
However, NACC member Klanarong Chantik said the indictment would have no effect on Yongyuth’s current position as the crime was committed while he was a deputy permanent-secretary and acting permanent secretary of interior.
Klanarong conceded the NACC had ruled on the case on Tuesday but did not hold a press conference as Vicha Mahakhun, the NACC member in charge of the case, was leaving on a trip abroad yesterday.
The NACC must make a resolution to forward the case to the attorney-general before a criminal case can proceed.
Yongyuth’s part in the scandal of the Alpine Golf Club’s land took place in 2002 when he approved the sale and ownership of the land to Alpine – although the land was monastic land and could not be sold or transferred.
NACC member Vichai Vivitsevi said the NACC was expected to send the case to the state attorney for criminal proceeding within a few weeks. However, he was not sure that Yongyuth’s disciplinary penalties for the breach of malfeasance law could be imposed retroactively.
Yongyuth, who joined Prime Minister Yingluck Shinawatra during her flood inspection trip, was in a serious mood yesterday morning. He refused to answer the media’s questions, saying he had not acknowledged the NACC’s decision officially.
Democrat MP Suthep Thaugsuban said the Democrats might take the case as part of a censure debate in the upcoming parliamentary session.
The plots of land at issue in Pathum Thani – 927 rai in total – were donated by Nuam Chamnanchartsakda to Thammikaram Temple in her will in 1969.
In 1990, Nuam’s heritage managers were forced out and replaced by the Mahamakut Buddhist University Foundation. The land was sold to Alpine Real Estate and Alpine Golf and Sports Club.
The companies, owned by family and friends of veteran politician Snoh Thienthong who was deputy interior minister in charge of the Land Department at that time, developed the real estate and golf course. The assets were later sold to former premier Thaksin Shinawatra with the help of former Thai Rak Thai executive Pongsak Ruktapongpisal.
However, after legal fighting among stakeholders, the Council of State in 2001 announced the land was actually monastic land and could not be sold or transferred. The legal transfer had to be revoked.
The asset holders in Alpine then appealed to Yongyuth.
Snoh’s case was dismissed by the court in 2010 under the statute of limitations.