Sunday, August 21, 2011

Media slams probe into NBTC

Court will rule today on selection problems

Activists and media associations have slammed the Department of Special Investigation's probe into alleged irregularities involving the selection of National Broadcasting and Telecommunications Commission candidates.
Their opposition was voiced at a seminar organised yesterday by the Thai Journalists Association (TJA), the Thai Broadcast Journalists Association (TBJA) and the Isra Institute of the Thai Press Development Foundation.
Phairoj Pholphet, chairman of the NGO Coordinating Committee, said the DSI has no authority to investigate the issue because those who filed complaints with the DSI are not stakeholders in the selection process.
Section 15 of the law governing the NBTC stipulates that only the damaged parties in the case can file complaints with the Administrative Court, Mr Phairoj said.
Previously, Tharit Pengdit, the DSI chief, said he would seek Prime Minister Yingluck Shinawatra's approval for the candidate selection to be treated as a special case, which would allow the DSI to investigate.
Mr Tharit said his department was looking into the complaints and would report results to the Senate, which has to vet and select the NBTC members, in one to two weeks.
The complaints include allegations that some selection panel members and candidates they chose could pose possible conflicts of interest.
Some NBTC candidates were accused of being involved in drafting a law governing radio frequency allocation.
Mr Phairoj said the case involves the exercise of administrative powers, which have nothing to do with the executive branch. The authority to investigate the case rests with the Administrative Court and the DSI should not try to overstep the mark, he said.
"There is suspicion as to why the DSI has been so eager to take this up as a special case," Mr Phairoj said.
"This can be deemed as a bid by the executive branch to interfere in the judicial powers, despite the fact that it is not a stakeholder."
The Administrative Court will also rule today on whether the process to shortlist candidates contained problems.
On Friday, the court heard a petition by Suranan Wongwitthayakamchon, who failed to make candidate shortlist.
Mr Suranan came fifth in the economic expert category of candidates. However, Atthachai Burakamkowit, who was fourth on the shortlist, was disqualified because he held a position on the MCOT Plc's board, constituting a conflict of interest.
But instead of replacing Mr Attachai with Mr Suranan, as the next-highest placed applicant, the panel called for a new round of shortlist voting which saw Mr Suranan beaten into fourth place by another candidate, Yuth Chaiprawit.
Gen Chuchart Suksanguan, deputy chairman of the senate committee scrutinising profiles and qualifications of the shortlisted 44 NBTC finalists, yesterday confirmed that the committee continue with its work regardless of five complaints pending deliberation by the Administrative Court. The Senate is expected to pick 11 members of the NBTC from 44 finalists on Sept 5.
The deadline for the Senate to select the 11 NBTC members is Sept 11.
If the Senate fails to meet the deadline, the authority to choose NBTC members will shift to the cabinet.
He said the procedures to select the NBTC members will go ahead unless the Administrative Court makes a ruling on selection procedures.
Gen Chuchart said the DSI's role is only to gather evidence of alleged irregularities and its recommendations on the issue would be inconclusive.
Senator Somchai Sawaengkan, spokesman of the senate committee checking the qualifications of the finalists, said the committee had resolved not to accept for consideration the DSI's findings into the complaints.
Mr Somchai said the DSI's findings were irrelevant to the committee's job.
Somkiat Tangkitvanich, vice president of the Thailand Development Research Institute, told the seminar that many entrepreneurs and businesses in the telecom, radio and television sectors expect to benefit from the NBTC, so they had wanted it set up successfully.
"I don't think anyone will dare to derail the selection process," Mr Somkiat said. "Nothing can stop it now. I believe that the Senate should select the NBTC members in September."
Media associations yesterday issued a joint statement urging the Senate to push ahead with the selection process.
The TJA, TBJA, the National Press Council of Thailand and the News Broadcasting Council of Thailand said efforts have been made to disrupt the selection of the NBTC and to intimidate media organisations.

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