As its name implies, the National Counter Corruption Commission (NCCC) is supposed to be the bulwark in the fight against the scourge of corruption in the bureaucracy. And we have been led to believe that this supposedly independent organisation is among a handful that is free from political interference and can still be trusted. Pitifully though, this myth has been shattered by its ruling last Thursday pertaining to a land auction case dating back to 1998.
The graft watchdog has faulted Prime Minister Somchai Wongsawat, then justice permanent secretary, for carelessness in failing to take action against Pramarn Tiyapaiboonsin and Manit Suthaporn, then director-general and deputy director-general respectively of the Legal Execution Department.
The two were accused of returning a 70 million baht deposit posted by a bidder in an auction to the landowner without demanding 45 million baht in land tax for the land deal from the landowner, which was construed as causing damage to the state.
A fact-finding committee led by a vice-president of the Supreme Court ruled the Legal Execution Department was guilty of negligence and recommended that the justice permanent secretary follow up the case. Instead, the case was shelved, prompting the judge who initiated the case, Chamnan Raveewanpong, to bring the matter to the attention of the NCCC two years later.
But it was not until two years ago during the government of Prime Minister Surayud Chulanont that the NCCC found Mr Manit guilty of malfeasance in office and suggested that he be sacked. Mr Pramarn was eventually faulted for a disciplinary violation, also by the NCCC.
Given that the case had grounds, as substantiated by the Supreme Court vice-president's investigating panel's findings and recommendation for Mr Somchai to follow up, the NCCC's ruling which faulted the then justice permanent secretary for carelessness is a big letdown and a big farce. How can someone who is fully aware of something fishy going on choose to sit on it? This is careless. It completely defies logic. Instead, such misconduct should be regarded as an intentional cover-up.
Had the NCCC ruled on the case in a straightforward manner, the consequences would have been much different. Perhaps there would have been no need for the top brass to come out and make a direct suggestion on television for Prime Minister Somchai to stand down to show responsibility for the October 7 violent crackdown on supporters of the People's Alliance for Democracy (PAD).
Nevertheless, the NCCC will have to live with the shame of this farcical ruling.
Like the mythical Pandora's box which is filled with all the evils of the world, this scandalous land case has implicated several more players. If you dig deeper, more skeletons will emerge, and that will not do any good to the judiciary. Yet the case should serve as a valuable lesson to the current judicial commission which can reflect on the shortcomings of the previous commission regarding corruption in order to see that it is never repeated.
Apparently, the judicial commission at the time was also at fault for its failure in not proceeding with disciplinary action against Mr Manit and Mr Pramarn despite an initial probe which accused the two officials of negligence in the performance of their duty in connection with the land deal. The judicial commission's failure was clearly in defiance of the Judicial Officials Act B.E. 2543 which makes it compulsory for a probe to be conducted in instances of suspected disciplinary breaches by judicial officials and a disciplinary investigation held in case there is a gross disciplinary violation.
Last, but not least, my sincere commendation to that rare breed of judge, Mr Chamnan, for without his unusual sense of social responsibility, his courage to the extent of foolhardiness and unwavering resolve to set things right as well as the full support of his family and friends the "evils in the Pandora's box" in the judiciary would have never been exposed.
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