Prime Minister Srettha Thavisin will explain to the charter court in his closing submission that he was not coerced by former Prime Minister Thaksin to appoint Phichit Chuenban and that he had acted in good faith, without knowing that Phichit was disqualified from being appointed to a ministerial post.
The prime minister’s closing argument will be submitted to the court next week, in a case filed by a group of 40 former senators.
According to informed Pheu Thai party sources, the prime minister will also explain, in the submission, the screening process for proposed ministerial appointees, before Royal assent is sought, and the prime minister’s insistence that he did everything in accordance with the legal procedures and not on behalf of any vested interest.
In the case of Phichit, a lawyer for the Shinawatra family, the prime minister will argue that the cabinet secretariat did not specifically ask the Council of State to consider whether Phichit‘s qualifications met the legal requirements, as set out in Section 98 (6) and (7) of the charter but did not ignore the provisions in Section 98 (4) and (5) either.
The prime minister will tell the court that he did meet Thaksin three times during the cabinet reshuffle, but was not lobbied to appoint Phichit as a minister.
In the statement, the prime minister will explain that he has no legal or public administration background and, therefore, was unaware that Phichit was not qualified under Section 98 (4) and (5).
Meanwhile, former Senator Somchai Sawangkarn said the former senators will, in their closing submission to the charter court, attempt to convince the court that the prime minister was indeed fully aware that Phichit was not qualified and that he had not acted in good faith.
He insisted that the omission of Section 98 (4) and (5) from the cabinet secretariat’s letter to the Council of State was intentional and that the Council of State ruled that Phichit was qualified in accordance with Section 96 (6) and (7).
Somchai said the former senators might cite in their submission the old case in which Phichit was sentenced by the Supreme Court’s Criminal Division for Political Office Holders to six months in prison for contempt, over an attempt to bribe court officials with two million baht in cash, known as the “snack box” bribery case.
Phichit resigned before the charter court accepted the extant case for consideration.
The Constitutional Court is due to issue its decision in the case on August 14.
If found guilty, the prime minister may lose his job.
