Bangkok: Lawyers representing "Big Jok," the nickname for Pol. Gen. Surachate Hakparn, have submitted a petition to the Senate President, arguing that the investigation process into allegations of bribery was flawed from the outset. The petition requests the Supreme Court to appoint an independent investigative committee to ensure a fair and impartial review of the case.

According to Thai News Agency, Mr. Sanyaphat Samart, the lawyer for Pol. Gen. Surachate, submitted the petition on behalf of his client, questioning the legal authority exercised by the Anti-Corruption Division and the National Anti-Corruption Commission (NACC) during the investigation. The case involves allegations of bribery, specifically concerning gold, which fall under Article 236 of the Thai Constitution and other relevant legal provisions.

A significant aspect of the petition is the claim that the investigation was improperly initiated, which Mr. Sanyapat likened to "buttoning the first button incorrectly." He argued that this misstep rendered the entire investigation process illegal, potentially leading to evidence being inadmissible in court.

The petition highlights that the case involves NACC commissioners and other individuals not as separate entities but as principals, instigators, or accomplices. This requires a special legal mechanism to be enacted through Parliament before forwarding the matter to the Supreme Court for an independent review, as the NACC cannot investigate its own members.

Mr. Sanyaphat emphasized the necessity of following the law as stipulated in Chapter 4, Sections 49-56, which requires collective prosecution of all accused individuals through a single process. He argued that the Royal Thai Police's initial handling of the case without legal authority constituted a violation of the Constitution.

In response to concerns about potential delays, Mr. Sanyapat clarified that the request was not to restart the case but to ensure adherence to the law. He also confirmed that Pol. Gen. Surachate remains in the country and is in regular contact, refuting rumors of his departure.

The lawyer reiterated that the petition aims to uphold the integrity of the justice system by ensuring the case proceeds through the appropriate legal channels. He stated that his client is prepared to cooperate fully with the legal process if conducted correctly.

This filing marks a significant development in a case involving allegations against an independent constitutional body, underscoring the importance of strict adherence to legal procedures to maintain justice and credibility.