Criminal charges should be brought against former prime minister Thaksin Shinawatra, members of his Cabinet, plus senior Finance and lottery officials for illegally introducing the two- and three-digit lotteries, Deputy Prime Minister and Finance Minister MR Pridiyathorn Devakula recommended yesterday.

Speaking at a press conference, Pridiyathorn said he had submitted recommendations to the National Counter Corruption Commission (NCCC) and Assets Examination Committee (AEC) that those involved in approving the lotteries had committed a criminal act and overstepped their jurisdictions.

Pridiyathorn said the Finance Ministry's move was based on a Council of State ruling on Nov 16 that the Thaksin Cabinet violated Article 157 of the Government Lottery Act of 1974 by introducing two- and three-digit lottery in 2003 simply via a Cabinet resolution.

This has prompted the Surayud government to suspend the two- and three-digit lotteries, pending full legislative support for such operations.

Pridiyathorn has come under pressure to bring criminal charges against Thaksin and those involved in the approval of the two- and three-digit lotteries without any legislative support.

The Thaksin government introduced the two- and three-digit lotteries through a Cabinet resolution in 2003, in a bid to undermine the hugely popular underground lottery and to raise additional revenue.

Tomorrow, the Surayud government is scheduled to create a proper legislative framework for the two- and three-digit lotteries by introducing an amendment to the Government Lottery Act 1974.

However, Prasong Soonsiri, one of the members of the National Legislative Assembly, warned that the Surayud government should not move too quickly to legalise the two- and three-digit lotteries because doing so would nullify the wrong-doings of Thaksin and his associates.

So far, the government has earned Bt28.6 billion - or about Bt350-Bt400 million per issue - from the two lotteries.

The scandal has become a test case for Thailand's rule of law because the Thaksin government deliberately by-passed the legislative process.

Pridiyathorn has now recommended the two anti-graft agencies take legal action against the three groups of people involved in approving the lotteries.

His "opponents" in Parliament, such as Lt Gen Chamlong Srimuang and Prasong, threatened to hold Pridiyathorn responsible for failing to cancel the two- and three-digit lotteries outright since they were ruled illegal.

Those involved in the scandal have been divided into three groups, which look set to face criminal charges.

The first group includes the former director general of the Government Lottery Office (GLO) Chaiwat Pasokpackdee and the GLO board that approved the lotteries in 2003.

The second group consists of former permanent secretary for finance Somchainuk Engtrakool, former deputy finance minister Varathep Ratanakorn and former finance minister Suchart Jaovisidha.

And the third group consists of former Prime Minster Thaksin Shinawatra and his cabinet members for approving the two- and three-digit lotteries in violation of the Government Lottery Act 1974.

Pridiyathorn said he had forwarded the matter to the AEC and the NCCC because these two agencies had broader jurisdiction than the Finance Ministry.

Earlier, the interim government was sharply criticised for failing to take immediate action against those responsible for introducing the two- and three-digit lotteries, after the Council of State's ruling.

After hearning the news yesterday, Suchart told The Nation, he was not directly responsible for the GLO actions.

"Varathep and Prime Minister Thaksin were directly in charge of the two- and three-digit lotteries. I only signed the ministry's proposal to the Cabinet," he said.

He said society had agreed with the cabinet's decision at the time because people wanted to get rid of the underground lottery and raise the money for educational scholarships.

As for Pridiyathorn's charge that the previous government failed to put proceeds from the lotteries into the Finance Ministry's coffers, Suchart said Varathep and the former prime minister should have all the details.

Varathep said that two- and three-digit lotteries were an idea of the GLO, which asked the Finance Ministry to put the proposal to the Cabinet. The GLO assured the process would be legal and not against the law, he said.

However, he said was ready to testify to the AEC and the NCCC.

Chaiwat, the former director general of the GLO, said he acted according to the opinion of the GLO board in introducing the two- and three-digit lotteries. At the time, people liked the idea, which was also supported by a public hearing, because it would help get rid of the underground lottery.

"I believed then that the two- and three-digit lotteries could be issued because it was like other charity lotteries issued by other government agencies for charity purposes," he said.

Wichit Chaitrong

The Nation