Sittichai Promchat, an official formerly with the Phuket Provincial Land Office, and several associates including other officials, are under scrutiny for unlawfully issuing land title deeds on Koh Raet, off the coast of Pa Khlok, the NACC announced through a statement.
The NACC’s investigation found that several land plots, totaling more than 67 rai, were issued with land title deeds despite the claims being supported by a lack actual use. Moreover, discrepancies were noted between reported land usage and photographic evidence proving the land was not occupied and being used as claimed, the statement explained.
The investigation uncovered that during the period of 1967 to 1976, prior to a 1978 survey, the land in question remained largely unused, consisting of forest, secondary rainforest, natural fields, and cleared areas. Consequently, the issuance of land title deeds (NorSor 3 Gor) before the enactment of the Land Code was deemed illegal.
The NACC investigating committee unanimously passed a resolution identifying eight government officials accused of criminal offenses under the Criminal Code as: Sittichai Promchart, Udom Chaiyasalee, Phaisan Bunlom, Thongchai Suwanpahu, Charassathi ‘Chu’ Phak Na Nakhon, Pairat Phongaroon, Wiroj Chanthongpoon and Damrongsak Leesakul.
In response to the findings, the NACC unanimously passed a resolution calling for the eight officials to face prosecution under relevant sections of the Criminal Code and under the ‘Act Supplementing the Constitution Relating to the Prevention and Suppression of Corruption, B.E. 2561 (2018)’, simply better known as the ‘Anti-Corruption Act’.
The NACC further advised the Lands Department to revoke the unlawfully issued land rights documents, specifically the land documents: No. 34111 (9-1-22.9 rai); No. 34112 (11-1-40.8 rai); No. 34149 (11-1-70.6 rai); No. 35264 (15- 0-26.7 rai); and No. 37440 (21-2-99 rai).
While eight officials were found to have engaged in corrupt practices, accusations against some individuals were deemed unsubstantiated following preliminary investigations, leading to calls for the dropping of charges against them, the NACC said in its statement.
The NACC said the eight officials stood accused of violating Sections 151, 157 and 83 of the Criminal Code.
Section 151, ‘Wrongful Exercise of the Purchase or Management of State Property’ incurs a fine of B2000 to B40,000 or from five to 20 years, or even life, in jail, or any combination of the penalty.
Section 157 of the Criminal Code stipulates: “Whoever, being an official, wrongfully exercises or does not exercise any of his functions to the injury of any person, or dishonestly exercises or omits to exercise any of his functions, shall be punished with imprisonment of one to 10 years or a fine of B2,000 to B20,000, or both.”
Section 83 of the Criminal Code notes: “In case of any offence is accrued by commission of the person as from two persons upwards, such accomplices deemed to be principals shall be punished as provided by the law for such offence.”
PRIVATE ISLAND
In addition to corrupt officials facing prosecution, the NACC also named a slew of non-government persons, real and juristic, to be charged for their roles in the illegal land grab.
Specifically named as implicated in the scam were: TGR Estate Co Ltd, TGR Property Co Ltd, TGR Beach Co Ltd, Miss Thidarat Tangjitcharoen, Miss Raila ‘Busaba’ Tinkoyao, Miss Kornsithorn Premkulnon ‘Premwara’ Na Nakhon and Mr Thanadej ‘Dilokpol’ Sundaravej.
“These entities are accused of supporting government officials, with charges based on Sections 151 and 157 of the Criminal Code, coupled with Section 86,” the NACC said.
The TGR group of companies, and specifically ‘Dilokpol’ Sundaravej, were specifically synonymous with the ‘Barama Bay’ and ‘Jumeirah Phuket Private Island Resort’ to be built on Koh Raet, a small island located halfway between Ao Por Pier and Naka Yai Island, all located off the coast of Pa Khlok.
“Set over 56,000 square metres of private land, Jumeirah Phuket Private Island Resort will be an exclusive and luxurious island resort offering, spectacular views of the limestone karsts of Phang Nga Bay to the north, views of the beaches of Ao Po Bay to the west and kilometers of white sandy beaches with views of both Naka Yai and Naka Noi.” said the release promoting the mega-project in 2006.
Named as Partner and Managing Director for TGR Group – Asia, Mr Dilokpol Sundaravej, commented in the release, “It is with great pleasure that we appoint Jumeirah Group and we feel this partnership will provide our clients with a unique and exclusive luxury experience unparalleled by any other in the region.”
The TGR Group led the design, construction, and authority permit submission of the Jumeirah Private Island Development on Koh Raet.
TGR Property Co Ltd, launched with a registered capital of B10 million in December 2005, is still listed as operating from offices on Chao Fa Rd.
TGR Estate Co Ltd, formed in February 2006 also with a registered capital of B10mn, is listed as still operating from offices near the airport in Mai Khao.
TGR Beach Co Ltd, formed in May 2006 yet again with B10mn in registered capital, is also listed as still operating from the same address as TGR Estate Co Ltd near the airport.
Mr Dilokpol currently lists on his LinkedIn page that he is ’VP of Construction’ at a major property development firm based in Bangkok.
The NACC gave no explanation as to why it has taken so long to complete its investigation into the corrupt officials and the illegal issuance of land titles for the project.
A probe by the Justice Ministry in 2015 discovered the same - but despite promises to take legal action against those deemed to be responsible for the illegal issuance of the land titles, none was taken
However, the announcement did coincide with a three-day NACC public promotion event held at the Royal Phuket City Hotel on May 1-3, led by Suwat Saowaran, Director of the NACC Phuket Office.
Niwatchai Kasemmongkol, Secretary-General of the NACC, was present for the occasion. While in Phuket, Niwatchai later led officials and media on an inspection tour of Yamu Beach and Ley Phang Beach to highlight the issue of encroachment onto public land at Phuket beaches.