Former Phuket governor to face proposed criminal prosecution over hotel licence approval

Thailand’s National Anti-Corruption Commission has resolved to forward a case against former Phuket governor Chamroen Tipayapongtada to the Office of the Attorney General for criminal prosecution over his approval of a hotel licence for a Phuket development that investigators said lacked required environmental documentation.

The ruling, announced on Thursday, concerns Hotel Business Licence No. 144/2559, issued on Oct. 27, 2016, for a project developed by Thewa Estate Co., Ltd under the name U Zenmaya Hotel, now operating as Zenmaya Oceanfront Phuket.

According to the NACC, the case began with a licence application submitted on July 3, 2014. Investigators said the project was located in an environmentally protected coastal zone covered by Phuket environmental protection regulations introduced in 2010. Under those rules, a development of that scale was required to comply with environmental impact assessment requirements before a hotel licence could legally be issued.

The commission said the company submitted documents related to changes in the building’s use but did not provide the required EIA documentation. Although officials repeatedly requested additional documents, investigators found that the developer supplied only reports on changes in intended use rather than a proper environmental impact assessment.

Despite that, the licence was signed by Mr. Chamroen on Sept. 27, 2016, shortly before he was transferred to become governor of Nakhon Si Thammarat, the NACC said. The commission said he had instructed subordinates to expedite pending matters requiring his approval before leaving Phuket, and that the hotel application was presented to him together with a memorandum stating that an EIA report was required.

The NACC said Mr. Chamroen approved the licence despite being informed of that requirement, allowing the hotel business to begin operating. It concluded that he cooperated with Thewa Estate Co., Ltd in issuing the licence without complying with the Hotel Act and related Interior Ministry regulations, and that the approval unlawfully benefited the company.

The commission said it found grounds to pursue a malfeasance in office case under Section 157 of Thailand’s Criminal Code, as well as offences under anti-corruption law. The full file will be sent to the attorney general for consideration, while a separate report will go to disciplinary authorities.

The NACC announcement did not explain what benefit, if any, Mr. Chamroen allegedly received personally from approving the licence. Any criminal case would require review by the Office of the Attorney General before proceeding to court. Mr. Chamroen remains presumed innocent unless and until found guilty by a final court judgment.

The decision comes less than four months after another major NACC ruling involving Mr. Chamroen. In March, the commission said it had found he held 321.67 million baht in assets disproportionate to his lawful income while serving as governor in several provinces, including Phuket. The NACC said it would ask the attorney general to seek confiscation of those assets in separate proceedings.

Mr. Chamroen served as Phuket’s 46th governor from October 2015 until the end of September 2016. He later served as governor of Nakhon Si Thammarat, Phang Nga and Satun before resigning from government service in 2023.