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Bangkok Post
Bangkok Post
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'Chuvit Garden' plans face scrutiny

A TV screen capture shows Chuvit Garden, located in a prime area on Sukhumvit Soi 10.

Many Bangkokians not living in the Sukhumvit area may not realise that there used to be a small park, named Chuvit Garden, at the entrance of Soi Sukhumvit 10.

Before it became a park, opened by former politician and massage parlour owner Chuvit Kamolvisit on Christmas Eve in 2005, the site was the hub of more than 60 beer bars, a favourite joint of male tourists who popped in for a late-night beer and chit chat with bar girls.

But the bars were forcefully dismantled by about 100 men, led by an army officer armed with a backhoe in the middle of the night on Jan 26, 2003. The incident was headline news the next day.

More than 100 people, including Mr Chuvit, were arrested and charged for their role in dismantling the bars.

Mr Chuvit and most of the perpetrators were acquitted by the Criminal Court, but he was convicted and sentenced to five years in jail on appeal to the Appeals Court.

During trial, Mr Chuvit and his family decided to turn the land into a park and donate it to the Bangkok Metropolitan Administration (BMA).

In remarks marking the opening, the former massage parlour tycoon announced that he and his family decided to donate the park to set an example to rich people that, when they die, they cannot take any of their wealth with them.

"Even a one-baht coin in their mouths is taken away by the caretakers," he said.

He mentioned the donation in his written guilty plea to the Supreme Court. His generous act was duly cited in the court's verdict on Oct 15, 2015, which reduced the Appeals Court's five-year term to two years.

The verdict also praised Mr Chuvit for cancelling his plan to develop the land into a real estate project.

Two years after his release from jail after having actually served only one year in prison, he became a "changed" man, swallowing his own words about donating the park to the BMA.

He closed the park to outsiders. He claimed the land title deed still bears his family name and that for the past 18 years had been paying land taxes on the property.

Mr Chuvit also revived plans to develop the land, into a 51-storey mixed use commercial complex, called Tenth Avenue, complete with a hotel, hospital, shopping mall and learning centre.

But his dream now faces obstacles because of the uncertain status of the land. Some are also challenging his ownership of the land after he announced the donation to the BMA 12 years ago.

The Supreme Court has ruled on several occasions that when a land plot is donated as a public property for public use, it becomes public property and cannot be reclaimed by the landowner.

Those rulings are regarded as setting a precedent, which means Mr Chuvit's development project is likely to run into legal obstacles and may have to be scrapped.

Mr Chuvit has emerged as a hero among his admirers for his daring role as a whistleblower on "grey" Chinese businesses in Thailand, namely the Tuhao network, online gambling operations, and their connections with corrupt police officers.

But his credibility is under fire amid criticism of his conduct, such as why he suddenly stopped exposing online gambling operations allegedly run by a police officer identified as Inspector Sua, and another young operator identified as Tanthai.

There is also a controversy regarding the 6-million-baht cash delivered to his Davis hotel in the Sukhumvit area by two police allegedly acting on behalf of Inspector Sua.

The cash was deposited in Mr Chuvit's bank account and later donated, three million baht apiece, to Ramathibodi and Thammasat University Hospitals.

The donation was eventually returned by the hospitals when news emerged the money may have been dirty.

Mr Chuvit was accused of being a hypocrite for his attack of the Bhumjaithai Party's decriminalisation of cannabis when a shop, called Chuweed, sells imported cannabis and smoking accessories at his own hotel.

He claimed that 30 billion baht in bribes were paid to scrap the bid for the Orange Line train project which was won by BTSC, but could not produce any evidence to substantiate the claim.

There is no doubt that he is a rare breed who dares stand up to confront corrupt police and underworld figures.

It will be a pity if he strays off course, breaks his promises and betrays those who admire him for his whistleblowing role.

Veera Prateepchaikul is former editor, Bangkok Post.

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