Constitutional Court accepts case against two ministers over Senate election probe, with a criminal investigation underway. Ministers face 15 days to submit their defence, while allegations of collusion and money laundering intensify. Could lead to political fallout.
Two top ministers in Prime Minister Paetongtarn Shinawatra’s cabinet were given 15 days on Wednesday to submit their defence by the Constitutional Court, proceeding under Sections 171 and 82 of the constitution. In short, they are accused of forfeiting their roles as ministers due to a criminal case approved on February 27th by the Department of Special Investigation (DSI). The case is examining collusion and money laundering linked to the 2024 Senate election.
In a blow to the government after its Censure Debate victory, the Constitutional Court on Wednesday decided to accept a case against two senior ministers. The complaint was filed by Senate President Mongkol Surasajja. It came under Section 170(3) of the 2017 Constitution.
The complaint is particularly against Minister of Defence and Deputy Prime Minister Phumtham Wechayachai and Minister of Justice Thawee Sodsong.
Senate allegations intensify as 7,000 people ordered to submit bank records in criminal investigation
In it, the Senate President holds that a decision by a Special Committee at the Department of Special Investigation (DSI) to investigate the Senate election of 2024 was an act that violated the Constitution.
Certainly, the case, which was delivered to the Senate President by 92 Senators led by Senator Somchai Saengkaew, suggested it was a violation of ethical standards. The decision by the high-powered committee came at the end of February.
Previously, it has been revealed that the Department of Special Investigation (DSI) has been probing the June 2024 Senate election since September 2024.
On Thursday, February 27th, the committee agreed to investigate money laundering that may be linked to the poll. In addition, it was later pointed out that if wrongdoing was found, this could be extended into other activities. For instance, the existence of a secret society and other offences.
Justice minister defends probe as Election Commission and DSI form panel to review new Senate election data
Significantly, Minister of Justice Thawee Sodsong claims that it was the Election Commission that asked the Department of Special Investigation (DSI) to become involved in the matter.
Indeed, the Department of Special Investigation (DSI) and the Election Commission last weekend agreed to form a panel to look into the election. At length, this followed new evidence sent by the DSI to the election oversight body.
Nonetheless, on Wednesday, the complaint filed by the Senate at the Constitutional Court alleges the criminal probe interferes with and usurps the authority of the Election Commission.
At length, the Constitutional Court ruled unanimously to accept the petition. In turn, it ordered both ministers to submit their defence within 15 days. This was in accordance with Section 54 of the Constitutional Court Procedure Act 2018.
Constitutional Court orders ministers to submit defence but refuses to suspend them pending investigation
Sections 82 and 170 of the 2017 Constitution allow such cases from within the House of Representatives or the Senate. The provision provides for the court to be able to suspend the ministers concerned if they adjudge there is sufficient evidence.
However, on Wednesday, the court declined unanimously not to suspend the two senior ministers.
The ministers are accused of ceasing to hold office under Sections 160(4) and (5). In essence, their character or suitability for office is being questioned over this affair.
Nevertheless, the government will take scant comfort from this, as a similar concession was made to Prime Minister Srettha Thavisin in 2024 when the court accepted a complaint against him. He was later removed.
DSI investigation into Senate election gains momentum as top ministers face increasing legal challenges
At the same time, it has previously been reported that the Department of Special Investigation (DSI) case is based on firm evidence and indeed that considerable progress is being made.
Therefore, it is difficult to see this case succeeding in removing the minister. Of course, that is a matter entirely for the Constitutional Court.
Undoubtedly, this development underlines the high stakes linked to the criminal probe by the special police agency. The Department of Special Investigation (DSI) is attached to the Ministry of Justice. At length, it deals with cases that represent a threat to national security, among other matters.
Senate allegations growing in strength as powerful investigation gets underway. 7,000 people tracked
Justice Minister confident there is a sound basis for the criminal probe into last year’s Senate election
DSI panel to decide on a criminal probe into the 2024 Senate election which could spark political crisis
Senators are up in arms about the Department of Special Investigation (DSI) probe into the 2024 election
In essence, the investigation suggests that 138 senators were elected by a group acting in concert. For instance, DSI investigators have ordered 7,000 people to submit bank records from May to July 2024.
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Further reading:
Senate allegations growing in strength as powerful investigation gets underway. 7,000 people tracked
Senators are up in arms about Department of Special Investigation (DSI) probe into the 2024 election
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