A group of senators seeking the ouster of caretaker premier Yingluck Shinawatra and her cabinet over the Thawil Pliensri case is pinning its hopes on a cabinet resolution that approved the transfer.
Paiboon Nititawan, who leads the group, said Wednesday he will submit the cabinet resolution that approved Mr Thawil's transfer from the National Security Council (NSC) top job when he gives his testimony to the Constitutional Court.
Caretaker Prime Minister Yingluck Shinawatra has until next week to prepare her defence, but senators hope their testimony will get the Constitutional Court to oust the entire Pheu Thai caretaker cabinet.
The cabinet resolution in question was issued on Sept 6, 2011.
He said this piece of evidence is likely to lend more weight to the petition which asks the court to rule on the prime ministerial status of Ms Yingluck and that of the cabinet after the Supreme Administrative Court found her decision to transfer Mr Thawil in September 2011 was unlawful.
According to Mr Paiboon, Ms Yingluck chaired the cabinet meeting which approved Mr Thawil's transfer. This means the whole cabinet has ''collective" responsibility for the transfer, he said.
In their petition, the senators claim the transfer order violated sections 266 and 268 of the constitution which prohibits MPs from making any transfer of a government official for personal gain.
The senators believe Mr Thawil's transfer was to benefit Ms Yingluck’s relative, Pol Gen Priewpan Damapong, an elder brother of Khunying Potjaman na Pombejra, the ex-wife of ousted prime minister Thaksin Shinawatra.
Mr Thawil was replaced as NSC chief by Pol Gen Wichean Potephosree, the then national police chief. Pol Gen Priewpan succeeded Pol Gen Wichean as national police head.
Government supporters have been arguing the cabinet does not need to be held to account if the Constitutional Court rules against Ms Yingluck. But the government's critics believe if Ms Yingluck has to cease her duties as prime minister if the Constitutional Court rules against her, the cabinet and its caretaker role will end as well.
Mr Paiboon's remark came as the Constitutional Court yesterday agreed to give Ms Yingluck another 15 days, starting April 18, to prepare her defence in the Thawil case. The prime minister has until May 2 to submit her defence.
Mr Paiboon said the court's decision to extend the deadline was not unexpected and it should dispel claims Ms Yingluck and her cabinet are being treated unfairly.
While granting her 15 more days, the Constitutional Court yesterday rejected the prime minister's request asking the court to question three witnesses, former deputy prime minister Pol Gen Kowit Wattana, caretaker labour minister Chalerm Yubamrung and former deputy police chief Pol Gen Achirawit Suwanbhesaj. However, they are allowed to submit written statements to the court within May 2.
The Constitutional Court also ordered Ms Yingluck and three others, Mr Paiboon, Mr Thawil and Pol Gen Wichean, to testify on May 6.
Senator Somchai Sawaengkarn, one of those who co-signed the petition, said yesterday he is not concerned about the court hearing on May 6.
He said the evidence against the prime minister is strong and clear and there is virtually nothing the four witnesses could say to make things "turn out the other way".
Mr Somchai said the court's decision to extend the deadline will help prevent allegations of a rushed ruling.
Pichit Chuenban, a member of Ms Yingluck's legal team, welcomed the deadline extension, saying the defence is expected to be ready by the deadline.
However, he said he has yet to discuss with his team if Ms Yingluck is required to appear in court. The prime minister has not voiced any concerns about the hearing.
Today, Ms Yingluck is expected to discuss the looming political stalemate with military top brass at a Defence Council meeting, according to a source at the Defence Ministry.
The issue has been reportedly added to the agenda amid concerns over the uncertain future of her caretaker premier status after the Constitutional Court rules whether her order to transfer Mr Thawil was unconstitutional.
Senator Khamnoon Sitthisamarn wrote on his Facebook page that the charter court is likely to make a ruling before May 9.
His prediction is based on the court's decision to call only four witnesses to the stand.
He said the pro-government and anti-government supporters are likely to hold their rallies on May 6, the day of the witness hearings.
Tida Tawornseth, a leader of United Front for Democracy against Dictatorship, said the red shirts will hold small rallies in the provinces Sunday to May 1 as a rehearsal for a major protest.