The state auditor has implicated the Bangkok governor and eight others in alleged irregularities in the Bangkok Metropolitan Administration's (BMA) 39-million-baht New Year light show.
At a news briefing Tuesday, Auditor-General Pisit Leelavachiropas revealed the findings of a probe into the BMA's "Bangkok Light of Happiness" show at Lan Khon Muang, the square in front of City Hall's offices on Din So Road, between Dec 30 last year and Jan 30.
Organised by the BMA under embattled governor MR Sukhumbhand Paribatra, the project cost about 39.5 million baht and included five million LED lights and crystal light fixtures in a New Year's show which many critics regarded as extravagant and a waste of money.
Mr Pisit said the State Audit Commission (SAC) has found evidence of price collusion in the contract bidding. Other alleged irregularities have also been detected in budget spending on the project. For example, the BMA had diverted an emergency budget -- the wrong type of budget -- to fund the display, Mr Pisit said.
The commission also found that the companies which won the contract to carry out the project had no experience installing light decorations.
These companies were registered almost at the same time as the BMA announced plans to use decorative lights to promote tourism.
Two of the companies were found to belong to the same network and they sought registration so they could be allowed to ask for information on the project's median price, Mr Pisit said.
He said the two companies were unqualified but they sought registration to meet the terms of reference (ToR) announced by the BMA.
Mr Pisit said the probe also found that the ToR did not pay attention to the qualifications of bidders, settling for any registered companies.
The probe also found that the winning bidders had light decorations ready for the show even before the outcome of the bidding was announced, which only fuelled suspicions of irregularities.
Based on the findings, the SAC has unanimously resolved to recommend legal action against nine people. They are MR Sukhumbhand; Thawatchai Chan-ngam, chief of the tourism division under the BMA's Culture, Sport and Tourism Department; Pranee Sattayaprakop, the department's director; Yossak Khongmark, director of the BMA's Budget Department; and five members of the committee responsible for setting the ToR.
Mr Pisit said the SAC will forward its findings and recommendations to the National Anti-Corruption Commission (NACC) for it to pursue further legal action.
The matter will also be sent to City Hall clerk Peerapong Saicheua to launch a disciplinary investigation against the BMA officials.
If found to have committed wrongdoing, the maximum penalty is dismissal, Mr Pisit said.
The SAC will also ask the NACC to consider legal action under the bidding collusion law against the private companies involved in the alleged irregularities, Mr Pisit said.
If the nine people are found guilty under the bidding collusion law, they will face a five-year jail term and a fine of up to 400,000 baht, he said.
Mr Pisit added that if the NACC concluded there are grounds to the allegations against the BMA governor, MR Sukhumbhand is required to halt work.
The SAC determined that the lights used in the show cost 29 million baht, and a probe must be launched to find out how this price differed from that initially set in the ToR, the auditor-general said.
He said the SAC had summoned the Bangkok governor twice to testify, but only his deputies showed up testify on his behalf.
MR Sukhumbhand shrugged off the SAC's probe results, saying "Only words can make people guilty?"
The governor said the BMA had cooperated with the OAG in its investigation, and added he will provide agencies concerned and the public with an explanation in writing about the light show.
Wasant Meewong, the governor's personal spokesman, said MR Sukhumbhand was not worried about the probe results. Mr Wasant said the findings are not yet finalised and there are still further legal proceedings involved.
Meanwhile, Prime Minister Prayut Chan-o-cha said he was unhappy that the BMA was not doing enough to support the government's efforts to regulate cycle lanes in the Chatuchak area.
The cycle lanes are now occupied by vendors and used by people to park their vehicles, Gen Prayut complained.