prime minister Thaksin Shinawatra in a conflict-of-interest case.
According to the source, Srettha’s defence document pointed out that Pichit had been jailed and the bribery attempt made long before his appointment.
Another key point the document raises is that the minutes of a charter drafting committee’s meeting show that the committee itself was divided over whether Article 160 (4) and (5) should be included in the charter, the source said.
This conflict, the document points out, indicates that the committee foresaw problems in the enforcement of the Article as it is difficult to gauge someone’s integrity and ethical standards.
The third point the document raises is that since the current charter was enforced in 2017, none of the Cabinet members have been assessed based on the provisions of Article 160 (4) and (5). Also, it said, no other charter has ever raised the issues of integrity and ethical standards and qualifications for ministers.
As a result, the document stated, the Cabinet Secretariat has never checked any Cabinet member’s qualifications based on Article 160 (4) and (5).
Srettha’s written defence has been vetted by his special adviser Wissanu Krea-ngam, a former deputy PM in the General Prayut Chan-o-cha government.
The source said the ruling Pheu Thai Party believes that having Wissanu as part of its defence team would shore up the credibility of Srettha’s defence as the former is a legal expert who has served several governments. Plus, Wissanu has strong links with the conservative side.
