The conversation in question, concerning border tensions between Thailand and Cambodia, has not only called into question Ms Paetongtarn’s ability to lead the government but also sparked ethical questions, reports the Bangkok Post.
On July 1, the Constitutional Court voted unanimously to accept a petition filed by a group of senators and, by a 7-2 majority, ordered Ms Paetongtarn’s suspension from her duties as it began reviewing the leaked audio clip of the private conversation with Hun Sen.
In the recording, the premier made critical remarks about the commander of the Second Army Region and appeared overly conciliatory towards the Cambodian strongman, allegedly implying a willingness to yield to his demands.
Earlier, the NACC had unanimously agreed to launch a preliminary investigation into the matter, setting a 10-day deadline for officials to verify the facts. The panel was tasked with transcribing the leaked conversation, providing accurate foreign-language translations, interviewing relevant witnesses and reviewing applicable legal precedents.
The precedents include the Constitutional Court’s ruling in the case of former prime minister Srettha Thavisin, who was removed over his appointment of Pichit Chuenban as minister attached to the Prime Minister’s Office. Pichit was convicted of contempt of court for attempting to bribe Supreme Court officials in 2008 while representing former prime minister Thaksin Shinawatra in a controversial land case. The law forbids the appointment of cabinet ministers with a criminal background.
NACC chairman Suchart Trakulkasemsuk and commissioner Prapas Kong-ied will serve as members of the new inquiry panel, according to a report by Isra News Agency.
The formation of the inquiry panel marks the beginning of a formal legal process under NACC procedures, while several steps remain before any formal charges can be brought, said the report.
If sufficient evidence is found, allegations will be formally presented, and the accused will be given the opportunity to respond. Only then will the case file be concluded and submitted to the NACC board for a final decision.
On June 20, Senate Speaker Mongkol Surasajja formally signed a letter to the chairman of the NACC, forwarding a complaint submitted by the group of senators against Ms Paetongtarn. The complaint accuses her of a serious violation of ethical standards and possibly of committing a deliberate breach of the constitution or the law.
On the same day, Mr Mongkol also filed a petition with the Constitutional Court, requesting a ruling under Section 170, Paragraph 3 in conjunction with Section 86 of the constitution. The petition seeks to determine whether Ms Paetongtarn’s premiership should be terminated under Section 170, Paragraph 1 (4), in connection with Sections 160 (4) and (5), due to her alleged misconduct.
This development stemmed from a motion filed by Gen Sawat Tatsana, senator and chairman of the Senate’s military affairs committee, who earlier gathered signatures from fellow senators calling for the prime minister’s removal.
They accused her of lacking ability and credibility after she confirmed the veracity of the leaked audio clip.
According to Constitutional Court President Nakharin Mektrairat, Ms Paetongtarn can seek a deadline extension to submit her defence in her ongoing ethics case.
He confirmed that an extension can be granted, noting that at least one extension is standard practice.