The Supreme Court’s Criminal Division for Political Office Holders yesterday accepted the lawsuit against the former PM brought by the National Anti-Corruption Commission (NACC) last month along with 21 boxes of documentary evidence.

The court has called for the first hearing on June 22 though Thaksin remains in exile. The new organic Act on the Criminal Procedure for Holders of Political Offices promulgated last year allows the court to conduct hearings in absentia.

The NACC in 2010 found the former PM in breach of Article 157 of the Criminal Code that prohibits malfeasance, by having the then-finance minister, Suchart Chaovisith, to head the rehabilitation plan for TPI, which was facing a serious financial crisis.

As TPI was a private company, it was beyond the finance minister’s purview because of the scope to influence his ministerial work, the NACC argued.

The latest lawsuit against Thaksin is in addition to five other cases already in court since he was ousted by a military coup in 2006.

Meanwhile, the case against former PM Abhisit Vejjajiva and his deputy Suthep Thaugsuban over alleged corruption in the construction of police stations and apartments remains with the NACC.

The agency said the case had yet to be finalised and needed further investigation.

Prime Minister Prayut Chan-o-cha yesterday said he would personally review any poll-based activities, including election campaigns, on a case-by-case basis before deciding on whether to permit them.

“If the ban is lifted completely, can anyone guarantee that no problems will arise?” Prayut said. “They take to the streets and protest, can you accept that?”

Apparently responding to complaints that current legislation deprives individuals of their rights and increases the burden on the party, Prayut said he wanted them to reflect on the past, when there was no such restriction. He emphasised that the country needed rules and regulations.

Prayut also expressed concern over how politicians conducted election campaigns and said he did wanted to see harmony, not division.

When asked about rumours the government would host politicians, Prayut said that he would not invite them for talks. “If they want to talk then go for it. If not, I won’t bother them,” he said.

Prime Minister Prayut Chan-o-cha will spend about two hours clarifying the new budget proposal that projects a deficit of Bt450 billion.

The 2019 budget is about Bt100 billion more than the previous year, bringing total state spending under the National Council for Peace and Order-backed government to Bt13.8 trillion.

In the 2019 budget, the Education Ministry gets the biggest allocation of Bt489 billion, followed by a central budget of Bt468 billion, the Interior Ministry gets Bt373 billion, the Finance Ministry Bt242 billion, and the Defence Ministry Bt227 billion.

The 2019 allocation for the Defence Ministry is Bt5.2 billion more than in the previous year, bringing total spending by the Armed Forces to Bt949 billion since the coup.

The Defence Ministry’s budget includes spending on military equipment and payment of instalments for Chinese-made submarines.

In addition, the Defence Ministry has signed a letter of confirmation to buy a number of satellites from the US, worth more than Bt90 billion.

Surachai Liangboonlertchai, first vice president of the NLA, said about 20 NLA members have signed up for time slots to debate the proposed budget while Cabinet members are required to respond to questions from the floor.

The debate, which is expected to finish in one day, will likely cover the national reform agenda as well as the government’s much-heralded Eastern Economic Corridor (EEC) investment programme.

The EEC project, which covers parts of Rayong, Chon Buri, and Chachoengsao provinces, is expected to attract massive public-private investment of up to Bt1.7 trillion over the next several years.

The EEC’s transport and other infrastructure projects include those for high-speed rail links to Suvarnabhumi, Don Muang, and U-tapao airports, as well as expansion of the Laem Chabang and Mab Ta Put seaports, while the private sector is expected to invest in a new generation of industries and businesses, including e-commerce and logistics, aviation and other sectors.

However, the government does not have the financial resources for investment, as seen in the proposed budget. Fixed expenditure for the next fiscal year amounts to Bt2.26 trillion, up 3.4 per cent from the previous year, and accounts for 75.4 per cent of the total budget, while investment spending totals Bt660 billion, accounting for 22 per cent of the total budget.

The 2019 budget includes Bt78 billion for debt repayment and new borrowings to finance the budget deficit of Bt450 billion.

Of the total budget, Bt838 billion is earmarked for the rebalancing and public sector reform agenda; Bt328 billion for national security, Bt406 billion for international competitiveness, Bt560 billion for human resource development, Bt397 billion for poverty reduction, and Bt117 billion for water resources management and sustainability

Ruangkrai Leekitwattana, a lawyer who filed a petition to probe Don a year ago, urged PM Gen Prayut Chan-o-cha yesterday to suspend the minister from his post.

“If I decided to resign, I wouldn’t attend the Cabinet meeting today,” Don said.“I will be the one to define what I perceive as pressure or not. Right now, the answer is on my face,” he said, smiling and giving a thumbs-up.

“I  just do my work and my wife has cleared her inherited shares,” he said, adding that his wife held less than 5 per cent of the shares in the company and his son was not involved.

Don was referring to last week’s alleged report that his wife, Narirat, held shares in excess of the legal limit, prompting the Election Commission to agree that Don had breached the law.

According to the 2017 charter, ministers, their spouses and children must not benefit from a shareholding beyond the legal limit of 5 per cent of all shares in that company.

If they do, they must declare them to the National Anti-Corruption Commission within 30 days and convey them to other authorised people.

While Don declared his wife’s shareholding in real estate companies Panawong and Panawong Realty to the NACC, her shareholdings accounted for 12 and 17.5 per cent respectively in 2015.

Her stake was lowered to 4 per cent in both companies last October, months after Ruangkrai filed a petition against Don.

The excessive shares were transferred to their-then 34-year-old son.

However, Don says his wife’s shares were inherited 37 years ago and belonged to family companies, which were not part of the Stock Exchange.

Prayut also insisted that he would not sack Don nor shuffle the Cabinet.

Meanwhile, Ruangkrai yesterday filed a petition with Prayut to suspend Don without having to wait for the Constitutional Court’s verdict.

“I don’t buy his reasoning that the shares have never been touched. [Narirat’s] shares were also decreased just recently,” the lawyer said.

Thailand’s first election in five years is set to be held next February after all legal hurdles were finally cleared yesterday with the approval by the Constitutional Court of the political party law.

However, the pro-election movement is still not confident the election will take place as scheduled by Prime Minister Gen Prayut Chan-o-cha, although he insisted again yesterday that voting would take place in February.

Sirawith Seritiwat, a leader of the pro-election movement, said yesterday that the group remained steadfast in its demand that the election should be held this year.

The Court’s ruling made the group’s demands even more feasible and it would continue to protest until the junta responded to its demands, he said.

In the past two weeks, the Court also gave the green light to the MP and Senate election bills, making all the crucial election laws ready for royal endorsement and promulgation. According to the Constitution, an election can be held within 150 days after all these laws are effective.

Despite all the legal complications having been cleared, political scientist Titipol Phakdeewanich from Ubon Ratchathani University said he had doubts that the election would take place next February.

“After all, it is the National Council for Peace and Order [NCPO] who will make the decision, not the Constitutional Court’s verdict,” he said.

“Only when the junta itself announces the election date, can we be sure the election will take place.”

However, Titipol said that the NCPO should want an election as it was the only way to legitimise the military’s power in politics. But its decision to call one depends largely on whether or not it was certain that it could maintain its grip after the election, he said.

Titipol said there was a 70 to 90 per cent likelihood that the poll would be held. Considering the current circumstances – including the inauguration of the Action Coalition for Thailand Party, backed by former protest leader Suthep Thaugsuban – the academic said he believed the NCPO was ready for the election.

Secretary-general of the Election Commission Pol Colonel Jarungvith Phumma said that the agency was ready to organise the election.

It had already completed drafting all the regulations regarding the voting and would promulgated them as soon as the organic laws on the MP and Senate election came into effect, he said.

The two draft bills are in the process of being submitted for royal endorsement, which can take up 90 days.

Jarungvith said the EC will also consider asking the NCPO to lift the ban on political activities once the election-related laws were in place, to allow parties to prepare for the poll.

The Constitutional Court yesterday ruled that the organic law governing political parties, amended by Article 44, had no constitutional issues.

The controversial clauses did not increase the burden or excessively limit the rights and freedoms of individuals and were not considered discriminatory, the Court’s statement read.

The verdict was delivered two months after the Ombudsman sought a ruling over the constitutionality of the amendment. Following complaints lodged by two major parties, Pheu Thai and Democrats, the Ombudsman had agreed the junta order may have infringed on the rights of political parties.

The order amended at least two clauses in the new political party law where political parties had objected to a violation of their rights and an unnecessary burden.

One clause stated party members would lose their status unless they re-confirmed it with the affiliating parties, a process that involved red tape and inconvenience. Because of the amendment, all parties have lost a substantial amount of members.

The Democrat Party, for instance, saw just 97,000 members re-confirm their status while the number had been more than two million previously. The Pheu Thai Party got roughly 10,000 members in contrast to hundreds of thousands previously.

Another clause required parties to set up branches and find members in each province within 90 days of the ban on political activities being lifted.

The Constitutional Court did not elaborate yesterday on why the practice imposed by the junta order had no constitutional issue.

Thai Tourist Police reported on Thursday that Heng Ratanak, thought to be the owner of the Thai-language website ratstas.com, had uploaded allegedly false information that “is likely to damage the country’s security or cause panic among the people”.

The website allegedly reported on May 23 that the Thai prime minister told his citizens to “fill their [petrol] tanks with water instead of diesel” in response to complaints about rising fuel prices.

Under Thai computer crime law, an offender who fakes information can be liable to a jail term of up to five years and a fine of up to 100,000 baht ($3,125).

Ratanak could not be reached for comment yesterday, but his Facebook post on Saturday said he was safe and receiving support from Cambodian embassy officials in Thailand.

“I will fly home after giving information to Thai authorities on a case where someone had used my personal information to post fake news that affects the Prime Minister of Thailand,” he wrote.

Upon his arrival in Cambodia on Saturday afternoon, Ratanak told local media Fresh News that he had not been arrested, and that information claiming he was could ruin the relationship between Thailand and Cambodia.

However, the Bangkok Post said Ratanak was released on bail following a request from the Cambodian Embassy in Thailand.

This was disputed by Cambodian Military Police spokesman, Eng Hy, who said on Sunday that Ratanak was not arrested by Thai authorities but “went there voluntarily”.

Don claimed that contrary to the EC’s findings, the assets were actually reported to the National Anti-Corruption Commission (NACC) on at least four occasions in accordance with the law.

“These stockholdings are shares that his wife received from her father as an inheritance some 37 years ago,” said the Foreign Ministry.

“They are not concessionary shares but are shares held within the family and unlisted on the Stock Exchange of Thailand.”

The stockholders consist of 6-7 relatives of his wife and the shares have remained untouched ever since they were inherited, the Ministry added.

It also said Don had not yet been notified in writing of the EC’s ruling but would be prepared to explain everything to them once they formally approached him.

It was first reported last Thursday that the EC had voted that the stockholdings could breach constitutional requirements to ministers and thus force the 68-year-old out of office.

Initial reports said that Narirat’s stake in the company exceeded 5 per and this was also not declared, another potential breach of the Partner and Share Management of Ministers Act.

The 2017 constitution requires that disclosures be made by ministers of any stockholdings owned by them, theirs spouses or their non-adult children.

The EC has since yet to clarify the report, only saying that Don and other eight ministers are being confidentially investigated following a petition filed in May last year by Pheu Thai Party lawyer Ruangkrai Leekitwattana.

While he did declare Narirat’s stockholdings to the NACC a total of four times since he started serving the Cabinet in 2013, her amount of stocks did exceed the legal limit, said the EC.

According to the Isra News Agency, Narirat’s shares in Panawong Company Limited, as shown in Don’s second asset declaration in August 2015, showed that she held 7,200 shares, equivalent to a 12 per cent stake.

Her shareholdings in Panawong Realty Company Limited also covers 3,500 shares, accounting for 17.5 per cent of the total.

Isra News reported that Narirat lowered her stake to a legally-acceptable four per cent in both companies as of last October, months after Ruangkrai filed a petition against Don.

The excessive shares were transferred to their 35-year-old son, Puen Pramudwinai.

Meanwhile, PM Gen Prayut Chan-o-cha insisted that had no plans to shuffle either Don or the Cabinet in the near future.

“I won’t make any changes. If they can’t stay, they’ll have to quit,” Prayut said angrily.

Don also met Prayut at Government House yesterday but both refused to reveal details of their meeting.

Prayut said his government had addressed the country’s issues systematically and those efforts would take time before achievements resulting from reforms could be seen.

Over the past four years, reforms had been made to the country’s laws, public administration and other systems, he said.

“It is difficult to reform the entire system because it involves many people,” the PM said.

He also said Thailand needed to manage its water resources carefully and efficiently in order to prevent a future shortage of water.

“I am worried that climate change may lead to a water shortage and a war to fight for water. Thailand relies mainly on rainfall for our water supply. What will we do without rainfall?” he said.

Prayut called for cooperation between the government, authorities and citizens to deal with environmental issues, particularly those regarding encroachment of national forests and illegal logging.

He said Thailand, being an agricultural country, had been directly affected by climate change. He added that the country needed reform in the area of national resources and the environment.

The PM was speaking at Government House, where he presided over a seminar on the management of the country’s water resources. The event was attended by representatives from relevant state agencies, as well as governors from vasrious provinces.

“This seminar allows all sides to take part in the management of water throughout the country,” he told those present. “This is a preparation for dealing with water situations today and in the future, efficiently, for true integration.”

He said that as part of a national strategy, his government had taken measures to make sure there was a sufficient supply of water. Among those measures, he said, was ensuring that underground water was being used properly in many areas to ease the problems resulting from drought and flooding.

He also implied that, unlike its predecessors, his government was more open about official statistics regarding the country’s water resources.

“We are planning for growing rice covering 60 million rai (9.6 million hectares) throughout the country. All sectors will be allocated 88,700 million cubic metres of water. After the rainy season, the country will have about 60,000 million cubic metres of water left for the next dry season. That is 10,910 million cubic metres more than the previous year,” Prayut said.

“Have you ever known about this information? Did any [past] government tell it to you like this? No.”

The PM disputed a claim made by some critics that the government’s water resource management strategy, covering the period from 2015 until 2026 meant he planned to be in power for the next eight years.

“Are they crazy?” he asked, stressing that that such a strategy was needed for long-term planning, not just for covering the term of his government.

Also, the PM said, new water sources were required to meet the upcoming higher demand in the Eastern Economic Corridor (EEC) project area.

“Additional water sources are needed and we have five to 10 years to do so before a problem emerges. We need to start doing it from today,” he said.

VETERAN politician Suthep Thaugsuban, whose street protests against the Yingluck Shinawatra government paved the way for the 2014 coup, yesterday did a dramatic U-turn, breaking his famous vow to never return to politics.

The former deputy premier agreed to join the proposed Action Coalition of Thailand (ACT) Party, which has applied for registration with the Election Commission (EC).

Sobbing as he spoke, Suthep explained that he could not turn down the entreaties of the masses, referring to the supporters of his former People’s Democratic Reform Committee (PDRC), for him to join the party.

“I think of the thousands who were injured and hundreds who sacrificed their lives for the country,” Suthep said, after crying for nearly a minute. “I wish those people would get to see what we are doing today, when we vow to continue to work for their cause.”

“This is not Suthep’s party. I am not the backbone of this party but I will stand by people who share the same ideology. I won’t care for any criticism because I’m not going to contest the elections,” he continued. “I have volunteered to be a servant of the people.”

Suthep will head the party’s working group on campaigns to encourage public engagement with the party. He was accepted after a “unanimous” raising of hands during the party’s debut meeting yesterday at Rangsit University.

The party followed the same procedure to endorse the leaders of three other working groups. There was no counting of hands.

The 68-year-old Suthep had quit the Democrat Party and vowed to never return to politics during the PDRC’s protests in Bangkok in 2013-14 to oust the Yingluck government with a relentless campaign against “bad capitalists”.

The prolonged PDRC protests proved to be the catalyst for the 2014 coup, as the military expressed the need to restore stability.

Suthep is known to be a supporter of junta leader PM General Prayut Chan-o-cha. During the 2016 referendum campaign on the new Constitution, he even made weekly online appearances to back the junta-written charter draft as “the best reforming constitution”.

The ACT are yet to express their stance on whether they would support a role for Prayut or the military in future politics.

“We will have to ask our members in the future about that,” said ACT spokesperson Pol Lt-Colonel Jemdet Trimek. “We’re democratic. That answer will need to be based on consensus from our people.”

Under the junta’s order and the political party bill, new parties need to be registered by the EC before they can enrol additional members apart from the founders.

The ACT, via Suthep’s lawyer, merely requested registration as a party on May 25. They still need to hold their first meeting to select board executives and set up regulations before seeking full recognition as a party.

The ACT meeting yesterday, attended by hundreds of people, was also aimed at seeking founding members who are required to pay the seed capital of Bt50,000 each. They expect at least 500 founding members.

Speakers took turns to curtsy in front of the image of HM King Maha Vajiralongkorn before starting their speeches about how fortunate they felt to be a Thai under constitutional monarchy.

The relatively high enrolment fee was aimed at helping the party be self-sustainable, without having to rely on influential financiers, they said.

“We encourage good people to join this party, which will be fully owned by the people and not any bad capitalists,” said the party’s co-founder, Anek Laothamatas.

Once a noted political scholar, Anek was appointed by the junta to oversee the reform and reconciliation agenda before he resigned from those positions to join this party.

Anek’s son Katerut Laothamatas serves as one of ACT’s team of spokespeople along with his niece Chuthathat Laothamatas who has also joined the party.

Others who have joined the party are: Suthep’s son Tan Thuagsuban; the former chief of the Bank of Thailand, MR Chatumongol Sonakul; and former People’s Alliance for Democracy spokeperson Suriyasai Katasila.

The EC report, which said that Don was in breach of the law due to his wife Narirat’s failure to declare her stockholdings, came out on Thursday evening.

The EC has neither confirmed nor denied the report, instead citing the need for confidentiality while Don’s case remained under investigation.

Srisuwan Janya, secretary-general of the Thai Constitution Protection Association, yesterday issued a statement calling on Don to do the right thing and quit.

“It has happened to many ministers and politicians in the past and the public demanded that they resign to prevent a conflict of interest as well as to protect the image of Thai politics,” the statement said.

Srisuwan said Don should not wait for the Constitutional Court to issue a verdict disqualifying him before resigning.

“Don’s decision to step down will gain him praise from the public and create a role model for the young generation,” Srisuwan said.

Somsak Prisananantakul, a senior politician in the Chart Thai Pattana Party, said Don should suspend himself from office to pave the way for the government leader, Prime Minister Prayut Chan-o-cha, to be able to press on with national reforms.

“Many standards were set in the past. Don, who is a minister in a government that came into power through ‘unusual’ means, should act differently from ordinary ministers,” said Somsak.

In 2016, Somsak was found by the National Anti-Corruption Commission (NACC) to be unusually wealth and having intended to falsely declare his assets while he was serving as a member of the cabinet between November 1997 and February 2001.

The EC reportedly voted 3-2 to disqualify Don from holding his office based on the |undeclared assets. The EC will next petition the Constitutional Court for a final verdict on whether Don should be dismissed from his present job.

Members of the Prayut Cabinet appeared to support Don remaining until the court verdict.

The EC made the decision after finding that Don’s wife had failed to declare holdings of more than a 5-per-cent stake in a company within 30 days of Don joining the Cabinet.

Article 187 of the current charter prohibits ministers, their spouses and children under the legal age of 20 years old from benefiting from stock holdings beyond legal limits.

They must declare their stock holdings to the NACC and transfer them to legally authorised people to manage them without their involvement.

The current charter was promulgated in 2017, almost two years after Don was appointed foreign minister and three years after his initial appointment as the deputy foreign minister in the junta Cabinet.

The charter’s Article 264 requires that active Cabinet members must meet the legal requirements as laid out by the Constitution.