Ray of hope for rule of law

Much to the public’s distress, the court case against construction tycoon Premchai Karnasuta, who was allegedly involved in poaching on a trip to Thungyai wildlife sanctuary, began this week. A myriad of pressures surround this case given the status of Mr Premchai whose business fortune puts him high up on Thailand’s who’s who list.

On Feb 4 this year, Mr Premchai, president of Italian-Thai Development Plc, was arrested together with three other suspects, including a local hunter. Officials seized carcasses of a black leopard and other wild animals, together with rifles and ammunition during a raid led by sanctuary chief Wichien Chinnawong. Salted leopard skin was also found.

According to reports, the tycoon had asked for permission from the Department of National Parks, Wildlife and Plant Conservation to enter the sanctuary on a “conservation study trip”. After his arrest, Mr Premchai made a phone call to highlevel officials in what is alleged to have been an attempt to offer a bribe.

The Feb 4 poaching caused an uproar with the reaction of state authorities only fuelling public anger. Deputy national police chief Srivara Ransibrahmanakul’s greeting to the tycoon with a wai and a deep bow was criticised harshly. Pubic confusion grew as Pol Gen Srivara punished a police officer for accepting a charge against the suspects that was not applicable in the case. Many saw police as more focused on interrogating the park officials who made the arrests than on the accused.

The slow-moving process of justice deepened public anger, with wide speculation that some kind of compromise deal might have been struck for when the matter had faded from public and media attention.

As the Thong Pha Phum Provincial Court began the hearing process, Mr Premchai sent his lawyer to represent him. The court approved his request to remain absent from testimonies due to a clash with his business schedule and also his poor health.

In a coincidence, Mr Wichien recently won the prestigious UN award for his bold action. The agency praised the sanctuary chief, together with his small team, for not hesitating to perform their duty as enforcers of the law despite the high status of the accused. Italian-Thai is a mega-firm that has won several concessions worth billions of baht with the state. That indicates strong connections between the company, if not Mr Premchai, and state officials.

However, the award did raise some hopes about straightforwardness in the justice process in the future.

In fact, a number of observers said there are legal loopholes that enabled the tycoon to not attend the court hearings. Under Thailand’s justice system, police and public prosecutors have a very significant role in either strengthening or softening legal cases.

The Premchai case revived memories about a similar poaching scandal in 1973, which gained massive public attention after the helicopter carrying a top army officer from Kanchanaburi crashed while en route to Bangkok. Eventually, only the local hunter was punished as evidence against those in higher positions turned out to be too weak.

Many compared the tycoon’s case with similar crimes that have been committed by poor people, when authorities tend to take action very quickly.

Earlier this month, a father and son were arrested while butchering the carcasses of liangpha, or serow, in the heart of Kaeng Krachan National Park in Phetchaburi. Another man was arrested for killing a liangpha in a separate crackdown in the same province. In October, a poaching case emerged in which local officials in Kanchanaburi were arrested on suspicion of killing a binturong or bearcat in Sai Yok National Park. There are reports that the investigation into the bearcat case, like the killing of the serow, is 90% complete. But in the tycoon’s case, it has taken nearly 10 months for the process to get off the ground.

Those involved in the justice process should be aware of public sentiment. This is a chance they cannot miss to rekindle hope in the rule of law.