Phuket anti-corruption chief slams dropped appeal in graft case
MaAnn was sentenced to two years for unlawful appointments and power abuse
Phuket’s top anti-corruption official has sharply criticised the Office of the Attorney General (OAG) for declining to appeal the overturned conviction of MaAnn Samran, a former local official convicted of corruption but later acquitted on appeal.
MaAnn, once the powerful Chief of the Cherng Talay Tambon Administration Organisation (OrBorTor) overseeing Phuket’s prized beach areas, including Bang Tao, was sentenced in May 2023 to two years in prison for unlawfully appointing subdistrict officials and abusing his power.
The case dates back to 2019 when the National Anti-Corruption Commission (NACC) found MaAnn guilty of criminal misconduct, citing violations of multiple sections of the Criminal Code and the Anti-Corruption Act.
Despite a solid initial conviction, the Court of Appeal overturned MaAnn’s sentence on October 31 last year, dismissing the case. The decision came after MaAnn filed an appeal that succeeded in clearing him of wrongdoing.
The OAG, which holds exclusive authority to pursue criminal appeals, chose not to challenge the acquittal, a move that has angered the NACC. On April 29 this year, the NACC board formally opposed the OAG’s refusal to appeal but acknowledged its limited power to intervene without the Attorney General’s consent.
Suwat Saowarat, Chief of the Phuket NACC office, expressed frustration with the decision.
“MaAnn should be punished according to the law,” he told The Phuket News. “Clear evidence of misconduct had been presented but was ultimately dismissed by the court.”
Suwat confirmed ongoing discussions with the OAG aimed at persuading the Public Prosecutor’s Office to reopen the case and seek justice.
Adding to MaAnn’s legal troubles, on September 6, 2023, the NACC accused him and three other officials of forging documents to illegally approve construction for the New Nordic Phuket Water World project in Bang Tao.
Although the development company was cleared of wrongdoing, the permit was declared void, and any illegal structures were subject to demolition, reported The Phuket News.
MaAnn’s initial conviction was under Section 123/1 of the Criminal Code, carrying a prison term of up to 10 years and a fine for abuse of power causing harm.
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