Use reason and law, Nikom tells NLA

Former Parliament vice president Nikom Wairatpanich yesterday defended himself against impeachment charges, telling the National Legislative Assembly that his management of the 2007 charter amendment was not unconstitutional and there was no hidden agenda nor personal benefits from changing the charter.

The NLA heard the opening statement in the impeachment cases against former Parliament president Somsak Kiatsuranon and his deputy Nikom. They have been charged with violating the 2007 Constitution by trying to push through an amendment to change the make-up of the Senate. The case was filed by the National Anti-Corruption Commission (NACC). 

Nikom told the NLA that the amendment was not against the charter but abided by the authority given to the president and vice president of Parliament. He also pointed out that the case against him was brought under the 2007 charter that is no longer used.

He said his case was rather seen as the personal prejudice of some agencies and politicians who disliked him and wanted to impeach him personally.

The NACC’s earlier allegation that the amendment was for his personal gain was not true. There was no secret intention to benefit personally by amending the composition of the Senate, he said.

“Another accusation against me was that I did not allow MPs who opposed the amendment to debate it. That is not true because they reserved their rights on a different topic. They wanted to debate on selected senators while we were focusing on elected senators,” he said.

If any member faced a similar case that is unjust, they would understand how he feels, he said.

The NLA should consider the impeachment case with reason and abide by the legality to not impeach him, because this impeachment would leave a negative imprint on Thailand’s history, he said.

Nikom’s statement came after NACC member Wicha Mahakhun’s opening statement.

“Nikom and Somsak’s actions were against the 2007 charter’s Article 3, which stipulated that the actions of Parliament, the cabinet, courts and government agencies must abide by the rule of law”, said Wicha, who represented the NACC.

Although the 2007 charter was already defunct, the NACC had agreed that according to the Anti-Corruption Act, the impeachment process could go ahead, he said.

“This violation of the charter by Somsak and Nikom is against the rule of law and can be considered as highly lacking in integrity and it is the important reason for this impeachment,” he said.

The accused did not give MPs a chance to discuss their opinions on amending charter articles, even though many of the MPs had reserved their right to speak out on the issue, he said.

“Amending charter articles is a very important matter, which needs to be informed to all the MPs. And opportunities must be given to them to argue whether it is lawful and acceptable or not.

“The former Parliament president and his deputy failed to do so by neglecting more than a hundred members of the Parliament’s opposition,” he said.

In Somsak’s case, he was also found guilty under Articles 270 and 291 of the Constitution of 2007 along with several articles in the anti-corruption law.

“Somsak and Nikom’s cases are very important for the country in scrutinising corrupt actions, which is not only about accepting bribes or about misconduct but also any action that is against morals and integrity,” he said.

Somsak did not come to defend himself, or even give authority to his counsel to represent him.

The NLA later told its members to submit their questions on the case to an inquiry panel by Monday. It set the date for the inquiry session against the accused and the accuser on Thursday.

Before the opening statement, Pol General Chatchawal Suksomjit recommended to the NLA to hold a closed-door trial, as the impeachment scrutinising process would affect social stability, he said.

The NLA later turned down the closed-door opening statement motion by a 107-70 vote.