PCD appeals against Klong Dan ruling

PCD appeals against Klong Dan ruling

The Pollution Control Department (PCD) has appealed to the Supreme Court to reverse a lower court's ruling which acquitted all 18 defendants in the high-profile Klong Dan land grab case, PCD lawyer Suprawat Jaisamut said.

The PCD filed the charges in late 2005 against 18 parties, including former politician Vatana Asavahame, for alleged corruption in land acquisition and breach of contracts with the department involving the Klong Dan wastewater treatment plant.

In 2009, Dusit District Court sentenced Vatana and other defendants to three years in jail after it found they illegally acquired a 1,900-rai land plot from locals in Samut Prakan province, while some other plots were mangrove forests where title deeds could not be issued.

Vatana is now believed to be hiding outside the country after the Supreme Court's Tribunal for Political Office Holders sentenced him in 2008 to 10 years' imprisonment after finding him guilty of corruption.

The Appeal Court on Nov 19 reversed the Dusit Court's ruling and acquitted all 18 defendants, reasoning that the land acquisition process was legal.

The PCD was given 30 days, or until Dec 19, to appeal against the ruling with the Supreme Court.

Mr Suprawat yesterday revealed the department submitted the appeal to the Supreme Court on Wednesday. The team of lawyers also presented new evidence to the court.

He believed the new evidence would give the department a better chance to win the case in the top court.

Mr Suprawat said after receiving the PCD's appeal, the court will notify all defendants and ask them to submit statements of defence within 15 days.

The PCD is also awaiting another ruling by the Supreme Administrative Court, which is hearing a case filed by the NVPSKG joint venture, the developer of the Klong Dan plant, against the PCD.

The joint venture demanded the department pay 9 billion baht in compensation to them for abruptly cancelling the construction contract.

The Central Administrative Court ruled in favour of the company, so, the PCD appealed against the ruling to the Supreme Administrative Court.

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