AEC Decides To Prosecute Former Prime Minister Thaksin Shinawatra

[sriracha john]

Thaksin found quilty of malfeasance

BANGKOK - Thailand's Assets Examination Committee has resolved that former prime minister Thaksin Shinawatra is quilty of committing a series of misconducts in office which it says gave undue market advantages to telecom giant Shin Corp owned by his family and to launch probe into such scandals.

AEC secretary Kaewsan Atibhodi said the panel had found Mr. Thaksin guilty of malfeasance, that he had abused his power during his five years of premiership to bring about undue and inappropriate gain to Shin Corp by turning a portion of the concession royalty into excise tax.

During the tenure of former ICT minister Suraphong Suebwonglee, Mr. Kaewsan charged, telecom firms were required under concessions granted by state-owned TOT and CAT Telecom companies to pay 10 per cent in excise tax, plus 15 per cent in royalty fees.

Such tax measures, under which Advance Info Services (AIS), a Shin Corp affiliate, was obliged to pay only a 25 per cent tax, compared to DTAC's 30 per cent excise tax levy, were determined to deter relatively new and small telecom firms which would otherwise have offered alternative, price-competitive services to the public, according to the AEC secretary.

Shin Corp, which should have paid the royalty in full, or by 25 per cent as earlier required, had earlier faced no major competition in the telecom sector, thanks to Thaksin-facilitated tax measures which kept other telecom firms under relative competitive disadvantage, he said.

Such taxation was adopted by the Thaksin administration in apparent breach both of the Constitution and a Telecommunications Act which called for free and fair competition in telecom services, he said.

Mr. Kaewsan said Shin Corp stocks, 49 per cent of which had been held by the Thaksin family, had sharply risen upon the introduction of the excise tax for telecom firms and culminated in a surge of the former prime minister's wealth from Bt20 billion (US$583.8 million) to more than Bt70 billion (US$2,043 million) during a five year period.

- MCOT

Edited May 9, 2007 by sriracha john

[Jai Dee]

AEC decides to prosecute former PM

The Asset Examination Committee has decided to prosecute the former Prime Minister on charges of corruption.

The Secretary General of the Asset Examination Committee, Mr. Kaewsan Athipothi (แก้วสรร อติโพธิ), reported that the AEC has decided to prosecute former Prime Minister Thaksin Shinawatra on charges of corruption under article 157 of criminal law. The AEC alleged that Mr. Thaksin used his authority as Prime Minister to lend benefits to his ShinCorp subsidiary company, AIS, through the alteration of legislation to reduce subsidization fees for AIS from 20 to 10 percent.

The Asset Examination Committee believes that changes to legislature under the Thaksin administration constitute corrupt policies and betrayed the trust of citizens of Thailand.

The AEC will also be investigating parties privy to corruption in the Ban Eua Arthorn (บ้านเอื้ออาทร) housing project, which caused more than 326 million baht in losses to the nation.

Source: Thai National News Bureau Public Relations Department - 09 May 2007

[Jai Dee]

Thaksin found quilty of malfeasance

Thailand's Assets Examination Committee has resolved that former prime minister Thaksin Shinawatra is quilty of committing a series of misconducts in office which it says gave undue market advantages to telecom giant Shin Corp owned by his family and to launch probe into such scandals.

AEC secretary Kaewsan Atibhodi said the panel had found Mr. Thaksin guilty of malfeasance, that he had abused his power during his five years of premiership to bring about undue and inappropriate gain to Shin Corp by turning a portion of the concession royalty into excise tax.

During the tenure of former ICT minister Suraphong Suebwonglee, Mr. Kaewsan charged, telecom firms were required under concessions granted by state-owned TOT and CAT Telecom companies to pay 10 per cent in excise tax, plus 15 per cent in royalty fees.

Such tax measures, under which Advance Info Services (AIS), a Shin Corp affiliate, was obliged to pay only a 25 per cent tax, compared to DTAC's 30 per cent excise tax levy, were determined to deter relatively new and small telecom firms which would otherwise have offered alternative, price-competitive services to the public, according to the AEC secretary.

Shin Corp, which should have paid the royalty in full, or by 25 per cent as earlier required, had earlier faced no major competition in the telecom sector, thanks to Thaksin-facilitated tax measures which kept other telecom firms under relative competitive disadvantage, he said.

Such taxation was adopted by the Thaksin administration in apparent breach both of the Constitution and a Telecommunications Act which called for free and fair competition in telecom services, he said.

Mr. Kaewsan said Shin Corp stocks, 49 per cent of which had been held by the Thaksin family, had sharply risen upon the introduction of the excise tax for telecom firms and culminated in a surge of the former prime minister's wealth from Bt20 billion (US$583.8 million) to more than Bt70 billion (US$2,043 million) during a five year period.

Meanwhile, Mr. Kaewsan added, the Assets Examination Committee also found former National Housing Authority chief Chuanpit Chaimuanwong and other senior officials of the agency guilty of misconduct charges under which they had conspired to inflate the price of a parcel of land to more than Bt600 million (US$17.5 million) to a private firm with which they had connections, thus reaping an undue profit of Bt142 million (US$4.1 million).

Although Bt52 million (US$1.5 million) of that total was distributed as a bonus to NHA personnel, the agency's chief and his accomplices were considered to have committed malfeasance in office, the AEC chief said.

Source: TNA - 09 May 2007

[Jai Dee]

Telecom tax decision: Thaksin to be charged

The Assets Examination Com-mittee (AEC) resolved yesterday to charge and investigate former prime minister Thaksin Shina-watra for his government's decision on the telecom excise tax, which the panel viewed as beneficial to a particular mobile-phone operator and unfair to consumers, its secretary Kaewsun Atibodhi said.

The AEC, acting on a suggestion from a subcommittee probing the matter, agreed Thaksin should be charged with malfeasance in accordance with the Penal Code, Kaewsun said.

The panel agreed the Thaksin Cabinet made the February 2003 resolution improperly and without any legal provision to support it. The controversial decision, which was recently reverted by the current government, allowed all private telecom operators to deduct part of their concession fees to be paid as excise before sharing the remaining concession fees with the state concession owners.

In a separate case, the AEC yesterday also resolved to charge former National Housing Authority (NHA) governor, Chuanpit Chaimuanwong, and nine other NHA officials with malfeasance involving the agency's Ua Arthorn housing project.

It was found that the NHA made a dubious money transfer to a project contractor, which led the agency to "make a profit" it did not deserve, according to Kaewsun. The profit was shared among the NHA officials.

Meanwhile, Khunying Poja-man Shinawatra yesterday postponed giving testimony to the AEC over the Shin Corp share sale. Noppadon Pattama, legal adviser to the Shinawatra family, reported to the AEC that Pojaman was unable to testify today as scheduled because "she is engaged with business" overseas.

"This postponement is not a tactic to buy time because Khun-ying Pojaman will testify as a witness - not as the accused. So the AEC should be flexible," Noppadon said.

Noppadon did not, however, specify for how long Pojaman wanted to postpone her testimony.

He also said that his team of lawyers would this week file a suit against the AEC, taking recourse in Article 157 of the Criminal Law Act, accusing the panel of not giving fair treatment to the Shinawatra family.

In related news, AEC chairman Nam Yimyaem yesterday said he and Prasert Bunsri - chairman of the subcommittee probing the purchase of fire-fighting equipment - had last week filed a libel suit with the police against former Bangkok governor Samak Sundaravej.

The suit claims he gave a false statement to police in accusing Nam and Prasert of malfeasance.

Meanwhile, the Cabinet yesterday decided to extend the AEC's term.

Government assistant spokes-man Nattawat Suthiyothin said the Cabinet had given the nod to a proposal from the Justice Ministry to amend the 30th announcement by the Council for Democratic Reform - the forerunner of the Council for National Security - to extend the term of the AEC so that it ends at the same time as that of the Cabinet.

Source: The Nation - 09 May 2007

[slimdog]

AIS denies gaining upper hand from telecom excise

Advanced Info Service (AIS) Wednesday denied the charge from the Assets Examination Committee (AEC) that it gained a special advantage from the telecom excise policy introduced by the government of the ousted Prime Minister Thaksin Shinawatra.

In a press release, AIS said that no telecom operators had paid a lower concession fee but the same amounts went to the government under the telecom excise law, which has already been revoked by this government.

The company added that what had been changed by the policy was that instead of paying the fees fully and directly to TOT or CAT Telecom, both of which then passed on the fee to its 100-percent shareholder the Finance Ministry, the telecom operators had paid part of the concession fee directly to the Excise Department.

source: http://www.nationmultimedia.com/breakingne...newsid=30033799

In unrelated news:

Govt's revenue collection missed target

The government's net revenue collection from October to April missed its target by Bt6.93 billion, or 1 percent, due partly to delays in revenue expected from state enterprises in April, the Finance Ministry said Wednesday.

As a result, the ministry said it will likely miss the full-year target by around 1% to 1.5 percent. The government had expected Bt1.42-trillion of revenue this fiscal year ending September 30.

Lower than target revenue collection this year will not significantly affect the overall fiscal condition of the government, the Finance Ministry said.

In April, net revenue collection amounted to Bt89 billion, 9 percent below target and 22.1 percent lower than last year.

source: http://www.nationmultimedia.com/breakingne...newsid=30033783

[stoneman]

Wonder what poor soul they are going to find to sign the arrest warrant and then who is going to serve the warrant... Everyone in the Justice Dept will call in sick on that day...

[sierra01]

With Toxin now living in the UK what options does the Thai govt have to nail him? I can't see him coming back to face the music on his own accord, can you? I suppose they could chop his passport but with him being a democratically elected (allbeit dodgy) PM the UK govt would probably give him a UK passport.

[blaze]

Wonder what poor soul they are going to find to sign the arrest warrant and then who is going to serve the warrant... Everyone in the Justice Dept will call in sick on that day...

Now THAT is funny stoneman. (picture of yellow face chuckling).

How many of these state enterprises are the ones that the military plugged its people into after the coup- to ensure honest and transparant governance.

Edited May 9, 2007 by blaze

[nick2k]

I read the wikipedia entry on kaewsan atibhodi. and one of his earlier articles criticizing thaksin...

he reminds me of me in a way. like me, he is concerned about foreign countries hurting his home country.

http://en.wikipedia.org/wiki/Kaewsan_Atibhodi

http/www.nationmultimedia.com/option/print.php=3fnewsid=3d30000214

[Tony Clifton]

With Toxin now living in the UK what options does the Thai govt have to nail him? I can't see him coming back to face the music on his own accord, can you? I suppose they could chop his passport but with him being a democratically elected (allbeit dodgy) PM the UK govt would probably give him a UK passport.

If i remember correctly, he had dissolved parliament and hastily called an election which was invalidated later on with it's Election Commissioners ending up in jail.

[sriracha john]

With Toxin now living in the UK what options does the Thai govt have to nail him? I can't see him coming back to face the music on his own accord, can you? I suppose they could chop his passport but with him being a democratically elected (allbeit dodgy) PM the UK govt would probably give him a UK passport.

He and his lawyer have said on a number of occasions that he would relish the opportunity to willingly return to Thailand to defend himself if he were to face any charges that are placed against him.

He's always been such an honest man, we should all take him at his word so that there would be no need to seek any sort of forcible extradition from the UK.

[sriracha john]

I read the wikipedia entry on kaewsan atibhodi. and one of his earlier articles criticizing thaksin...

he reminds me of me in a way. like me, he is concerned about foreign countries hurting his home country.

http://en.wikipedia.org/wiki/Kaewsan_Atibhodi

http/www.nationmultimedia.com/option/print.php=3fnewsid=3d30000214

To put a face to the name:

Kaewsan Atibhodi

[MiG16]

How many of these state enterprises are the ones that the military plugged its people into after the coup- to ensure honest and transparant governance.

i hope thats sarcasm

[sierra01]

Can you really see him returning to face charges? My money is on him ending up with a UK passport.

[ColPyat]

Thaksin found quilty of malfeasance

Found guilty?

Not exactly, they decided to prosecute, and then a court has to find him guilty or not. At least that is how things generally are supposed to work.

[nick2k]

Thaksin found quilty of malfeasance

Found guilty?

Not exactly, they decided to prosecute, and then a court has to find him guilty or not. At least that is how things generally are supposed to work.

haven't you figured it out yet?

..it's a lynch mob.

[sriracha john]

Can you really see him returning to face charges? My money is on him ending up with a UK passport.

He's never lied before, has he?

Former PM Thaksin Shinawatra Willing To Stand Trial In Thailand

BANGKOK, Thailand -- Ousted prime minister Thaksin Shinawatra is willing to stand trial for corruption and extrajudicial murders allegedly committed during his reign, and wants to return from self-exile, his lawyer said in an interview.

"He has no immunity. And he is prepared to come to court, no problem," Mr. Thaksin's lawyer said. "He is being prepared to answer all the charges, the best he can."

- Bangkok Post, Nov. 6, 2006

Edited May 9, 2007 by sriracha john

[Pattayaman]

Can you really see him returning to face charges? My money is on him ending up with a UK passport.

He's never lied before, has he?

Former PM Thaksin Shinawatra Willing To Stand Trial In Thailand

BANGKOK, Thailand -- Ousted prime minister Thaksin Shinawatra is willing to stand trial for corruption and extrajudicial murders allegedly committed during his reign, and wants to return from self-exile, his lawyer said in an interview.

"He has no immunity. And he is prepared to come to court, no problem," Mr. Thaksin's lawyer said. "He is being prepared to answer all the charges, the best he can."

- Bangkok Post, Nov. 6, 2006

I hope they nail this lying, cheating, parasites arse to the wall

[sriracha john]

Thaksin found quilty of malfeasance

Found guilty?

Not exactly, they decided to prosecute, and then a court has to find him guilty or not. At least that is how things generally are supposed to work.

haven't you figured it out yet?

..it's a lynch mob.

Welcome to Thailand.

Since you guys seem unaware, the local press has been known to flub precise English translations, particularly on headlines, hence the need to actually read the entire article to keep things in perspective.

[sriracha john]

Former Thaksin Cabinet Member Surapong Suebwonglee

Telecom move 'innocent'

Former minister Surapong Suebwonglee issued a rebuttal yesterday, claiming he and ousted PM Thaksin Shinawatra were innocent in regard to a controversial decision in 2003 to convert telecom concession fees to excise tax.

"When I was in charge of the Information and Communication Technology Ministry, Thaksin never interfered with the dispensing of my duties and I always upheld the national interest in all my decisions," he said.

Surapong's remarks came one day after a fact-finding panel under the Assets Examination Committee (AEC) found probable cause to suspect graft violations stemming from the 2003 move. The panel, chaired by Kaewsan Atibhodi, has recommended the AEC launch an indictment hearing to name culprits and spell out charges - a mandatory pre-trial step.

"I am disappointed in the Kaewsan report, which I think contains one-sided information,"

He denied acting as Thaksin's henchman to favour AIS (Advanced Info Service), the mobile phone firm then under the control of Thaksin's family.

He said the excise tax was justified because revenues went straight to the coffers of the Finance Ministry instead of via TOT Plc and CAT Telecom, which no longer had the mandate to regulate the telecom industry.

The telecom excise did not pose a barrier for newcomers in the telecom industry, as alleged, he said.

And cancellation of concession fees did not cause Bt50 billion in damages to the state. Surapong claimed his decision boosted investor confidence and resulted in increased capitalisation in the stock market.

In conclusion, he said he made his decision with honest intent. While there were similarities between the excise-concession conversion scheme and a study done by Shin Corp chief Boonklee Plangsiri, the actual levying of excise did not completely mirror Boonklee's idea.

- The Nation

===============================

As Thaksin wore out the "honest mistake" rationalization.... has "honest intent" replaced it?

--------------------------------------------------------------------------------------------------------------------

*EDIT: Just so there's not a replay of the previously-noted misperceptions, when Surapong says in the headline that the maneuverings of Thaksin and him were "innocent," it's not actually referring to any sort of actual court decision that's been made yet.

Edited May 9, 2007 by sriracha john

[nick2k]

Thaksin found quilty of malfeasance

Found guilty?

Not exactly, they decided to prosecute, and then a court has to find him guilty or not. At least that is how things generally are supposed to work.

haven't you figured it out yet?

..it's a lynch mob.

Welcome to Thailand.

Since you guys seem unaware, the local press has been known to flub precise English translations, particularly on headlines, hence the need to actually read the entire article to keep things in perspective.

yes, I think I get it now. thailand is slowly going socialist. maybe even communist. or an islamist derivative of that depending if the coup leaders get their way. right?

maybe it times to leave.... while there is still time. 79 and counting....

[sriracha john]

Thaksin found quilty of malfeasance

Found guilty?

Not exactly, they decided to prosecute, and then a court has to find him guilty or not. At least that is how things generally are supposed to work.

haven't you figured it out yet?

..it's a lynch mob.

Welcome to Thailand.

Since you guys seem unaware, the local press has been known to flub precise English translations, particularly on headlines, hence the need to actually read the entire article to keep things in perspective.

yes, I think I get it now. thailand is slowly going socialist. maybe even communist. or an islamist derivative of that depending if the coup leaders get their way. right?

maybe it times to leave.... while there is still time. 79 and counting....

You got all of that from a simple, poorly-translated news headline? :D

[sriracha john]

"When it rains, it pours..."

AEC panel to seek Thaksin indictment over Ratchadaphisek land purchase

[sriracha john]

AEC secretary Kaewsan Atibodhi, who is also the chairman of the panel looking into the telecom excise tax, said he has a solid case.

He said evidence proves that Thaksin ordered the new tax through a Cabinet resolution in February 2003 that benefited Advanced Info Service Plc, whose board has Shinawatra family members on it.

"It's policy corruption so members of the public can lodge complaints against him as aggrieved parties for not receiving discounts for their service due to the lower concession fees that telecom operators paid," he said.

- The Nation

[farangsay]

"When it rains, it pours..."

AEC panel to seek Thaksin indictment over Ratchadaphisek land purchase

Bring on the monsoon !

[No beleeeeve!]

Okay, so let's think this one through.

Most likely almost all of Thaksin's money is out of Thailand, although I remember his wife applying to get some of it out a while ago, right? So, his billions are safe.

His children are still in Thailand, right? They were served with a tax bill recently. That ties up some or all of the remaining money here, but again, I'm sure just a small fraction of the money is even in Thailand. Maybe just enough for his children. So, the government knows they won't get much or any money from him.

There are rumors he may return to run for office again. Let's say he does, do these new legal proceedings prevent that from hapening or at least dimish his reputation? Possible reasons to file these charges.

What else? To prevent Thaksin from even coming back to Thailand in the first place and ward off any attempts of him thinking of returning.

Not sure any of this applies, but maybe a combination of the above.

Your thoughts????

[Jai Dee]

AEC subcommittee finalizes case of Ratchadaphisek land deal

A subcommittee of the Assets Examination Committee (AEC) has closed the investigation into the Ratchadaphisek land deal and will submit conclusion of the case to the AEC’s general meeting on May 14th.

Chairman of the subcommittee Udom Fuangfung (อุดม เฟื่องฟุ้ง) says after the AEC’s general meeting has approved the conclusion of the case, the subcommittee will send it the Auditor General in order to file lawsuits against the former Prime Minister Thaksin Shinawatra and his wife, Khunying Potjaman Shinawatra.

The two persons are alleged of violating Article 100 (1) of the National Counter Corruption Commission (NCCC) Act. The Ratchadaphisek case will be judged by the Supreme Court. The AEC subcommittee has requested the court to consider seizing assets of the ex-PM and his wife.

Mr Udom says this case is the first case which can prove the practicality of the NCCC Act.

Source: Thai National News Bureau Public Relations Department - 10 May 2007

[stoneman]

Okay, so let's think this one through.

Most likely almost all of Thaksin's money is out of Thailand, although I remember his wife applying to get some of it out a while ago, right? So, his billions are safe.

His children are still in Thailand, right? They were served with a tax bill recently. That ties up some or all of the remaining money here, but again, I'm sure just a small fraction of the money is even in Thailand. Maybe just enough for his children. So, the government knows they won't get much or any money from him.

There are rumors he may return to run for office again. Let's say he does, do these new legal proceedings prevent that from hapening or at least dimish his reputation? Possible reasons to file these charges.

What else? To prevent Thaksin from even coming back to Thailand in the first place and ward off any attempts of him thinking of returning.

Not sure any of this applies, but maybe a combination of the above.

Your thoughts????

Toxin's power base is North and Northeast Thailand and these people still believe in Toxin...I was in

Udon Thani 2 weeks ago and friends told me that the drugs are back and that they missed Toxin...He still has a huge support base and I still feel there is a real chance that he will come back and resume his politics with massive support from the North...

And I think that the junta also has this same idea.. To bring charges against Toxin and then not get a conviction is almost the same thing as signing your death warrant(politically speaking).. It is simple to indict, but to convict, win all the appeals and place him in jail is a very large undertaking.

IMHO, the day Toxin returns, there will be thousands of people at the airport to welcome his return...

[sriracha john]

Okay, so let's think this one through.

Most likely almost all of Thaksin's money is out of Thailand, although I remember his wife applying to get some of it out a while ago, right? So, his billions are safe.

His children are still in Thailand, right? They were served with a tax bill recently. That ties up some or all of the remaining money here, but again, I'm sure just a small fraction of the money is even in Thailand. Maybe just enough for his children. So, the government knows they won't get much or any money from him.

There are rumors he may return to run for office again. Let's say he does, do these new legal proceedings prevent that from hapening or at least dimish his reputation? Possible reasons to file these charges.

What else? To prevent Thaksin from even coming back to Thailand in the first place and ward off any attempts of him thinking of returning.

Not sure any of this applies, but maybe a combination of the above.

Your thoughts????

Toxin's power base is North and Northeast Thailand and these people still believe in Toxin...I was in

Udon Thani 2 weeks ago and friends told me that the drugs are back and that they missed Toxin...He still has a huge support base and I still feel there is a real chance that he will come back and resume his politics with massive support from the North...

Don’t his often repeated promises, proclamations, public statements, and assertions that he is absolutely and definitively finished with politics preclude that from ever happening?

[Old Man River]

Thaksin found quilty of malfeasance

Found guilty?

Not exactly, they decided to prosecute, and then a court has to find him guilty or not. At least that is how things generally are supposed to work.

Basically, he has now been indicted. In Thailand, if you are a civil servant being indicted means you are fired and your pension is canceled and then you go to court to prove your innocence. Hence, Thaksin is now guilty until proven innocent.