The other officials to be summonsed include Deputy Governor Teerachon Manomaipiboon, city clerk Charoenrat Chootikarn and deputy city clerk Ninnart Chalitanond. Others include Bangkok Transit System Corporation (BTSC) representative Praphanpong Vejjajiva and Amorn Kitchawengkul, the legal representative who signed the contract on behalf of Keeri Kanchanapas, chief of the concession-holder Krungthep Thanakom Co.
The DSI says Sukhumbhand acted beyond his authority and collaborated in the selling of public utilities, namely the BTS Skytrain, without the authorisation of the interior minister as required by Revolutionary Decree 58.
Under the deal struck last May, Krungthep Thanakom, the investment arm of the Democrat-led Bangkok Metropolitan Administration (BMA), awarded BTSC a 13-year contract extension. BTSC still had 17 years left on its contract, and under the new deal the company would hold the rights to operate the Skytrain until 2042.
The BMA has threatened to file a counter-suit against the DSI, arguing that what the DSI is doing is unconstitutional.
Deputy Governor Teerachon said that the contract extension was legal and the BMA would wait for detailed charges from the DSI before commenting further.
“Everyone knows what the DSI is like,” Teerachon said, adding that the investigation was really part of a scheme by the government and the Pheu Thai Party to discredit Sukhumbhand and the Democrats before the Bangkok gubernatorial election.
He said that if the DSI stepped beyond its jurisdiction, a legal petition to the Criminal Court would be filed and not only DSI chief Tarit Pengdith would be held responsible but also Prime Minister Yingluck Shinawatra.
Tarit said he would hold a news conference tomorrow at 2pm and detail the summonses. All details about the charges have been prepared and investigators are set to question the 11 suspects on January 9.
The DSI chief stressed that all the officials named would have to present themselves in person on that date, although investigators will consider formal requests to have someone else represent them if they can prove that they are truly preoccupied with their duties.
It is expected that those charged in the Skytrain probe will be temporarily released after they hear the charges against them.
If found guilty, the governor faces a maximum sentence of a year in prison and a fine of no more than Bt20,000, Tarit said. However, the case will be focused as a civil case and not a criminal one, he added.
Also, the contract will be nullified if Sukhumbhand is found guilty. This, Tarit said, might cause some difficulties because it is unclear what has been done since the contract was signed.
BTS concession holder Krungthep Thanakom cannot file a counter-suit against the government because it was collaborator and beneficiary of the contract that has been deemed by the DSI as illegal, Tarit said.