Thailand seeks to prosecute ousted PM Thaksin in absentia in two graft cases

[hawker9000]

The renewal of legal activity against Thaksin is a mistake.  His fan club was dwindling and moving on to other things.  It would've been better to just let him continue his journey into obscurity and old age.

 

[Khun Han]

Prosecute him, and his clan, by all means. They deserve it. But, once that's done, 'Thailand' should make a start on prosecuting any and all of his opponents who have unusual wealth (and, let's face it, nearly all of them have). Then 'Thailand' has to get stuck into the civil service (which is also riddled with unusual wealth). Not gonna happen beyond the Thaksinistas, is it? So it's just a merit-free extension of the power grab by one side of the Thai political nightmare .

[webfact]

Prosecutors seek trial of Thaksin in absentia

By The Nation

 

File photo: Thaksin Shinawatra

 

PUBLIC PROSECUTORS have forwarded a request to the Supreme Court asking that two criminal corruption cases against fugitive ex-premier Thaksin Shinawatra proceed as trials in absentia.

The cases are the first two to be considered by the high court under the new law on criminal lawsuits against political office holders.

 

In the cases, Thaksin is accused of abusing his authority as prime minister concerning a Krung Thai Bank loan fraud case and the conversion of satellite and mobile phone concession fees into excise tax that benefited his former company Shincorp.

 

Wanchat Santikunchorn, spokesman of the Office of the Attorney-General, said the decision to file the request was based on a suggestion from a working group appointed by the Attorney-General late last month to consider whether to ask for the reactivation of criminal cases involving Thaksin.

 

Krisanapong Phutrakul, an academic at Rangsit University, said the new criminal law allowing courts to try people in absentia should be enforced equally regardless of who the defendant was.

 

Strict and transparent enforcement of the law was crucial to serve as a warning, Krisanapong said, adding that anti-graft laws would become more effective in deterring politicians from wrongdoing.

 

Mana Nimitmongkol, secretary-general of an anti-corruption non-governmental organisation, said the law had to be applied to everyone accused of wrongdoing to avoid criticisms of political motivation in this kind of criminal case.

 

He said there should be more public explanation about the damage caused to the state by guilty political office holders in order to justify criminal actions against them.

 

In the two Thaksin-related matters, the Supreme Court’s Criminal Division for Political Office Holders has been asked to revoke a previous order to temporarily suspend the cases.

 

The Supreme Court suspended the cases because Thaksin fled the country and the previous law did not allow for trials in absentia.

 

But Article 28 of the new procedural act on criminal cases against politicians stipulates that the Supreme Court |can deliberate cases in absentia if |defendants fail to appear before the court.

 

Thaksin also faces another two pending corruption lawsuits concerning the alleged abuse of power in approving a multi-billion-baht Export-Import bank loan and a state lottery scheme.

 

 Those cases were also previously suspended due to Thaksin’s absence but can now proceed. 

 

Source: http://www.nationmultimedia.com/detail/politics/30332199

 

-- © Copyright The Nation 2017-11-22

[joecoolfrog]

10 hours ago, billd766 said:

 

Here is another idea.

 

Why not clear up all the oustanding cases from the past 20 years in chronological order and then the cases from the last 3 years will be done in turn.

That would be excellent if the prosecusions were chronological and were performed without fear or favour , some chance !

[JAG]

7 hours ago, scorecard said:

 

What rubbish... how many times are you and eric loh et al going to trot out this silly unproven hogwash. 

 

You really think large numbers of foreigners analyse / think seriously about the Thai situation?

 

How many Americans realize their so called 'perfect democracy' is in fact way way short of perfection from a number of angles, including massive lobbying (vote buying), and more?

 

 

I was replying to a post claiming that such prosecutions would change the way Thaksin is regarded. I don't know how many foreigners think about him, although judging by the way you always cry foul whenever Reuters or any other international news source mentions him, it is of some concern to you.

 

That both the coups were staged during an entirely constitutional election, to ensure that the parties led by the Shinawatras did not win is not "unproven" rubbish nor is it "hogwash", it is simply true. So is the fact that this legislation is retrospective, and concerned solely with former (elected) political office holders. The current ( self appointed ones) of course have granted themselves an amnesty!

Also true is that this legislation has been enacted by a junta government and has been "debated" and "passed" by a legislative assembly which the junta appointed, with no apparent scrutiny.

 

Now, why don't you turn your sudden enthusiasm for justice to those points?

 

By the way, what has American political lobbying got to do with that antics of a South East Asian junta?

[Ricardo]

For a decade Dear Leaders' supporters have claimed (correctly) that he had only been convicted in the one relatively-minor case.

 

All the other charges against him were being delayed by the Thai legal requirement to have him present-in-court, when the charges were read out, so they could not proceed.  Similar charges against others had been made, and convictions obtained with jail-terms handed-out, years ago.

 

For some reason no charges were actioned while he was briefly back-in-the-country during 2008, when his nominee-party was in-charge, a missed opportunity to prove his innocence (or otherwise).  Odd that.

 

Now the cases may (or may not) finally proceed, and he might similarly be found guilty and receive further sentences, while being fully-represented by his lawyers in-court, so no legal unfairness there then.

 

This is somehow now viewed by some as political-persecution, rather than the Thai legal-system having been caught-upon a procedural-snag, which had been preventing the former-PM from having his day in court.  The system needs improving, to remove this barrier-to-justice, certainly.

 

Surely he will be pleased to have the opportunity to clear his good name ?

 

Unless he knows he's guilty-as-charged, and fears further sentences, and loss-of-face ?

 

I agree that he's unlikely ever to return to serve them, he hasn't since 2008, but why should he get off, while many others have been found guilty & sentenced ?  Isn't that too unfair ? 

 

Do former-PMs, a.o.t. former-Ministers, somehow deserve more to be let off crimes they might have committed ? 

 

I don't think they do, any more than current-government members should be excused any crimes they might commit, while in-power.  Meanwhile the example of past bad-deeds returning to haunt them, may deter a few more of the lesser politicians or civil-servants or poo-yais, from casually assuming that they're above-the-law.

 

 

[Dave67]

Junta trying to look hard in front of their mates

[Sydebolle]

Considering that he got ousted eleven years and two months ago ............ keep up the good speed! 

[xerostar]

Lawyers at the trough as usual

Sent from my SM-N915F using Thailand Forum - Thaivisa mobile app

[mikiea]

17 hours ago, Samui Bodoh said:

Just give it a rest!

 

Thaksin is gone and he is never coming back. What is the purpose of going through a trial where everyone knows that the verdict is preordained? Or does someone (ANYONE???) think he will be found not guilty?

 

Here's an idea; why not investigate and prosecute all the cases that have been swept under the carpet in the last three years? That would be a productive use of the time and resources.

 

Idiots.

 

it is to the point that the junta is looking foolish beating a dead dog ...this is way beyond normal people's actions .  how about throwing some bad policemen in jail  .

[Artisi]

3 minutes ago, xerostar said:

Lawyers at the trough as usual

Sent from my SM-N915F using Thailand Forum - Thaivisa mobile app
 

Well at least it does return a small amount of Thaksin's ill-gotten gains to Thailand in lawyer fees, just hoping they are charging absolute top shelf prices. 

[Sid Celery]

10 hours ago, Srikcir said:

I believe it was for conflict of interest that he allegedly negotiated the sale de facto as PM to his wife.

At face value a very weak charge.

You're right, it was conflict of interest. The main points were (as I recall) as above in #56. And it was indeed a very weak charge, a sign of desperation on behalf of those for whom, ultimately, Thaksin was just too popular.

 

Another point of ridicule of the Thai way of doing things.

[Artisi]

8 hours ago, candide said:

Actually he did not even negotiate anything as it was a blind bid and his wife did bid more than other bidders.

Additionally, despite the fact that there was an official text stating that the selling organisation was not under the PM's office authority, the court overrode it by declaring that he was de facto supervising it as PM.

It's all detailed in the wikipedia page on his wife.

And Wiki of course is  100% valid, reliable,  and a source of all truths.  

[Becker]

3 hours ago, JAG said:

I was replying to a post claiming that such prosecutions would change the way Thaksin is regarded. I don't know how many foreigners think about him, although judging by the way you always cry foul whenever Reuters or any other international news source mentions him, it is of some concern to you.

 

That both the coups were staged during an entirely constitutional election, to ensure that the parties led by the Shinawatras did not win is not "unproven" rubbish nor is it "hogwash", it is simply true. So is the fact that this legislation is retrospective, and concerned solely with former (elected) political office holders. The current ( self appointed ones) of course have granted themselves an amnesty!

Also true is that this legislation has been enacted by a junta government and has been "debated" and "passed" by a legislative assembly which the junta appointed, with no apparent scrutiny.

 

Now, why don't you turn your sudden enthusiasm for justice to those points?

 

By the way, what has American political lobbying got to do with that antics of a South East Asian junta?

Call me prescient but I'm pretty sure a scorecard won't reply to your post after having been so epically owned

[steven100]

Living in exile in luxury while most Thais are looking for their next meal ....   disgusting ...  !! 

[Keesters]

15 hours ago, Sid Celery said:

I suspect the majority of people would just as soon see Prayuth dangling at the end of a rope as see Thaksin convicted without due process.

Then I must be in the minority as are all my family, friends, acquaintances, business colleagues, anybody I meet etc.

 

[Sid Celery]

1 hour ago, Artisi said:

Well at least it does return a small amount of Thaksin's ill-gotten gains to Thailand in lawyer fees, just hoping they are charging absolute top shelf prices. 

 

Thaksin's ill-gotten gains' were a tiny fraction of the ill-gotten gains of the Thai kleptocracy. But none of that matters if you've drunk down the propaganda.

 

For satupid people who are full-of-avarice-and-hate to persuade others to their satupid and full-of-avarice-and-hate viewpoint, you need an army of satupid and full-of-avarice-and-hate conscripts, each armed with a very large straw to suck up the KoolAid handed to them by people who think they're satupid enough to believe it. Then you can win.

 

And oddly enough, even though they're only about 10% to 15% of the audience, they make up for that with hate and volume. But I suppose empty vessels...

[Sid Celery]

16 minutes ago, Keesters said:

Then I must be in the minority as are all my family, friends, acquaintances, business colleagues, anybody I meet etc.

 

Statistically unlikely I would have thought but hey, music to the ears of the junta-huggers.

[Sid Celery]

25 minutes ago, steven100 said:

Living in exile in luxury while most Thais are looking for their next meal ....   disgusting ...  !! 

 

One could easily criticise the 20m THB Prawit junket to Hawaii on the same basis. Or Prayuth having an alleged  private fortune of 100,000,000 THB of which nobody is allowed to ask about the origin.

 

The thing about believing  what people tell you is that you often only believe what they want you to believe, or worse, what someone else has told them and wants them to believe.

[Keesters]

1 minute ago, Sid Celery said:

Statistically unlikely I would have thought but hey, music to the ears of the junta-huggers.

 

All my family, friends, acquaintances, business colleagues, anybody I meet etc have brains. I do not, generally, communicate with the ill-informed.

[TallGuyJohninBKK]

19 hours ago, ramrod711 said:

This amendment is the best thing to happen in years. Prosecute the Red Bull heir in absentia and the flying monk and everyone else that thought the status quo would remain long enough for them to come back free as a bird when the statute of limitations expired. It may, I hope , lead to wealthy criminals thinking  before they act. I say wealthy because the poor don't have the option of jetting off to greener pastures.

 

AFAIK, the part you're missing is, the new law allowing trials in absentia only applies to politicians -- not to regular folks, including regular hi-so and wealthy folks.

 

[Sid Celery]

1 minute ago, Keesters said:

 

All my family, friends, acquaintances, business colleagues, anybody I meet etc have brains. I do not, generally, communicate with the ill-informed.

 

Equally unlikely, but that's just my opinion.

[Moti24]

19 hours ago, ramrod711 said:

This amendment is the best thing to happen in years. Prosecute the Red Bull heir in absentia and the flying monk and everyone else that thought the status quo would remain long enough for them to come back free as a bird when the statute of limitations expired. It may, I hope , lead to wealthy criminals thinking  before they act. I say wealthy because the poor don't have the option of jetting off to greener pastures.

Goog idea!  There's nothing that I'd like better than to see some of these scumbags like the Red Bull heir behind bars.  Unfortunately, the new law only applies to politicians

[NanLaew]

And thus another pair of very expensive, probably Chinese-made torpedo's hit the good ship Peace & Reconciliation below the water line while she's still tied up dockside, waiting for the engines to be fixed.

[Curmudgeon1]

19 hours ago, Oziex1 said:

It's a load of face saving nonsense. They made up a new law now they play with it. 

A law, long overdue. Imo

[AGareth2]

17 hours ago, robblok said:

so you think Thaksin should get away with his crimes ?

what is your plan for getting him back to serve time?

[AGareth2]

1 hour ago, steven100 said:

Living in exile in luxury while most Thais are looking for their next meal ....   disgusting ...  !! 

are you a fortune teller?

[Ron19]

A post derogatory to Thai people has been removed.

[Chris Lawrence]

14 hours ago, robblok said:

Stupid assumption that i have money envy. My point was that he has enough money to affort good lawyers and a good defence.

Its great if he is convicted because then people see him for what he is a corrupt criminal. The case he is convicted for could be looked at as minor. The other cases waiting for him are not.

That some people like Thaksin is irrelevant for his crimes.


Sent from my SM-G955F using Tapatalk
 

The only problem with that is the law should extend to all of the Governments going back to 1930's. When analysed properly I would bet not many acted squeaky clean. 

 

I hear what you are saying Rob, unfortunately the law is for a singular purpose; it should have wide ranging effect to be fair.

 

Just imagine, article 44 being challenged when this new mob vacate? Now that would be justice.

[sjaak327]

15 hours ago, scorecard said:

 

"...What is the purpose of going through a trial where everyone knows that the verdict is preordained? Or does someone (ANYONE???) think he will be found not guilty?"

 

Of course he won't be found not guilty because the ere is ample evidence to show he is guilt, and you know it.

 

Given that their is ample evidence of guilt your nicely biased claim of preordained is just your bias showing.

 

 

Likewise, there is ample evidence, even beyond any reasoable doubt that Prayuth, Prawit and all the other NCPO dickheads are guilty. They are without a doubt worse criminals then Thaksin. 

 

The fact that they will never be charged automatically gives Thaksin a free pass. 

 

Quit demanding justice for just one side of the fence, your position is beyond defence.

 

The minute Prayuth is sentenced to a lenghty sentence, is the minute I support Thaksin going to jail, and not a  Moment sooner...

 

Justice, fairness. Terms you know absolutely nothing about...

Edited November 22, 2017 by sjaak327