BTSC vows to fight accusation levelled by anti-corruption body of irregularities in Green Line

The National Anti-Corruption Commission (NACC) decided on Friday to press charges against 11 people, plus BTSC and the Bangkok Metropolitan Administration (BMA).

They are accused of corruption and malpractice related to the 190-billion-baht contract signed on May 8, 2012, between Bangkok's investment arm Krungthep Thanakom (KT) and BTSC.

The contract allowed BTSC to operate and maintain the Green Line, including the On Nut-Bearing, Saphan Taksin-Wongwian Yai, Mor Chit-On Nut and National Stadium-Saphan Taksin sections until 2042.

“All suspects are accused of violating the act on participation in state undertakings BE 2535 [1992] and offences relating to the submission of bids to state agencies BE 2542 [1999]," the NACC said.

BTSC chief executive Surapong Laoha-Unya said the company has not faced prosecution yet. He said BTSC has the right to fight the accusation and is ready to go through the legal process.

"The company would like to confirm that the BTS Green Line contract was made as per the laws without any irregularities," he said.

He added that the contract was signed after the Council of State had told the BMA that it can hire BTSC to operate the BTS Green Line even though it is not a public-private partnership (PPP).

Meanwhile, BTSC chairman of the board Keeree Kanjanapas said the Department of Special Investigation and the NACC had investigated this case in 2012 after receiving a complaint from an unidentified member of Parliament.

"The MP claimed that the BMA does not have the authority to sign a contract with BTSC," he explained.

He said the Office of the Attorney-General and the DSI had suspended investigation in 2013, as there was no evidence related to BTSC.

He added that BTSC had told the NACC that the change in the company's stock price during that time was due to the BTS Green Line contract.

Keeree said he was curious about the latest accusation as the case had been closed in 2012. He claimed that the NACC had not shown any evidence of irregularities in the BTS Green Line contract.

He confirmed that the company was not involved in state agencies' operations.

He expects the case to be pursued as BTSC has accused the BMA and the Mass Rapid Transit Authority of Thailand (MRTA) so far.

BTSC had filed a lawsuit against the MRTA for wrongdoing in the bidding for the Orange Line project from Minburi in eastern Bangkok to Bang Khunon in the west.

The company had also filed a lawsuit against the BMA and KT for the 12.6 billion baht it is owed for operating the Green Line extensions since April 2017. It said accumulated interest and operating fees have pushed the debt up to 50 billion baht.

"There must be somebody who wants to inflict damage on BTSC," he said.

He said somebody, who claimed to be a source from the NACC, gave confidential information to media outlets to inflict damage on BTSC's business operation and its stakeholders' confidence.

"The price of BTSC shares dropped sharply to 5.40 baht per share on Monday due to news of irregularities in the BTS Green Line contract," he said, adding that the share price has now returned to normal.

Keeree said he has faith that BTSC employees are working based on good governance principles. He also asked the NACC to reveal the source who had provided such information to media outlets.

"BTSC has submitted a letter to the NACC to clarify this issue," he said.

Despite the debt burden, he vowed to continue operating the BTS Skytrain to benefit the public and the nation.

His remarks came after some 100 staff members rallied outside Government House on Tuesday morning to demand that the government repay the 50 billion baht it owes the company.

The protesters also threatened to stop servicing the extended routes until the government pressures the BMA into paying up.

He urged BTSC shareholders to use their discretion regarding the case, adding that they would benefit from the company's actions for the people and the country.

Related stories:

Bangkok BTS employees threaten to suspend train services if BMA fails to pay up

Sukhumbhand faces corruption charges over BTS Green Line concession

Top court rules in favour of MRTA in BTSC’s lawsuit over Orange Line bidding