October 1, 2009
The Nation

Noppadon Pattama was optimistic yesterday he would be cleared of criminal and impeachment charges relating to the wrongful signing of the Cambodian-Thai joint communique on Preah Vihear temple last year.

"So many past indictments by the National Anti-Corruption Commission (NACC) have been dismissed by the courts," he said.

The NACC ruled on Tuesday to prosecute him and former prime minister Samak Sundaravej on suspicion of a lapse of duty, under Article 157 of the Criminal Code. They were accused of pushing through the controversial joint communique which was subsequently rejected and voided by the Constitution Court as well as the Central Administrative Court.

Noppadon - who was foreign minister at the time - insisted the NACC was prejudiced by relying heavily on evidence supplied by his opponents and those in the anti-Thaksin camp.

The joint communique was not a treaty, as claimed by opponents. It was a first document in which Cambodia duly recognised the existence of the disputed area surrounding the temple, he said, denying the allegation about sanctioning the Cambodian claim to the Thai territory.

He said he was prepared to fight the legal battle in the Supreme Court and the impeachment proceedings in the Senate.

Noppadon said ex-premier Thaksin Shinawatra gave him the moral support to clear his name. Samak, who is in hospital for cancer treatment, also gave him encouragement through an aide, he added.

Deputy Prime Minister Suthep Thaugsuban said the government would allow justice to run its course without interfering in the matter.

In his message posted on Twitter, Thaksin said the NACC had gone overboard in trying to fault Noppadon.

As part of the indictments, the NACC cited evidence from the National Security Council on the intentions of Noppadon and Samak relating to the joint communique. Based on the evidence, it concluded the two wanted to help Cambodian Prime Minister Hun Sen boost his popularity ahead of the polls.

The NACC expressed shock and dismay the two were willing to risk Thai territorial integrity for the political gain of a foreign leader.

Reacting to the evidence obtained by the NACC, NSC secretary general Thawil Pliensri said he remained sceptical Samak had actually instructed Noppadon to help Hun Sen.

"The story is beyond belief and I never heard Samak tell Noppadon to act in such manner," Thawil said, insisting he was at the NSC meeting on the temple issue.

He admitted, however, there was no taped record of what transpired between Samak and Noppadon.

Thawil's predecessor Lt General Surapol Phuenaiyaka was the key witness in the NACC inquiry.

Pheu Thai MP Jatuporn Prompan said the NACC had been unfair in indicting Noppadon and Samak.

The two were not responsible for losing the Thai territory to Cambodia but Prime Minister Abhisit Vejjajiva and his fellow Democrats were, Jatuporn claimed.

He insisted the two had tried to safeguard the Thai borders while Abhisit neglected to defend the disputed area in spite of a road constructed by Cambodia 250 metres inside Thai soil.

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