Court Dismisses Graft Case Against Former Songkhla Governor
The appeals court dismissed corruption charges against former Songkhla Provincial Administrative Organization chairman Nipont Bunyamani, ruling his refusal to approve over 50 million baht in vehicle payments was a legitimate administrative
On August 18, 2569, the Central Criminal Court for Corruption and Misconduct read the appeals court ruling in the case brought by the National Anti-Corruption Commission against Nipont Bunyamani, former chairman of the Songkhla Provincial Administrative Organization, for violation of the Criminal Code Section 157. The case centered on his refusal to approve payment of over 50 million baht to the contractor for two multipurpose maintenance vehicles. The appeals court overturned the lower court's conviction and dismissed the charges, finding insufficient evidence that Nipont acted with intent to harm the contractor through improper or negligent performance of duties.
The appeals court determined that Nipont's order for additional inspection and testing of both vehicles was a legitimate administrative action taken as chairman of the local government organization. The court noted that as administrative head, Nipont held authority to oversee and direct operations for the benefit of public service. Given that the vehicle purchase exceeded 50 million baht but had only one acceptance certificate, reasonable grounds existed to verify accuracy and specifications before proceeding. The court found that ordering testing was not an arbitrary cancellation of inspection results but a proper directive by the local government head to ensure the vehicles functioned as intended.
The court also noted that before issuing the testing order, Nipont had called in relevant officials to provide information and clarify facts, demonstrating no intent to prejudice the contractor but rather to investigate factual matters before making administrative decisions. The court examined the sequence of events and found that the contractor did not contest the testing order when issued on December 18, 2556, and later notified that testing would occur on January 7, 2557, so any delays could not be attributed to Nipont's obstruction.
A witness from the Comptroller General's Department testified that the chairman could order vehicle testing if deemed beneficial to the government, and that during investigation of procurement complaints, regular payment disbursement cannot proceed if doubts exist about procurement impropriety. The appeals court also noted that no formal payment voucher was submitted to Nipont according to ministerial regulations, only an informal notification from the supplies unit about the inspection and testing, but no formal request from the responsible agency for his approval of payment.
