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Slung mud, burnt robes as temple money probe presses on Organic bill regarding trials in absentia draws ire of Pheu Thai politicians Rumours of Chatchai’s appointment as permanent secretary to Interior Ministry ring true
It’s not all small change
Thai temples are being shaken to their core by damning allegations stemming from the “change money” scandal, with some senior monks quick to lay the blame on the laymen tasked with rooting out corruption in the “holy realm”.
Until recently, National Office of Buddhism (NOB) director Pongporn Pramsaneh had been on the offensive in his investigation into 12 temples accused of siphoning more than 60 million baht from government coffers under the guise of dispensing maintenance funds.
Arrangements were allegedly made between some NOB officials who went knocking on the temples’ doors offering to disburse the maintenance funds on condition that the temples agreed to later “refund” some of the money.
The NOB was under pressure to suspend its deputy director, Phanom Kongpikul, after he was accused of being linked to the embezzlement of 13 million baht in maintenance funds from Wat Phanan Choeng, a magnet for merit makers, in Ayutthaya.
Political observers said Mr Pongporn has won praise from many quarters for leading a rigorous probe into alleged malfeasance at temples, long regarded as the “holy realm” left virtually untouched by the arms of the law and the NOB itself when it came to antigraft campaigns.
The NOB was traditionally labelled by critics as a protector of temples and prominent monks, allegedly sitting on its hands or even looking the other way when transgressions or irregularities occurred.
But a radical change swept through the office when Mr Pongporn was appointed by the government to direct it, according to some observers.
In the change money saga, Mr Pongporn has shown he meant business by filing a complaint with the Royal Thai Police’s Counter Corruption Division against those temples embroiled in the scandal, as well as the suspects accused of pocketing state funds.
His mission has, as alluded to by his opponents, been to “set the saffron robes on fire”, as it has pitted Mr Pongporn against a number of Buddhist devotees as well as some highranking monks who have publicly declared their displeasure with the NOB chief.
An assistant abbot at one of the temples in Bangkok has fired a shot across the bow at Mr Pongporn, claiming the NOB chief has acted out of spite via wholesale plotting against the religion in making indiscriminate, graft-related allegations against temples and monks.
A source said Mr Pongporn had recently attended a religious ceremony in Bangkok and was denied a role in lighting candles at the altar, an obvious sign of sanction by presiding monks at the rite. Remarks were also made, taking him to task for what was described as his sustained attack on the good names of the temples and for being too keen to present evidence in the embezzlement cases to the police.
Mr Pongporn’s opponents have said that once mud has been slung, everyone in the vicinity gets dirty and no monk is spared.
Despite the aspersions, Mr Pongporn has found support from higher-ups, including Prime Minister Prayut Chan-o-cha, who has given the NOB director credit for trying to clean up the backyard of some temples. But Gen Prayut said the “bad eggs” constitute only a fraction of the temples nationwide.
The premier warned the issue must not be embellished or exaggerated to avoid the danger of turning it into a religious conflict.
Gen Prayut said monks should also be treated with respect as the change money probe continues.
Questions raised over new laws
One by one, organic bills have been approved by the National Legislative Assembly (NLA) with ensuing protests from agencies who will be subjected to the legislation.
However, one organic bill stands out, on the account that it leaves no room for a joint committee to be established to iron out differences in the bill, unlike other draft organic laws which allow for such a panel to be formed.
The organic bill on the Supreme Court’s Criminal Division for Holders of Political Positions which this week received the NLA’s seal of approval did not strike a chord with some politicians from the Pheu Thai Party, who chided it as weak on justice and the rule of law as well as internationally unacceptable, for introducing a clause advocating that trials be conducted in absentia if defendants flee justice, with an infinite statute of limitations.
The questions posed about the organic bill were answered by Pattharasak Wanasaeng, chairman of the NLA committee on the organic bill on the Supreme Court’s Criminal Division for Holders of Political Positions. The former Supreme Court justice and former Courts of Justice secretary-general was the “frontline” expert who was called to elucidate on what many found to be a complex issue related to the often puzzling technicalities of court proceedings. He is also “colourless” in his political stance.
The main thrust of the organic bill is to prevent offenders who are political post holders from fleeing overseas to avoid serving jail terms and stay there until the statute of limitations on a case has lapsed before returning a free person to the country.
Once a court issues an arrest warrant and the defendant fails to be brought to trial within three months, the court will order the case to proceed in absentia.
However, the defendant can file for a retrial in a year of the case being decided by the court, provided there is new evidence.
Most of the lawmakers agree in principle with the absentia clause being adopted by the organic law. However, some NLA members thought the clause might run counter to the previous law which required an accused to be present at the trial.
Mr Pattharasak told the Bangkok Post some judges had reservations about the practicality of the absentia requirement. But the queries the judges might have will likely go unanswered as the provisional clause in the organic law does not authorise a joint panel between the NLA and the court representatives to be named to address the points of contention.
A source in the Constitution Drafting Committee, during an interview with the Bangkok Post, conceded it was erroneous of the committee not to include the joint panel formation in the organic bill’s provisional clause, making it the “black sheep” among the draft organic laws.
However, when the door is shut, a window is opened. If either the plaintiffs or the defendants feel the organic law on the Supreme Court’s Criminal Division for Holders of Political Positions have detrimental effects on them, they can petition the Constitutional Court for a ruling.
Despite the organic law being devoid of the possibility of a joint panel being formed, any doubts that the organic bill’s contents may be unconstitutional can be cleared up by the Constitutional Court.
‘Big Ching’ gets blessing
Chatchai Promlert has been appointed as permanent secretary for the Interior Ministry, ending speculation and rumours about who will be in charge of one of the country’s key state agencies.
The incumbent director-general of the Department of Disaster Prevention and Mitigation (DDPM) is one of three senior officials whose appointments have been recently endorsed by the cabinet.
Internal Trade Department head Nuntawan Sakuntanaga has been confirmed as permanent secretary for commerce while Industrial Promotion Department directorgeneral Phasu Lohanchun takes the helm at the Industry Ministry.
The trio will begin their work on Oct 1, the start of the 2018 fiscal year.
Known as “Big Ching”, Mr Chatchai was said to have had the blessing of Interior Minister Gen Anupong Paojinda even though Prime Minister Prayut Chan-o-cha was believed to have someone else in mind. Mr Chatchai, who has four full years before his mandatory retirement in 2021, was a potential candidate for the Interior Ministry’s top job in a reshuffle two years ago, but the post went to outgoing interior permanent secretary Grisda Boonrach.
There were whispers at that time that if interior officials were to pick anyone for the post, Mr Chatchai would definitely get the job.
With Mr Grisda’s retirement due, the DDPM chief emerged unopposed as a strong candidate.
According to political sources, Mr Chatchai was said to be highly confident that he would be named the next interior permanent secretary. He has put into practice the interior minister’s policies and is known to have remarkable coordination skills.
A graduate of Chulalongkorn University’s Political Science faculty, known as Singh Dam (black lion), Class of 32, he is well-liked by members of other alumni of Singh Daeng (red lion) and Singh Thong (golden lion).
Before taking the DDPM helm, Mr Chatchai was appointed governor of Lop Buri by the Democrat administration in 2009. When the Yingluck government came to power, he won praise for his initiative and efforts in tackling flood problems and earned his promotion as DDPM director-general in 2012.
One of the new interior permanent secretary’s jobs is likely to be making preparations for a general election tentatively scheduled to take place next year. One of these involves the annual reshuffle of senior interior officials including provincial governors.
According t o political sources, Mr Chatchai is a low-profile official but the DDPM under his watch has been drawn into a few controversies.
One was the department’s procurement of fire and boat trucks worth 7 billion baht during 2012-2014 as well as a project to dredge waterways and construct waterretention facilities across the country.
The fire and boat truck project raised concerns about transparency after the companies which won the bid to supply the fire-fighting equipment were found to have connections with each other.
The dredging project involves the hiring of the War Veterans Organisation (WVO) to dredge waterways and construct water retention facilities through a special method without calling a bid.
While the regulations allow the hiring of WVO through a special method, allegations have surfaced that the organisation is not properly equipped to undertake the state project.
The WVO allegedly brought in private contractors to manage the process and this triggered accusations that WVO staff requested “tea money” from developers.
However, Mr Chatchai has not been accused of any wrongdoing and it remains to be seen if his appointment as the new permanent secretary for the Interior Ministry will prove to be the right move.