In the case of Hopewell, the Supreme Administrative Court has recently rejected the request from the Ministry of Transport and the State Railway of Thailand (SRT) to have the lower administrative court reconsider the case. This is expected to result in the two organizations having to pay damages to Hopewell for a total of 24.9 billion baht, marking a historic record for the highest amount ever.

The Ministry of Transport and the SRT filed a request for the court to reconsider the Hopewell case, arguing that there were errors in the facts presented and new evidence that could change the outcome. However, yesterday (July 22, 2020), the Supreme Administrative Court upheld the lower court's decision to reject the Ministry of Transport and SRT's request for reconsideration.

The court stated that the claims were related to disputes over the exercise of discretion in the case, not errors in the facts as heard by the court. While it is true that Hopewell is a foreign company registered improperly, the relevant agencies allowed the minister to sign the contract, so they cannot claim ignorance. Furthermore, the Ministry of Transport never raised this issue in either arbitration or in the administrative court, thus it cannot be considered new evidence.

This ruling is expected to compel the Ministry of Transport and the SRT to comply with the arbitration ruling from 2008, which requires them to pay damages to Hopewell (Thailand) Co., Ltd., along with interest up to the present, totaling 24.9 billion baht. This represents another instance of paying for incompetence, and it sets a historic record for the highest amount. This is a consequence of the interests of those in power who terminated the contract for the elevated railway and road transport project in Bangkok.

 

Following the court's ruling, Minister of Transport Saksayam Chidchob stated that he would wait for the official court order before having the legal team assess the next steps. Meanwhile, SRT Governor Niruth Manikhan mentioned that the Ministry of Transport has a legal working group that has already strategized for this case. Therefore, they need time for this group to consider how to proceed, taking into account the content of the Supreme Administrative Court's order.

This case has been closely monitored for irregularities by almost every government, including the current administration, which has faced criticism for its lack of seriousness in fighting the case. All of this is reflected in the court's opinion, which pointed out that the draft contract should have been reviewed by the Attorney General's Office at that time before signing, but the Ministry of Transport and the SRT failed to verify this fact and never raised it in disputes before the arbitration panel or in the administrative court. Thus, it is a failure on the part of the Ministry of Transport and the SRT.

We believe that this enormous payment for incompetence is not just a matter of negligence or foolishness, but there must be accountability, especially from the state officials and politicians involved. It is also the duty of anti-corruption agencies and all Thai citizens, who bear the burden of this incompetence as citizens. In addition to collectively opposing corrupt officials, we must also be vigilant about irregularities, especially during elections, and think carefully before casting our votes.

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