I can beat Preah Vihear charges : Noppadon

October 1, 2009
The Nation

Noppadon Pattama was optimistic yesterday he would be cleared of criminal and impeachment charges relating to the wrongful signing of the Cambodian-Thai joint communique on Preah Vihear temple last year.

"So many past indictments by the National Anti-Corruption Commission (NACC) have been dismissed by the courts," he said.

The NACC ruled on Tuesday to prosecute him and former prime minister Samak Sundaravej on suspicion of a lapse of duty, under Article 157 of the Criminal Code. They were accused of pushing through the controversial joint communique which was subsequently rejected and voided by the Constitution Court as well as the Central Administrative Court.

Noppadon - who was foreign minister at the time - insisted the NACC was prejudiced by relying heavily on evidence supplied by his opponents and those in the anti-Thaksin camp.

The joint communique was not a treaty, as claimed by opponents. It was a first document in which Cambodia duly recognised the existence of the disputed area surrounding the temple, he said, denying the allegation about sanctioning the Cambodian claim to the Thai territory.

He said he was prepared to fight the legal battle in the Supreme Court and the impeachment proceedings in the Senate.

Noppadon said ex-premier Thaksin Shinawatra gave him the moral support to clear his name. Samak, who is in hospital for cancer treatment, also gave him encouragement through an aide, he added.

Deputy Prime Minister Suthep Thaugsuban said the government would allow justice to run its course without interfering in the matter.

In his message posted on Twitter, Thaksin said the NACC had gone overboard in trying to fault Noppadon.

As part of the indictments, the NACC cited evidence from the National Security Council on the intentions of Noppadon and Samak relating to the joint communique. Based on the evidence, it concluded the two wanted to help Cambodian Prime Minister Hun Sen boost his popularity ahead of the polls.

The NACC expressed shock and dismay the two were willing to risk Thai territorial integrity for the political gain of a foreign leader.

Reacting to the evidence obtained by the NACC, NSC secretary general Thawil Pliensri said he remained sceptical Samak had actually instructed Noppadon to help Hun Sen.

"The story is beyond belief and I never heard Samak tell Noppadon to act in such manner," Thawil said, insisting he was at the NSC meeting on the temple issue.

He admitted, however, there was no taped record of what transpired between Samak and Noppadon.

Thawil's predecessor Lt General Surapol Phuenaiyaka was the key witness in the NACC inquiry.

Pheu Thai MP Jatuporn Prompan said the NACC had been unfair in indicting Noppadon and Samak.

The two were not responsible for losing the Thai territory to Cambodia but Prime Minister Abhisit Vejjajiva and his fellow Democrats were, Jatuporn claimed.

He insisted the two had tried to safeguard the Thai borders while Abhisit neglected to defend the disputed area in spite of a road constructed by Cambodia 250 metres inside Thai soil.

Noppadon: NACC ruling unfair

30/09/2009
Bangkok Post

Former foreign minister Noppadon Pattama on Wednesday lashed out at the National Anti-Corruption Commission for finding against him in connection with the Preah Vihear temple communique dispute, saying the decision was unfair.

The NACC on Tuesday ruled that former prime minister Samak Sundaravej and Mr Noppadon were to be held responsible for a cabinet resolution on June 17 last year to allow the then foreign minister to sign a joint communique backing Cambodia's bid to register Preah Vihear as a world heritage site without receiving prior approval from parliament as required by Article 190 of the constitution. The communique was signed on June 18

The two were also found to have violated Article 157 of the Criminal Code.

Mr Noppadon said the NACC's ruling was wrong in law and unfair to him and Mr Samak and was based on evidence supplied by political opponents of former prime minister Thaksin Shinawatra.

He insisted that the joint communique was not a treaty, but was only a political statement intended to protect territorial sovereignty. It was the only document in which Cambodia admitted the existence of overlapping border areas, he added.

The document had been carefully considered and agreed to by both Foreign Ministry officials, armed forces commanders at a National Security Council meeting, and the cabinet, said Mr Noppadon.

Although in fact many people were to be held responsible for the signing of the communique, the NACC opted to take legal action against only him and Mr Samak.

Mr Noppadon said he was ready to fight in court to prove his innocence and hoped to receive justice from the courts and the Senate.

The former foreign minister said he talked over this matter with Thaksin on the telephone and the fugitive former prime minister gave him moral support and talked to Mr Samak via his personal secretary.

Thai former PM, FM found to have violated law during listing of Preah Vihear with UNESCO

BANGKOK, Sept. 29 (Xinhua) -- The National Anti-Corruption Commission (NACC) voted 6:3 to find former prime minister Samak Sundaravej and former foreign minister Noppadon Pattama to have violated Article 157 of the Criminal Code for abuse of authority during the UNESCO-listing process of Preah Vihear temple.

The NACC found the two had violated the law since the then cabinet passed a resolution for Noppadon to sign the Thai-Cambodian communique to support the listing of Preah Vihear as a world heritage site with the United Nations Educational, Scientific and Cultural Organization (UNESCO), without the Thai parliament approval, Thai News Agency reported.

As Noppadon was the Thai foreign minister in the Samak-led Administration, on July 18 last year, he signed the joint communique with Cambodian Deputy Prime Minister Sok An for the UNESCO listing of Preah Vihear temple.

The UNESCO, in July 2008, approved Cambodia's bid to list Preah Vihear Temple as the World Heritage Site, since then the temple and its adjacent area have become the sites of border conflict between Cambodia and Thailand.

[Thailand] NACC to seek legal action against Samak, Noppadon over temple charges

BANGKOK, Sept 29 (TNA) -- The National Anti-Corruption Commission (NACC) will seek legal action against former prime minister Samak Sundaravej and former foreign minister Noppadon Pattama over last year’s issuance of a joint communique with Cambodia to endorse the listing of the historic Preah Vihear temple as a UNESCO World Heritage site.

The NACC found grounds to charge the duo over their approval of a Cabinet resolution at that time to endorse the listing of Preah Vihear temple without parliamentary endorsement as required by the Constitution.

The NACC voted 6:3 in finding them violated Article 190 of the constitution, said Klanarong Chantik, the NACC commissioner. It also found them negligent in carrying out their duties under Article 157 of the Criminal Code.

Mr Noppadol, then foreign minister, signed a joint communique with Cambodian Deputy Prime Minister Sok An on June 18, 2008 to support Cambodia’s application to list the 11th century temple as a World Heritage site during the Samak administration.

However, the NACC ruled that it did not find sufficient grounds to take action against other cabinet members in the Samak administration and government officials.

The NACC investigated 44 persons in the case including four in the present cabinet, Deputy Prime Minister Sanan Kachornprasart, Deputy Finance Minister Pradit Pattaraprasit, Information and Communication Technology Minister Ranongrak Suwanchawee and Natural Resources and Environment Minister Suvit Khunkitti.

[Thailand] NCCC to decide on Preah Vihear case today

Tuesday, September 29, 2009
The Nation

The National Counter Corruption Commission is expected to make a decision on whether to indict members of the Samak Cabinet and permanent officials involved in endorsing the joint-communiqué to support Cambodia's listing Preah Vihear as a Word Heritage Site.

NCCC commissioner Klanarong Chantik said the NCCC would make the decision today because the investigation results into the case were completed.

Four high-ranking ministry officials have been accused in the case comprising Foreign Ministry permanent-secretary Veerasak Futrakul, Chirdchu Raktrabutr, Ambassador Extraordinary and Plenipotentiary, Krit Garnjana-goonchorn, Director-General of the Department of Treaties and Legal Affairs.

Members of the Samak Cabinet who are defendants in this case include four former cabinet members in the Samak government, namely, deputy prime minister Sanan Kajornprasart, deputy finance minister Pradit Pataraprasit, natural resources and environment minister Suwit Khunkitti and ICT minister Ranongruk Suwanchawee.

The Constitution Court had earlier ruled that the Preah Vihear joint communique was endorsed by the Samak cabinet in violation of the Constitution.

Former foreign ministry deputy permanent secretary Suchinda Yongsunthorn said he believed the permanent officials were innocent as they honestly did their job with the believe that the communique would not cause Thailand to lose any land.

Thailand's Anti-Corruption Commission to rule on Preah Vihear charge Tuesday

BANGKOK, Sept 22 (TNA) - Thailand's National Anti-Corruption Commission (NACC) is scheduled to rule on Tuesday on the previous government's resolution which supported Cambodia's listing of the ancient Preah Vihear temple as a World Heritage site.

The NACC decided last November to press charges against 44 persons including 28 Cabinet members in the Samak Sundaravej administration and state officials in connection with the signing of a joint communique with Cambodia without seeking parliamentary approval as required by the Constitution.

The joint communique was signed by Thailand’s then foreign minister Noppadon Pattama and Cambodian Deputy Prime Minister Sok An on June 18, 2008.

The NACC decided last Tuesday to postpone the ruling to today.

NACC Commissioner Klanarong Chantik said last week that the NACC would consider the case on two separate issues: impeachment and criminal prosecution following the Constitutional Court's ruling that the joint communique was unconstitutional.

He said the anti-graft commission would tackle whether each of the 44 was intentionally involved in malfeasance that caused damage to the country.

The commission, he explained last week, finished investigating 12 persons, but the other 32 would be further scrutinised with the results to be disclosed on September 29.

Of the 28 accused ministers, four are members of the Abhisit government. They include Deputy Prime Minister Sanan Kachornprasart, Deputy Finance Minister Pradit Pattaraprasit, Information and Communication Technology Minister Ranongrak Suwanchawee and Natural Resources and Environment Minister Suvit Khunkitti.

The accused were charged with negligence of duty and violating Article 190 of the 2007 Constitution which imposes that any treaty affecting Thailand's society, economy and integrity of its borders must be approved by Parliament.

Preah Vihear case [in Thailand] to run till Tuesday: Klanarong

Klanarong

September 23, 2009
The Nation

The National Anti Corruption Commission is expected to complete its deliberation on the Preah Vihear impeachment case involving the Samak Sundaravej government by next Tuesday, NACC member Klanarong Chintik said yesterday.

The NACC had already started hearing the case but it would take a week to complete since the proceedings had to cover the individual involvement of each accused, Klanarong said.

"Today's deliberation has covered 12 of 44 accused ministers and officials and the NACC should be able to rule on the case by September 29," he said.

At the heart of the legal wrangling is whether the then prime minister Samak and his ministers intentionally bypassed Parliament when drafting the Cambodian-Thai memorandum of understanding related to Preah Vihear Temple dispute.

Under Article 190 of the Constitution, the government is obligated to seek approval from parliament on the framework to negotiate an international agreement when it has ramifications in regard to borders.

Based on the Constitution Court ruling last year, the government failed to comply with Article 190.

Klanarong said the NACC had to determine the involvement of each accused in order to apportion the wrongdoing involved by each of the accused.

After reviewing the wrongdoing committed by each, the next step was for the NACC to name those targetted for impeachment and those who will face criminal prosecution.

He denied speculation that the NACC might target former foreign minister Noppadon Patama to shoulder the blame alone, saying the deliberation had not even reach halfway to form any conclusion.

[Thailand's] NACC accuses 12 officials of misconduct [over Preah Vihear joint communiqué]

Noppadon: Resigned over temple row

More face heat over Preah Vihear letter

23/09/2009
KING-OUA LAOHONG
Bangkok Post

Anti-corruption officials are accusing 12 people, including former foreign minister Noppadon Pattama, of misconduct over the signing of a joint communique with Cambodia concerning the Preah Vihear temple.

National Anti-Corruption Commission will release the findings of its inquiry into allegations about the communique today, but yesterday would not say who the 12 were. But a source close to the commission's inquiry confirmed Mr Noppadon, a former lawyer for ousted prime minister Thaksin Shinawatra, was among them.

Serving cabinet members and government officials are included in the investigation into the role of 44 people in connection with the signing of the Preah Vihear communique.

NACC member and spokesman Klanarong Chantik said the commission had yet to decide whether to formally accuse 32 individuals over the communique in which Thailand gave support for Cambodia's unilateral registration of the ancient Preah Vihear temple as a World Heritage site with the United Nations Educational, Scientific and Cultural Organisation (Unesco).

The communique was declared illegal as it had not been approved by the parliament as required by law.

The decision on the 32 individuals would be made on Sept 29, the NACC spokesman said.

He said the delay was caused by the adjournment of yesterday's NACC meeting when chairman Panthep Klanarongran had to leave to attend a senator selection at parliament.

Mr Noppadon was foreign minister in the Samak Sundaravej administration when the communique was signed. It had not received prior consent from the parliament as required by Article 190 of the 2007 constitution.

The NACC yesterday did not say if Mr Noppadon was among the 12 people being formally accused.

Its decision to name the 12 for further legal action ignores the recommendation of its fact-finding subcommittee that only Mr Noppadon formally face prosecution, the source said.

The subcommittee, headed by Somluck Jadkrabuanpol, thought the evidence was sufficient to implicate only Mr Noppadon and that the others under investigation should be spared further legal action, the source said.

The panel felt that if formal charges were laid, they would likely be acquitted.

Mr Noppadon signed the joint communique with Cambodian Deputy Prime Minister Sok An on June 18 last year.

The Constitution Court later ruled the communique unconstitutional as it had bypassed parliamentary approval. Mr Noppadon later resigned as a political row raged over his decision to recognise Cambodia's right to Preah Vihear, which Thailand has never fully accepted.

The ministers investigated by the NACC who served under Mr Samak and are now in the present cabinet are Deputy Prime Minister Sanan Kachornprasart, Natural Resources and Environment Minister Suwit Khunkitti, Information and Communications Minister Ranongruk Suwunchwee and Deputy Finance Minister Pradit Phataraprasit.

Anti-graft Panel Postpones Ruling on Phreah Vihear Case

22 September 2009
Thai-ASEAN News Network

The National Anti-Corruption Commission has postponed its ruling on the Preah Vihear joint communique case against the Samak Sundaravej administration. The deputy prime minister for national security sees no need for a Cabinet reshuffle if the panel delivers a guilty verdict despite the inclusion of four Cabinet members as defendants.

The National Anti-Corruption Commission, or NACC, has postponed its ruling on the Samak Sundaravej Cabinet's endorsement of the joint communique that supported Cambodia to list the ancient Preah Vihear Temple as its world heritage site to Septmber 29. The panel said its investigation report is still not completed.

Deputy Prime Minister Suthep Thaugsuban urged all sides not to try to predict the outcome of the case and said there is still no need to reshuffle the Cabinet or dissolve the House even though the NACC's ruling could have bearing on the status of four current ministers who were members of the Samak Cabinet.

The four are Deputy PM Sanan Kajornprasart, Natural Resources and Environment Minister Suwit Khunkitti, ICT Minister Ranongruk Suwanchawee and Deputy Finance Minister Pradit Pataraprasit.

Suthep also revealed whips of the government, the Opposition and the Senate will hold a meeting to decide how to proceed with the planned constitution amendment after the prime minister returns from his trip to the United States.

At the same time, Foreign Minister Kasit Priomya said via video conference from the US that he is worried about the morale of his ministry's officials who have also been named as defendants in the case. The minister said he will seek ways to help officials indicted by the NACC after the case is finalized in court.

Kasit also said he and the prime minister did not discuss the clash between the People's Alliance for Democracy and Si Sa Ket residents near the Preah Vihear border last Saturday.

Meanwhile, representative of a civil network, Tul Sitthisomyong, submitted a petition with the NACC seeking legal action against 124 MPs and senators who signed the motion for a charter rewrite. Tul said the law offence has already been committed although they have already withdrawn their names from the petition.

[Thailand's] Ruling on Preah Vihear charge deferred

BANGKOK, Sept 22 (TNA) - Thailand's National Anti-Corruption Commission (NACC) on Tuesday postponed its ruling on the previous government's resolution which supported Cambodia's listing of the Preah Vihear temple as a World Heritage site.

It agreed to reconvene and decide the issue next Tuesday.

The NACC decided last November to press charges against 44 persons including 28 Cabinet members in the Samak administration and state officials in connection with the signing of a joint communique with Cambodia without seeking parliamentary approval as required by the Constitution.

The joint communique was signed by the Foreign Minister Noppadon Pattama and Cambodian Deputy Prime Minister Sok An on June 18, 2008.

NACC Commissioner Klanarong Chantik said the NACC agreed to consider the case on two separate issues: impeachment and criminal prosecution following the Constitutional Court's ruling that the joint communique was unconstitutional.

He said the anti-graft commission would tackle whether each of the 44 was intentionally involved in malfeasance that caused damages to the country.

The commission, he added, has finished its investigation on 12 people while the other 32 would be scrutinised and disclosed next Tuesday.

Of the 28 accused ministers, four are members of the Abhisit government. They include Deputy Prime Minister Sanan Kachornprasart, Deputy Finance Minister Pradit Pattaraprasit, Information and Communication Technology Minister Ranongrak Suwanchawee and Natural Resources and Environment Minister Suvit Khunkitti.

The accused were charged with negligence of duty and violating Article 190 of the 2007 Constitution which imposes that any treaty affecting Thailand's society, economy and integrity of its borders must be approved by Parliament.

Noppadon faces temple charge

Noppadon: Backed heritage listing

NACC finds ex-minister guilty of negligence

22/09/2009
By KING-OUA LAOHONG and WASSANA NANUAM
Bangkok Post

The national anti-graft agency has accused former foreign minister Noppadon Pattama of negligence of duty over his signing of a joint communique with Cambodia concerning the Preah Vihear temple, a source at the agency says.

The National Anti-Corruption Commission ruling will be announced today based on a 130-page report.

The investigation of the signing covered 35 other people including four cabinet members in the present government and government officials, including some from the Foreign Ministry.

The ministers involved are Deputy Prime Minister Sanan Kachornprasart, Natural Resources and Environment Minister Suwit Khunkitti, Information and Communications Minister Ranongruk Suwunchwee and Deputy Finance Minister Pradit Phataraprasit. The four served in the Samak administration.

Only Mr Noppadon is to be indicted, the source said.

The investigators did not find enough grounds to take action against the others as they were not aware of what the then foreign minister was doing, the source said. Their cases could be rejected if the NACC submitted them to the court.

The anti-graft agency found Mr Noppadon was negligent in his duties under Article 157 of the Criminal Code, the source said.

Mr Noppadon signed the joint communique with Cambodian Deputy Prime Minister Sok An on June 18 last year to support Cambodia's application to declare the temple a World Heritage site. Mr Noppadon's mandate was endorsed by the government a day earlier.

But Thailand backed off from its position after the Constitution Court ruled it unconstitutional as it had bypassed parliamentary approval as required under the constitution. Mr Noppadon later resigned.

NACC member Somluck Jadkrabuanpol, chairman of the investigating panel, denied the NACC had been pressured to rule against the Samak government.

Meanwhile, Deputy Prime Minister Suthep Thaugsuban has asked police to take action against those who instigated the unrest that led to Saturday's fierce clash between the People's Alliance for Democracy and Si Sa Ket residents near the border with Cambodia.

The PAD supporters staged a protest on Saturday near the border in Kantharalak district in Si Sa Ket to call for the authorities to force Cambodians from the disputed area near Preah Vihear. They confronted a group of local residents who blocked the protest. The clash between PAD protesters and the villagers left scores of people on both sides injured.

Mr Suthep said those who violated the law must face legal action.

Defence Minister Prawit Wongsuwon expressed regret over Saturday's clash between the two groups of Thai citizens.

Gen Prawit said he had instructed 2nd Army chief Wiboonsak Neepal to closely coordinate with local police and the provincial governor to prevent a recurrence.

He insisted Cambodia understood the situation as Thai and Cambodian commanders remained in contact.

Both PAD and Si Sa Ket residents yesterday filed complaints against each other with local police over Saturday's clash.

Pol Maj Gen Sompong Thongveeraprasert, chief of the Si Sa Ket police, said more than 30 complaints were filed by the two groups.

Interior Minister Chavarat Charnvirakul dismissed reports a group of men dressed in blue shirts had stirred up local residents to confront the PAD demonstrators. The blue shirts are supporters of Newin Chidchob, the power broker behind Mr Chavarat's Bhumjaithai Party.

Decision on Preah Vihear case Tues

21/09/2009
BangkokPost.com

The National Anti-Corruption Commission is ready to decide on Tuesday whether to indict 36 people including ministers of the Samak Sundaravej cabinet and state officials charged in connection with the cabinet approval on June 17 last year for Thailand to sign a joint communique with Cambodia without seeking advice from parliament, NACC member Somluck Jadkrabuanpol said on Monday.

The joint communique was to support Cambodia's application to list the Preah Vihear temple as a World Heritage site.

The NACC on Nov 13 last year decided to press charges against the Samak cabinet members, except four who were absent, for negligence of duty and violation of Article 190 of the constitution, and certain state officials for malfeasance.

Mrs Somluck said the anti-graft agency has thoroughly studied the investigation report on the case and would tomorrow decide whether to indict the 36 accused.

Of the 36, four are members of the current government. They are Deputy Prime Minister Sanan Kachornprasart, Deputy Finance Minister Pradit Pattaraprasit, Information and Communication Minister Ranongrak Suwanchawee, and Interior Minister Chavarat Charnvirakul.