The attorney-general has decided not to appeal the acquittal of former commerce minister Kittiratt Na-Ranong in a malfeasance case linked to the sale of rice to Indonesia in 2011, according to an informed source.
The Supreme Court’s Criminal Division for Persons Holding Political Positions acquitted Mr Kittiratt in July in the case that was investigated by the National Anti-Corruption Commission (NACC).
Attorney-General Phairach Pornsomboonsiri signed an order not to appeal the court’s decision last week, according to the source, who asked not to be named.
Mr Kittiratt was indicted in the case in 2021 after the NACC found grounds for the allegation made against him.
The indictment said Mr Kittiratt was aware that the exporter Siam Indica was favoured by the Public Warehouse Organisation (PWO) to supply rice to Bulog, the Indonesian food procurement agency. The contract signed in August 2011 called for Bulog to buy 300,000 tonnes of milled rice priced at $559 per tonne from Thailand.
However, he failed to respond to a petition calling on him to ensure that the sale was conducted lawfully, the indictment alleged.
In its ruling, the Supreme Court said Mr Kittiratt did not neglect his duty because the information regarding the rice sale and handover was handled by his deputy, Phum Sarapol.
According to the original NACC investigation, Siam Indica and another firm, Nakhon Sawan Kha Kao, submitted bids in December 2011. An employee of Siam Indica submitted the documents for both companies.
Nakhon Sawan Kha Kao did not meet the criteria, leaving Siam Indica as the only contender.
Siam Indica was later contracted to supply 100,000 tonnes of rice at $559 per tonne, although a clause was inserted into the contract allowing it to supply a further 200,000 tonnes, for which no bid was held.
The NACC said the alleged malpractice sidestepped a fair tender offer, which constituted an abuse of position for illegal and vested gain, causing damage to the PWO.
It said Mr Kittiratt knew that Siam Indica had been chosen to supply the additional quantity of rice without a bid being called.
Under the law, if the attorney-general decides not to appeal the ruling, he is required to inform the NACC of the decision.
The NACC reportedly wants the attorney-general to appeal. It is not known whether the anti-graft body has any further plans.
Mr Kittiratt served in the Yingluck Shinawatra government and has long been close to senior Pheu Thai Party figures. He has been in the headlines lately in connection with the selection of a new chairman for the Bank of Thailand board.
The government has proposed Mr Kittiratt for the position, but critics see a risk of political interference. The selection committee has postponed its decision twice already, and is due to meet again on Nov 11.