(BangkokPost.com)

The Constitution Court ruled unanimously on Monday that the Assets Scrutiny Committee had proper authority to investigate and charge members of the Thaksin Shinawatra government for corruption and malfeasance.

The effect of the 9-0 decision is that corruption and other charges against Mr Thaksin and associates can legally proceed in the special Supreme Court criminal division for holders of political positions.

Ironically, the decision came on the day the ASC legally ceased to exist.

But the Constitution Court judges ruled that the initial decree by the military junta and a later act by the military-appointed National Legislative Assembly setting up and extending the term of the ASC were constitutionally legal.

Order No 30 of the Council for Democratic Reform established the ASC to investigate possible corruption and other illegalities during the Thaksin years, immediately after the military overthrew Mr Thaksin's government on Sept 19, 2006.

It was to wrap up its work in a year, but ran into delays. A year later, the NLF passed an act to extend the term of the ASC to June 30, 2008.

Some members of the ASC will continue work on the Thaksin-era investigations as members of the National Counter Corruption Commission, which officially inherits the probes and legal cases on Tuesday.

"Whoever does wrong, no matter how big he is, has to face the legal consequences," said ASC member Klanarong Chantik at a wind-up seminar at Thammasat University on Monday.

The ASC has brought four cases to court, although none has got past initial hearings:

the 772-million-baht Ratchadaphisek land case, filed by the Office of the Attorney General (OAG),

the two- and three-digit lottery case, filed by the ASC,

the rubber sapling procurement cases, filed by the ASC, and,

the Export and Import Bank of Thailand’s loan to Burma, filed by the ASC.

Seven other cases are under consideration for prosecution by the Office of the Auditor General, and seven are awaiting decisions whether to proceed.

Two cases are still under investigation, and the ASC will officially transfer five cases to the NCCC for further consideration and decision of whether they even are to be investigated.

Many of the defendants in the third case above, revolving around the lottery, demanded the ruling on whether the ASC was even a legal body, and the Supreme Court suspended hearings while the Constitutional Court heard arguments.
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