Col Dusadee will be remembered by some readers of The Phuket News as the leader of a team from the Public Sector Anti-Corruption Commission (PACC) who launched investigations into a variety of illegal land-grabs in Phuket at the end of 2012.
His investigations came to an end when he was abruptly transferred to a job combatting narcotics trading.
The areas alleged to be encroached include the site of the failed Barama Bay/Jumeira mega-villa project, which was abandoned several years ago amid fierce infighting between the partners.
Col Dusadee pointed out that the whole island (apart from the Barama Bay area) is still covered by old-growth forest, making it plainly illegal to own it. Yet chanote titles had already been issued covering almost the entire island.
“The Ministry of Justice has received many complaints from local people about land encroachment,” said Col Dusadee.
“The 161 rai of Raet Island was covered with big trees more than 50 years old but the reports by officers who issued the land papers say that the land was completely developed.
“The officers involved in the case will be punished. After the case ends and all pieces of land are seized, the Royal Forestry Office will have to plan what to do about managing the land.”
The 161 rai land initially had no Sor Kor 1 papers but the officials allegedly involved – who were named as Suwanna Leepirujira, Chanchai Apirak, Chot Prakobboon, Wichian Booranawasin, Samran Lekkam and Sutan Pakpian – together issued some six Nor Sor 3 Kor papers.
“After the Nor Sor 3 Kor papers were issued, a Land Department officer, Damrongsak Leesakul, made a report that the land was already plantation and the whole plot was developed – which is in conflict with the truth,” Col Dusadee said.
According to a Justice Ministry briefing paper, chanotes were issued soon after that. People who may have been responsible for the issue of the chanotes include Mr Damrongsak from the Land Office and Pairat Pong-Arun from TGR Estate Co Ltd and TGR Property Co Ltd [the developers of Barama Bay].
After leaving the Ao Po area, the team visited the La Colline property development in the hills above Layan Beach, also alleged to be illegal.
La Colline was a target of the Sirinart Park encroachment investigation launched by Damrong Pidech, the then-Director of the Department of Natural Resources, Wildlife and Plant Preservation (DNP), nearly three years ago.
“No EIA [Environmental Impact Assessment] was done,” Col Dusadee alleged, “and this housing project is around 120 meters above [mean] sea level, which is illegal in Phuket.
“The Justice Ministry sent officers to survey the land but the surveyors cannot work alone; many teams from a variety of government sectors must be involved to help complete the work.”
He listed the departments that must work together: from the Justice Ministry these include the Department of Special Investigation (DSI) and the Anti-Money Laundering Office (AMLO), working together with the PACC, the Royal Forestry Department, the DNP, and the Agricultural Land Reform Office, which deals with SorPorKor land. All will be invited to work as a team on encroachment cases.
“Sirinart Marine National Park Land encroached land cases have become DSI cases as special cases. The ‘owners’ who got their land papers illegally and did business on the land will be investigated by AMLO for money laundering as well.
“All units have to cooperate to empower the work while avoiding conflict between each other in each process.
“There are two cases that are going to be special cases. One of these is the case of former high-ranking official in Phuket who illegally owns many big plots of land in Kathu District.
“Today we are looking at only four of more than 20 complaints about land encroachment filed with the Justice Ministry, so there will be another visit soon.”
He added that Phuket is quite different from other provinces because most of the “owners” of suspect land have land papers, whereas in other provinces people simply annex state land without bothering to get papers.
After visiting La Colline, Col Dusadee and his team went to Kamala Beach where a group of beach vendors awaited them, carrying signs asking, “Who actually encroached on the beach?”
“The local vendors complained to the ministry because they feel they were unfairly treated [by being made jobless],” Col Dusadee explained.
“They also wonder whether local authorities are using double standards because the building we can see here [Kamala Beach Resort] also has a problem, in that it is probably built on common land, yet the land under it has a chanote title.”
“According to an aerial photograph taken in 1995, the land was completely clear – which conflicts with a report by land officials Chupak Na Nakorn and Boonchu Limraksasin, which states that the land was developed for housing. The paper was signed by Nikorn Tohiranyapruk, Kathu Palad, in 1996.”
He said an investigation will be launched into the legality of the land paper. He noted that complaints about the hotel had been sent to the ministry as long as 20 years ago.
“It will take time to investigate the case but we have to make justice available to everyone equally. I will have a talk with the local officials as well, to see what we can do for the beach vendors,” he added.
Col Dusadee also sent a team to visit Surin beach to look at the famed beach clubs there, to check whether any structures are less than 20 metres from the high tide line, which would make them illegal.
The signatures of the Deputy Director of Cherng Talay OrBorTor, as well as many local officials, are on the construction permits.