MaAnn is well known in Phuket as the previously longstanding Chief of the Cherng Talay Tambon Administration Organisation (OrBorTor), which oversees the beach areas in Cherng Talay, including Bang Tao.
The case dates back to Mar 6, 2019, when MaAnn, while serving as Chief of the Cherng Talay OrBorTor, unlawfully appointed subdistrict officials to executive positions.
After an investigation, the NACC concluded that his actions constituted criminal misconduct.
The NACC filed the case in October 2021, citing violations of Section 157 of the Criminal Code and Section 123/1 of the Organic Act on Anti-Corruption B.E. 2542 (1999), along with Section 172 of the updated Act B.E. 2561 (2018).
On May 11, 2023, the Criminal Court for Corruption and Misconduct Cases Region 8 found MaAnn guilty, and sentenced him to two years in jail.
The court ruled that although his wrongdoing was a single act, it breached multiple anti-corruption laws.
On Sept 6, 2023, the NACC formally accused MaAnn and three other officials; Kreethayut Phiboon, Rongrit Chaihanam and Atthawit Kumchaphon of forging official documents to illegally approve construction for the New Nordic Phuket Water World project in Bang Tao.
The group allegedly altered a building permit originally issued on May 16, 2017, for a temporary office and used the forged version to allow construction of large condo buildings without legal approval.
The NACC noted that MaAnn violated several laws in the process, including Sections 157, 161, 264, 265, and 266(1) of the Criminal Code, as well as multiple provisions under the Anti-Corruption Act and the Tambon Council and Tambon Administrative Organization Act B.E. 2537 (1994).
While New Nordic Development Co Ltd was cleared of any wrongdoing, the building permit used for the project was declared void and all illegally built structures subject to demolition.
MaAnn was sentenced to two years in prison without suspension, under Section 123/1.
The section states that any official who dishonestly abuses power or neglects duties to cause harm is subject to imprisonment between one and 10 years, a fine of up to B200,000, or both.
“I’m not certain whether MaAnn actually served a full year in prison beginning in May 2023, as I only assumed the role of Chief of the Phuket NACC last year. However, I do know that he filed an appeal and successfully had his conviction overturned in October 2024,” NACC Phuket Suwat said.
The Court of Appeal overturned the conviction and dismissed the case on Oct 31, 2024.
The Office of the Attorney General (OAG), which has sole authority to pursue criminal appeals, chose not to challenge the verdict, a move that has drawn criticism from the NACC.
This year on Apr 29, the NACC board voted to oppose the OAG’s refusal to appeal.
However, the commission acknowledged that it was legally unable to act without the OAG’s permission.
NACC Phuket Chief Mr Suwat openly criticised the OAG’s refusal to appeal the overturned conviction.
“MaAnn should be punished according to the law,” Mr Suwat told The Phuket News.
“Clear evidence of misconduct had been presented but ultimately dismissed by the court,” he said.
The NACC will continue “discussions” with the OAG in the hopes of convincing the Public Prosecutor’s Office to appeal the MaAnn’s acquittal and bring justice to the case.