In early 2017, a high-profile corruption scandal involving the procurement of aircraft engines by Thai Airways International Plc (THAI) made headlines. It came to light after UK authorities revealed that British engineering giant Rolls-Royce admitted bribing agents of the Thai state and employees of THAI.
The National Anti-Corruption Commission (NACC) had pledged to seek further details from the UK's Serious Fraud Office (SFO) and wrap up the case as soon as possible. At the time, Watcharapol Prasarnrajkit, chairman of the NACC, said the agency expected the case to be concluded by the end of 2017.
Five years have passed, and the NACC hasn't fulfilled its promise. What's worse is that owing to investigatory delays the statute of limitations on some charges has expired.
The scandal involves kickbacks totalling 1.28 billion baht -- allegedly paid to help the British firm secure deals with the carrier over a period of eight years, from 1991 to 2005.
In 2020, the NACC revealed a list of 26 people to be probed for possible links to the Rolls-Royce bribery scandal and covering actions that took place more than two decades ago. Among people on the list, two are former ministers and the rest former THAI directors and executives.
In August last year, NACC commissioner Supa Piyajitti said the NACC had completed its inquiry process but some executives were asked to provide more testimony. The agency has yet to wrap up the case.
Isra News Agency reported last week that investigation delays have resulted in the statute of limitations expiring on one possible charge.
The charge concerns dereliction of duty of state enterprise officials under Section 11 of the 1959 law on offences committed by state organisation officials. The time limitation under this section is 15 years.
The only charge remaining within the limitation period regards malfeasance in public procurement under Section 8 of the law.
Plainly, delay is a problem in the justice system.
In the high-profile hit-and-run charge against Red Bull scion Vorayuth "Boss" Yoovidhya, several charges expired due to delays in the prosecution process. Currently, two charges remain active, one of them for narcotics as cocaine was found in his system following a drug test; that charge will expire Sep 3. The charge for reckless driving causing death will expire in 2027.
Given the NACC's sluggish performance in 20 years of investigating the Rolls-Royce kickback scandal, a satisfactory resolution to the Red Bull case looks unlikely any time soon.
But fighting corruption can't wait. In the latest Corruption Perceptions Index (CPI) published by Transparency International earlier this year, Thailand fell six places in 2021, from 104th to 110th. This continues a general trend seen in recent years.
In 2014, the year Gen Prayut Chan-o-cha led a coup to overthrow the Yingluck Shinawatra government, the country was ranked 85th, an improvement from 102nd in 2013. Its ranking rose to 76th in 2015 but plunged to 101st place the following year. It recovered to 96th in 2017 but slipped to 99th in 2018 and 101st place in 2019. The country's rank fell three places to 104th in 2020.
The NACC and this government must speed up their investigative and prosecutorial efforts pertaining not only to the THAI kickback scandal and other high-profile cases but indeed to all corruption matters.
The NACC must bear in mind the adage that justice delayed is justice denied.
