NACC member Vichai Vivitsevi said the agency unanimously agreed on the delay as more documents had been received from US prosecutors and justice agencies that needed to be translated. These included receipts and evidence of the procurement. They will be brought for consideration next time.
The NACC will decide next week and this is expected to take only two hours then, he said.
Vichai said the NACC found new information in the now-defunct Assets Examination Committee’s inquiry report that it had never looked into. That was evidence that persuaded it to believe seven or more high-ranking government officials were involved with the CTX sales representatives. It has yet to be probed whether more officials from Suvarnabhumi Airport or politicians were involved.
The CTX-9000 bomb scanners were purchased by the Thaksin Shinawatra government while Yongyuth Tiyapairat was transport minister.
The case was transferred to the NACC after the term of the AEC, which was established by the 2006 coup-makers, ended in 2008.
“The important evidence was already in the old reports. There was very little evidence that came later and was sent in an irrelevant manner,” Vichai said. “But the new-found evidence was not highlighted by the AEC, because it came up after the agency’s term had ended. So the NACC has to investigate this itself.
“However, we cannot say anything at the moment, as we need clear evidence before accusing anyone. According to our new regulations, we have to specify the name of a person and his or her behaviour before we put the charge.”
Asked whether the further investigation would only look into government officials and if politicians had been cut out of the probe, Vichai said politicians would not just get away. However, NACC members had different ways of judging such matters and needed to consider the evidence.
If the NACC has clear evidence, it could submit the case to court directly, Vichai said, adding that the commission would not be vulnerable to outside influence.
Only seven of the NACC’s nine members joined the meeting yesterday, as Medhi Krongkaew has retired, having turned 70 this month. Klanarong Chantik withdrew from the meeting, as he was also a member of the AEC.
Vichai and Medhi, who led the NACC panel investigating the case, told the media previously that the anti-graft agency would consider the case independently. The decision by American prosecutors not to submit the case against InVision, the manufacturer, to a US court would not have any impact as Thailand and the United States use different laws.
The Office of the Attorney-General decided to drop the case, saying the CTX matter lacked grounds, even though the AEC cited evidence to show that InVision was fined US$500,000 (Bt15.7 million) by the US Justice Ministry for possible improper payments related to foreign sales.
InVision conceded to US prosecutors that it had bribed officials in three countries including Thailand. However, no evidence of bribery in Thailand was found during the US investigation.
In 2005, the US Department of Justice and Securities and Exchange Commission investigated “foreign corrupt practices” by InVision with the alleged involvement of Thai officials.
US authorities reported at the time that Thai officials or politicians might have received more than $10 million in bribes after purchasing the US-made bomb-detectors for the new airport.