Bangkok: "Big Jok's lawyer" has submitted a request to the Prime Minister to send the matter to the Council of State for clarification on who has authority over the gold bribery case.
According to Thai News Agency, Mr. Sanyaphat Samart, a lawyer representing Pol. Gen. Surachet Hakpal, former Deputy National Police Chief, submitted a letter to the Prime Minister regarding the investigation into the gold bribery case. He requested the Prime Minister to seek a legal opinion from the Council of State, stemming from the National Anti-Corruption Commission (NACC) returning the case file to the police, citing it as outside their jurisdiction and suggesting they submit it through the Speaker of Parliament. Meanwhile, the police are attempting to find excuses by contacting the Attorney General's Office and the Lawyers Council of Thailand for their opinions, trying to find a legal authority to provide a ruling. He questioned whether this approach was not permissible, given that the Council of State had previously opined against it. Therefore, he requested the Prime Minister to act as a mediator and forward the Council of State's opinion to clarify the situation.
Mr. Sanyapat confirmed that this is not a political matter or a delaying tactic, but a legal issue. The Constitution clearly states this, and there are two relevant Acts: the Act on Prevention and Suppression of Corruption B.E. 2561 (2018) and the Act on Criminal Procedure for Holders of Political Positions B.E. 2560 (2017). Therefore, in this case, the law specifies a specific channel for prosecution; no one can interpret it otherwise. The investigating team had no authority from the beginning.
Mr. Sanyapat said that if the Council of State interprets the law as having merit, then it must follow the Supreme Court's channel to allow a legitimate, impartial body to consider the matter, rather than letting those who have acted improperly review it. He affirmed that attempts to interpret the case through other channels and separate the files are contrary to the Constitution and constitute an abuse of power beyond the Constitution.
Mr. Sanyapat said that he came today to ask the Prime Minister to act as a mediator in submitting an opinion to the Council of State, in order to set a precedent for society. He will also submit the matter to the National Police Chief to take the necessary steps as he intends to do. He emphasized that he wants the law to be followed, not arbitrary decisions. A wrongdoer is wrong; they can never be made right.