Deal may have broken law: DSI
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Piyanuch Thamnukasetchai Thanatpong Kongsai The Nation
There are grounds to believe Bangkok officials may have violated four laws in awarding a Bt190-billion contract to the current operator of the Skytrain system, according to Department of Special Investigation (DSI) chief Tharit Pengdit.
If the Bangkok Metropolitan Administration (BMA) is found guilty, the private company that benefited from the deal may also be prosecuted for supporting officials’ wrongdoing.
“I will ask the DSI board to bring this case under the DSI jurisdiction,” Tharit said yesterday, adding that he planned to raise the issue at a meeting on June 27.
An official probe would start once the DSI board gives its approval, he said. Bangkok Governor MR Sukhumbhand Paribatra and those involved in preparing the controversial contract would be asked to provide explanations, he said.
Under the Bt190-billion deal, Bangkok Mass Transit System Plc (BTSC) will provide operations and maintenance services for three new Skytrain extensions – in which the BMA itself invested – over the next three decades. Their combined length is 12.75 kilometres.
Under parts of the contract, BTSC will also provide operations and maintenance for the original Skytrain network (23.5km) for 13 years after its 30-year concession to this network expires in 2030.
The Pheu Thai Party has attacked the contract, especially the part that would allow the BTSC to operate and maintain the original Skytrain network from 2031 to 2044, which looks like a contract extension rather than a concession for BTSC.
Tharit said the BMA might have violated the Revolutionary Party’s Announcement No 58, plus Article 157 of the Criminal Procedure Code, the Public-Private Partnerships Act, and the law on bidding for government projects by awarding the contract to BTSC via its investment arm, Krungthep Thanakhom.
The announcement by the Revolutionary Party stated that the power to extend a contract for the BTSC lies with the interior minister, not the BMA.
Under the Article 157 of the Criminal Procedure Code, abuse of authority or negligence on the part of officials is a legal offence. And according to the Public-Private Partnerships Act, a decision to award the contract to BTSC should have required Cabinet scrutiny and approval. But the BMA awarded the contract via Krungthep Thanakhom as if it tried to bypass the Cabinet.
The BMA, moreover, is accused of violating the law on bidding for government projects because other companies are deprived of a chance to bid against BTSC in what should be counted as a state project.
Tharit yesterday disclosed his opinion on the allegation against the BMA after Pheu Thai Party spokesman Prompong Nopparit asked about the case.
Earlier this month, Prompong called on the DSI to look into alleged irregularities in awarding of the Bt190-billion contract to BTSC.
“The money that will go to BTSC comes from the state budget,” Prompong said yesterday. He also urged Sukhumbhand to give a clear explanation to the public.
Sukhumbhand has already responded and said the deal was awarded for the benefit of people in Bangkok. He said the 30-year contract would ensure security and continuity of the Skytrain system.
“The amount of money we have to pay to BTSC for maintenance and operating services is definitely lower than the cost incurred by the Mass Rapid Transit System for the Purple Line,” Sukhumbhand said.
