BMTA defers ending bus deal
Legal battle could ensue, says Bestlin
The Bangkok Mass Transit Authority (BMTA) has deferred informing the supplier of 489 natural gas for vehicle (NGV) buses that it will terminate the procurement contract, to avoid facing a civil lawsuit, according to Deputy Transport Minister Pichit Akrathit.
The BMTA earlier said it would inform Bestlin Group, the bus supplier, about the cancellation on Thursday after the total fine the company has been ordered to pay for the delay in delivery amounted to more than its pledged guarantee of 300 million baht.
Mr Pichit said the contract cancellation letter has not been sent as the BMTA would be at risk of facing a civil lawsuit if it did so.
Bestlin last week asked the BMTA to postpone the bus handover from the deadline set on Thursday and said it is ready to be responsible for all charges, Mr Pichit said, adding that 390 buses have so far been delivered by the company.
“The Office of the Attorney General suggested the BMTA consider the request letter sent by Bestlin before delivering the contract cancellation letter,” said the deputy transport minister.
“If we do not consider the letter from Bestlin, the BMTA would be seen as proceeding with the issue improperly, based on a legal perspective,” Mr Pichit said.
The BMTA’s legal advice panel and bus examination panel will convene on Tuesday to conclude whether the contract cancellation letter will be issued, he said.
Meanwhile, Super Zara Co, which was handling the import for bus supplier Bestlin Group, lodged a police complaint against three customs officials for allegedly falsifying import documents of the 489 NGV buses.
Bestlin Group chairman Kanis Srivachi-raprapha said the court accepted the case for consideration yesterday and the hearing of the case will begin on April 24.
Bestlin has come under scrutiny after its affiliate, Super Zara Co, was accused of making the buses appear as though they were manufactured in and imported from Malaysia, to reap a tax-exemption benefit based on an Asean free-trade agreement.
If the vehicles were made in Malaysia as claimed by Bestlin, the firm would be eligible for a 40% import duty exemption, or 1.2 million baht per bus.
The Customs Department suspects the vehicles were actually produced and assembled in China.
Mr Kanis said the company informed the police of the irregularity and later learned customs officials told police they added notes to the documentation.
Officials can make notes and add comments to the import documents in the space at the back of the papers, but they are required to sign their names along with the date and time of any amendments, he said.
In this case, messages were written next to those put by the company, and this was bound to have been falsification of the documents, Mr Kanis said.
The changes were made by officials who have authority to deal with documents in the computer system, he said, adding the documents were later used to accuse the company of falsely declaring the origin of the buses.
“It was found that the customs officials had made changes to the import entry declaration three times,” said Mr Kanis. “I want to ask why they were trying to make up evidence by falsifying the documents.”
He said there has been an attempt to overturn the bus procurement contract awarded to Bestlin, adding: “I believe there is someone behind this.”
Mr Kanis insisted Bestlin ordered the buses from a company in Malaysia.
The seller also presented a document asserting products originally came from an Asean country, or the so-called “Form D”, to Bestlin, he said, adding the document had also been certified by three Malaysian agencies.
The chairman said t he Customs Department only provided photos and it claimed the Chinese-made buses were sent to Thailand via Malaysia.
The department has no proof to determine if Form D was fake, but accused the company of tax avoidance, Mr Kanis said.
He said the company has not yet received the BMTA’s letter of contract cancellation, but if that happens, it needs to look into the reason behind it and it may end up in a legal battle in court.
Ninety nine buses remain impounded at Laem Chabang pier following the tax scandal.
Mr Kanis said the company will not pay the fine for the impounded buses, which is twice as much as the price of the vehicles, but would place a guarantee of 40% of the import tax instead.
He said that 390 buses have been delivered to the BMTA with 292 of them registered.
He added that the BMTA needs to receive all the buses to provide a service for the people in line with the government’s intentions.