The Supreme Court has acquitted political playmaker Newin Chidchob and 43 others of corruption and malfeasance charges in a 1.44-billion baht rubber sapling procurement deal.
The court also cleared the 44 defendants of the 1.3 billion baht compensation for alleged damage to the state from the projects claimed by the plaintiff, the National Anti-Corruption Commission (NACC) on behalf of the 2006 coup-appointed Assets Scrutiny Committee (ASC).
The case, investigated by the ASC,mainly centred on unlawful approvals for the use of state funds and collusion among bidders.
The project was initiated in 2003 by Mr Newin, then deputy agriculture and cooperatives minister under the Thaksin Shinawatra government, and Chakan Saengraksawong, then director-general of Department of Agriculture (DOA).
The court's Criminal Division for Holders of Political Positions cleared Mr Newin with 8:1 votes and Mr Chakan with 7:2 votes of wrongdoing for proposing a new line of financial sourcing by allocating funds from the Farmers Aid Fund to purchase 90 million rubber saplings for farmers in 36 northeastern and northern provinces.
"They only followed the then government's policy to improve infrastructure in the agriculture sector," one of the nine judges said.
Mr Newin appeared relieved after the two and a half hour reading of the verdicts, rushing to hug other former ministers.
The Buri Ram politician told reporters that he believed the disputed project would eventually bring about profits to farmers engaging in it over the next two years.
"I have only one thing left to do that is to do every thing to protect the monarchy," said a tearful Mr Newin.
Key Bhumjaithai politicians including Interior Minister Chavarat Charnvirakul and Deputy Interior Minister Boonjong Wongtrairat attended the hearing.
Banned politician Sora-at Klinprathum, under the Bhumjaithai wing,is among other four former ministers and state officials cleared of wrongdoing. In their capacity as panel members of the Farmers Aid Fund, they approved the fund's budget allocation.
The ASC charged that rubber plants did not qualify for the Farmers Aid Fund's funding, but the court found otherwise.
Other former cabinet members cleared of all charges include former deputy prime minister Somkid Jatusripitak, former deputy finance minister Varathep Ratanakorn, and former commerce minister Adisai Bodharamik.
Mr Adisai, who did not show up during the first scheduled hearing on Aug 17 and forced the court to postpone it, failed to attend the session. He earlier told the court he was receiving medical treatment in the United States.
After the ruling, the court also revoked an arrest warrant earlier issued to Mr Adisai for his absence.
The court also acquitted state officials and three sapling supplier companies of criminal charges involving collusion in the bidding.
Using criminal offences, the ASC accused the 44 defendants of malfeasance and causing damage to the state in connection with the project.
The Office of the Attorney-General did not accept the panel's case submitted by the ASC, saying it was "incomplete". But the ASC insisted on going ahead with it.
ASC member Kaewsun Atibhodhi said he accepted the ruling of the Supreme Court and believed in the politics-free trial and all the nine senior judges handling the case.
Mr Kaewsun said the ASC had not tried to unfairly treat any defendants in the case but had taken action in line with the evidence.
"I don't think there will be a counter lawsuit from any acquitted defendant.The court acquitted them because of different legal viewpoints," he said.
Prompong Nopparit, spokesman for the Puea Thai Party, said the court's ruling judged the ASC's credibility.
THE VERDICT
DEFENDANTS: Former deputy agriculture and cooperativers minister Newin Chidchob and former department of agriculture chief Chakan Saengraksawong.
CHARGES: Violations of laws and regulations for initiating the sapling project and for proposing that financing be allocated from the Farmers Aid Fund (FAF) and repayments be made by the Rubber Replanting Aid Fund (RRAF).
VERDICT: Not guilty. The defendants acted in line with government policy.
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DEFENDANTS: 17 members of the FAF comprising state officials and four ministers-former deputy prime minister Somkid Jatusripitak, former agriculture and cooperatives minister Sora-at Klinprathum, former commerce minister Adisai Bodharamik and former deputy finance minister Varathep Rattanakorn
CHARGES: Unlawful approval of the use of the FAF's budget for investment and the RRAF's revenue for repayment ot the former.
VERDICT: Not guilty. The decisions werre lawful.
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DEFENDANTS: Eight state officials overseeing the bidding process.
CHARGES: Wrongfully setting up bidding conditions to help certain bidders, and negligence investigating collusion and shared interests among bidders.
VERDICT: Not guilty. No evidence suggested their wrongdoing. The defendants checked bidders' documents correctly as required.
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DEFENDANTS: Bid winner Charoen Pokphand Seeds (CPS) and two other bidders
CHARGES: Bidding collusion by submitting false documents on their credentials and acquisition of sufficient rubber planting areas to help CPS win the deal. The three companies shared business interest and lines of management.
VERDICT: Not guilty. The credentials documents contained no false statements.
Tuesday, September 22, 2009
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