Tarit gets 2 years for 'corrupt' transfer

 

FORMER HEAD of the Department of Special Investigation (DSI), Tarit Pengdith, was given a two-year jail term yesterday for unfairly demoting a subordinate in 2012. But the Criminal Court acquitted then deputy permanent secretary for Justice, Charnchao Chaiyanukij, due to lack of evidence.

Tarit was later granted bail without condition for Bt200,000. He left without making any comment.

Col Piyawat Kingkate accused Tarit and Charnchao of malfeasance as per article 157 of the Criminal Code for an April 20, 2012 order to transfer Piyawat from being chief of the DSI’s Bureau of Intellectual Property Crime to a lower position of a case-specific specialist. 

The Criminal Court rejected this lawsuit in March 2013, but the Court of Appeals sent the case back to it in January 2014, saying it must be heard.

The court yesterday considered that Piyawat had filed a complaint to the Merit Systems Protection Board under the Civil Service Commission, which ruled that the transfer order was unlawful, unreasonable and of no benefit to the civil service. The permanent secretary for Justice cancelled the order in October 2012 and had him reinstated. 

Piyawat resigned from the civil service the same month and filed the lawsuit, claiming the transfer might stem from conflicts with Tarit over various cases including a lottery pyramid scheme, when Piyawat was head investigator.

However, Tarit reportedly argued that Piyawat had violated the code of conduct and was facing a disciplinary probe, while Charnchao had signed his approval as acting permanent secretary.

The court yesterday said that the timing of the transfer was related to the seizure of assets from suspects in the lottery pyramid scheme and cancellation of the seizure order. So, it was convinced that the transfer might stem from work conflicts and found Tarit guilty of malfeasance and sentenced him to two years’ jail without suspension.

After, Piyawat, 61, thanked the court for according him justice and said that the case could serve as an warning for all supervisors to be more careful and consider fairness for their subordinates when issuing transfer orders. 

Piyawat’s lawyer Songkran Atchariyasap said he believed that Tarit would appeal the verdict and |he, on behalf of his client, |would appeal the sentence because malfeasance was a serious offence and punishable by up to 10 years behind bars. Songkran said he would also appeal the ruling in regard to Charnchao. 

Meanwhile, a Supreme Court ruling on his client’s civil action would come out on September 10, he said. Piyawat sued Tarit and Charnchao for Bt10 million in compensation plus interest over the transfer order, but it was dismissed by both lower courts.