Thaksin Is Ordered To Come Home

[Jai Dee]

AEC to look into source of money

Thaksin told to return to face trial or face extradition requests

The Asset Examina-tion Committee (AEC) is ready to investigate the money trail of the Bt5.7 billion that ousted premier Thaksin Shinawatra will use to buy a majority stake in Manchester City, according to a panel member.

Khunying Jaruvan Maintaka said the AEC was awaiting a complaint to start the process, as the ex-premier said earlier that he already had the money outside the country to pay for the English Premier League football club.

Justice Minister Charnchai Likhitjittha said the matter was within the AEC's jurisdiction.

Earlier, AEC issued orders freezing the assets of Thaksin and his family amounting to more than Bt50 billion.

Meanwhile, Prime Minister Surayud Chulanont said Thaksin should try to clear his name through due process, and that the government was ready to ensure his safety should he return home to fight the charges against him.

"Thaksin will have to decide his future for himself: the government has no objection to his return," he said in reference to speculation that Thaksin might end his exile in London and return to stand trial in December.

The unpleasant alternative to coming home will be for Thaksin to fight extradition requests for the next 10 years as fugitive, Charnchai said.

Surayud said his government would not interfere in litigation involving Thaksin, such as the upcoming trial over the Ratchadaphisek land deal, but the police would do everything possible to ensure his safety.

In view of the dissipating turmoil, the government is no longer concerned about social divisions being triggered by Thaksin's presence in his homeland, he said.

Commenting on the summons for Thaksin to report to the Department of Special Investigation (DSI) by Friday, the justice minister said the ousted premier could not cite safety concerns as a reason to avoid the summons.

"Police are ready to provide adequate protection, and there is no justification for Thaksin not to return to Bangkok," the minister said.

The DSI on Tuesday ordered Thaksin and his wife, Khunying Pojaman, to report to the department by June 29 to acknowledge charges of asset concealment related to their shareholdings in SC Asset Plc.

Under the special graft law, the two accused must be present in person for the indictment. Should Thaksin and Pojaman fail to show up by the deadline, the DSI will have to upgrade its summons to an arrest warrant, and the couple will become fugitives.

The Office of the Attorney-General can then issue an extradition request based on the outstanding warrant.

Pojaman could be arrested on sight if she returns to the capital from Singapore, where she is reportedly undergoing a check-up on her heart.

Thaksin's lawyer, Noppadon Patama, has suggested that the authorities fly to London to indict Thaksin instead of summoning him to Bangkok.

Source: The Nation - 24 June 2007

[Jai Dee]

Web of suspicious transactions the Shinawatra legacy

Criminal charges filed by state officials this week against deposed premier Thaksin Shinawatra and his wife over their alleged failure to disclose their shareholdings in SC Asset Plc, as well as the controversial Bt772-million purchase of a prime plot of Bangkok land from the state while Thaksin was in office, have helped shed more light on how the ex-premier could have blatantly broken several laws in the past.

First, the latest legal action once again underlines the fact that the assets of Thaksin, his spouse and his children were falsely declared on several occasions when they were required by National Counter Corruption Commission (NCCC) law to make a proper disclosure.

In the case of SC Assets Plc, the Department of Special Investigations also charged Thaksin and his spouse of concealing their actual holdings in the listed firm, thus violating the Securities and Exchange Commission (SEC) law. This time, the nominees included Win Mark, Value Investment Mutual Fund, Overseas Growth Fund and the Offshore Dynamic Fund. Previously, Ample Rich and other nominees were used in the Bt73-billion tax-free sale of Shin Corp to Temasek Holdings of Singapore that led to Thaksin's downfall. Thaksin and his spouse also allegedly hid their Shin Corp holdings until the assets were sold in early 2006.

Second, the allegations that Thaksin abused his power while in office are now stronger. In the Ratchadaphisek land deal, prosecutors told the court that the ex-premier violated Section 100 of the NCCC law, which bars state officials and spouses from entering into contracts with the state, including bidding for a state-owned property.

In addition, prosecutors believe that unfair competition led to the November 25, 2002 transaction in which the ex-premier's wife outbid two other rivals. For instance, the construction of high-rises on the 33-rai site was not allowed prior to the bidding. However, the ban was lifted after the ex-premier's wife won the bidding.

In the case of Shin Corp, the allegations of abuse of power are based on the fact that the market capitalisation of the Shinawatra family's holdings jumped from just over Bt20 billion to Bt73 billion over the five-year period Thaksin was in power. For instance, the Board of Investment granted substantial tax breaks to Shin units, such as Shin Satellite, resulting in a sharp rise in the market value of holding firm Shin Corp before it was sold to Tema-sek at a huge profit of nearly Bt50 billion for the Shinawatra family. Given this, many state agencies and market authorities appear to have been obviously disabled during the Thaksin years, including the Revenue Department for its failure to collect a huge amount of taxes on the Bt73-billion Shin sale; the SEC and the Stock Exchange of Thailand for failing to take against SC Asset Plc; and the Financial Institutions Development Fund for approving the sale of state-owned land to the ex-premier's wife.

Now that the ex-premier is about to take over the Manchester City football club, relevant authorities, such as the Anti-Money Laundering Organisation, may have to investigate his sources of funding for the transaction following the freeze of his assets amounting to over Bt50 billion in Thailand.

The Assets Examination Committee (AEC) took the first action on June 11 by freezing Bt52 billion of Thaksin's money in 21 bank accounts. On June 18, the AEC found that Bt8.8 billion was taken out from June 4 to June 8. On June 20, it issued another order, freezing an additional Bt4.9 billion. Hence, a total of Bt57 billion out of the Bt73 billion in proceeds from the sale of Shin Corp is already frozen as authorities are tracing the remaining Bt16 billion.

Editorial Opinion by Nophakhun Limsamarnphun - The Nation - 24 June 2007

[John K]

The fact that the money being used for the purchase is under investigation should set off warning alarms for the seller. I certainly hope they have enough sense to not take anything Thaksin says at face value. Does anyone have a way to warm them not to ink the deal? Have the sellers take a gander at the threads here before they do anything. If they want to continue after that it is there choice, but I really get the feeling they are in for a nasty time if they close the deal.

[hammered]

The fact that the money being used for the purchase is under investigation should set off warning alarms for the seller. I certainly hope they have enough sense to not take anything Thaksin says at face value. Does anyone have a way to warm them not to ink the deal? Have the sellers take a gander at the threads here before they do anything. If they want to continue after that it is there choice, but I really get the feeling they are in for a nasty time if they close the deal.

The premier league has a history of emotion over sound business or legalities. The fall of Leeds United is a case study in how bright businessmen suddenly abandoned all sense they would have had in other business. The ManCity owners want to sell. They couldnt care less who gievs them the money or where it came from as long as they get it. The hard done by ManCity supporters see another dawn and couldnt care less who is taking over. By and large that is.

There was a good article in the guardian by a ManCity supporter about this a few days ago. The British papers are also being quite suspicious to hard on Mr. Thaksin too. They dont like his human rights record.

The deal will go through barring exceptional happenings.

By the way one of the British papers looked at his asset declarations while a minister and then looked at what he had had frozen and calculated that he had 200 million pounds left. That leaves 80 odd million for ManCIty and 50 million promised investment leaving about 70 million pounds. If any extra money suddenly appears that will open questions. For some time - since Abramovich - the British press have been looking for a dodgy rich corrupt football team owner to take apart. This could have an interesting corollary even if it is not in Thailand. It would be somewhat ironic if Mr. Thaksin started to suffer at the hands of a truly free press.

[John K]

I am sure the British tabloids would have a field day with Thaksin. I think I just heard the call for open season. If Thaksin thinks that the regular media was tough on him....

Foot note: there are no tabloids in Thailand.

[Mid]

Foot note: there are no English tabloids in Thailand.

no shortage of thai language supermarket rags .

[John K]

Foot note: there are no English tabloids in Thailand.

no shortage of thai language supermarket rags .

I stand corrected.

[hammered]

Repeat: Thaksin could be arrested

Bangkok (dpa)

Thailand's deposed prime minister Thaksin Shinawatra and his wife Potjaman must return by late next week or face arrest warrants, a senior police official reiterated on Sunday.

From the Post: http://www.bangkokpost.com/topstories/tops...s.php?id=119668

Keeping the pressure up, and keeping it in the media. The story is also making it on a variety of media sources worldwide.

[hammered]

Where did the Man City funds come from? It seems Mr. Thaksins asset declarations dont make this clear.

Thailand will probe source of funds for Thaksin Manchester City deal

The Associated PressPublished: June 24, 2007

SINGAPORE: Thailand will investigate the source of the "mystery" funds that former Prime Minister Thaksin Shinawatra will use to buy Manchester City soccer club, the country's finance minister said Sunday.

Thaksin, who was ousted in a coup last September, made an 81.6 million pound (US$162 million; €121 million) bid to buy Manchester City on Thursday and the English Premier League club recommended its shareholders accept Thaksin's bid.

But while he was prime minister, Thaksin was required by law to declare all his assets, and none of the declarations disclosed any foreign assets, Thai Finance Minister Chalongphob Sussangkarn said on the sidelines of the World Economic Forum on East Asia conference in Singapore.

"So this money which would be used for Manchester City is still a mystery to Thailand. So I cannot tell where the money will be coming from," Chalongphob said.

Rest of story: http://www.iht.com/articles/ap/2007/06/24/...ity-Thaksin.php

[Mid]

Sonthi admits possibility Thaksin would flee to country without extradition treaty with Thailand

June 25, 2007 : Last updated 09:58 am (Thai local time)

Gen Sonthi Boonyaratglin admitted Monday that there was a possibility that former prime minister Thaksin Shinawatra would flee to a country without extradition treaty with Thailand.

Sonthi was replying to a question by a reporter.

"Possible," Sonthi replied when the reporter ask if Thaksin would flee to such a country to escape legal actions related to the SC Assets share concealment case.

The Department of Special Investigation has issued a summon order for Thaksin to hear charges by Friday.

Sonthi, the chairman of the Council for National Security, said the government had yet to wait for the deadline to pass first before deciding whether to seek Thaksin's extradition.

The Nation

what planet does this guy live on ?

Takie ain't gotta flee anywhere , the UK won't extridite him ...................

Edited June 25, 2007 by Mid

[DeputyDawg]

Why?

[Mid]

1 ) look to were the request is coming from , ( short on international legits )

2 ) Thailand has a Death Penalty

[DeputyDawg]

ok

[Jai Dee]

CNS Chairman says extradition law is unnecessary for now

The Royal Thai Army Commander-in-Chief and Council for National Security (CNS) Chairman, Gen. Sonthi Boonyaratglin, says there is no need to impose the extradition law on deposed Prime Minister Thaksin Shinawatra because he still has time to face charges of SC Assets’ shareholding concealment.

Gen. Sonthi says if Dr. Thaksin has not appeared before the Department of Special Investigation (DSI) within the deadline, the extradition law may have to be enforced. However, Gen. Sonthi says it is unnecessary to carry out this law at the moment.

Gen. Sonthi says further that if Dr. Thaksin is living in a foreign country without an extradition treaty, then such measure may not be applicable.

Source: Thai National News Bureau Public Relations Department - 25 June 2007

[Plus]

1 ) look to were the request is coming from , ( short on international legits )

2 ) Thailand has a Death Penalty

1) As long as the UK recognises Thais government and honours mutually signed agreements they are bound by law to consider extraditions requests.

Thaksin will have endless channels to appeal and so can stay practically indefinitely in the UK but it's up to his lawyers to play his cards right. It's not the same as to say that the UK will discard Thai extradition requests outright.

2) Thaksin is not facing a death penalty, he might try to argue that his life would be in danger, but there was a case of a chief Kurd terrorist who had been extradited to Turkey after Turks promised not to execute him. He is serving life sentence now.

[Mid]

Taxie will get sent back to Thailand faster than the Hague gets it's man ?

he'll be dead before he's got to worry about that .

edit missed this

As long as the UK recognises Thais government

would you like to test this currently ? tolerates would be a better description.

Edited June 25, 2007 by Mid

[John K]

I think Thaksin is in a bit of a dilemma. I would not want to make a comment on what the UK would do but consider this,

Thaksin does not face a death penalty so that is out, and things are just about the same as when he left. If he was fine with the system back then, he will have a bit of a time trying to explain a double standard and why he should not go back.

[Plus]

Taxie will get sent back to Thailand faster than the Hague gets it's man ?

he'll be dead before he's got to worry about that .

edit missed this

As long as the UK recognises Thais government

would you like to test this currently ? tolerates would be a better description.

Maybe I'd like to see a test - how bilateral relations have been affected by the coup, and specifically what mutual agreements have been rescinded.

The US cancelled military aid but not joint military exercises. What has the UK done to show that it does not honour any previous agreements?

[Mid]

fair points ,

suspect the majority are on unofficial hold ..........................

[soundman]

I think Thaksin is in a bit of a dilemma. I would not want to make a comment on what the UK would do but consider this,

Thaksin does not face a death penalty so that is out, and things are just about the same as when he left. If he was fine with the system back then, he will have a bit of a time trying to explain a double standard and why he should not go back.

According to Thai's, he's as good as dead, when he either loses power, or runs out of money. In fact, from stories I've heard, its surprising the guy has never been pulled up on "lese majestie" type charges.

Soundman.

[Mid]

According to Thai's, he's as good as dead, when he either loses power, or runs out of money. In fact, from stories I've heard, its surprising the guy has never been pulled up on "lese majestie" type charges.

that's the rub ,

too many others go down with him .........................

[chinthee]

According to Thai's, he's as good as dead, when he either loses power, or runs out of money. In fact, from stories I've heard, its surprising the guy has never been pulled up on "lese majestie" type charges.

that's the rub ,

too many others go down with him .........................

Edited June 25, 2007 by chinthee

[John K]

I think Thaksin is in a bit of a dilemma. I would not want to make a comment on what the UK would do but consider this,

Thaksin does not face a death penalty so that is out, and things are just about the same as when he left. If he was fine with the system back then, he will have a bit of a time trying to explain a double standard and why he should not go back.

According to Thai's, he's as good as dead, when he either loses power, or runs out of money. In fact, from stories I've heard, its surprising the guy has never been pulled up on "lese majestie" type charges.

Soundman.

Perhaps yes and perhaps no, but it will not be at the hands of the junta. I think Thaksin has chummed the water enough on his own, and his last little speech at the rally indicates he has not changed.

As for others going down with Thaksin, I am not sure if that will be the case. If they are going down it would be with or without Thaksin, and it was their choice to dance with the devil.

I think other governments UK would only look at official state executions to weigh their decisions and not possible vengeful actions of some. But this is all premature speculation, he just may eat some potent Som tam and die.

[Plus]

According to Thai's, he's as good as dead, when he either loses power, or runs out of money. In fact, from stories I've heard, its surprising the guy has never been pulled up on "lese majestie" type charges.

Soundman.

I hope he doesn't use this as a legal argument to fight extradition charges.

They can't put him on lese majeste becuase they'd need some hard evidence - a recording of some sorts at least.

Of course people who were there don't need to rely on courts to prove what they heard with their own ears. I think that's why lese majeste was mentioned as one of the reasons for the coup but nothing really went to courts.

[Plus]

Oh, yeah, I just remembered how British policemen cooperated with Thais to catch that stupid Tesco extrotionist. No problems there, and Thais would extradidte him if requested.

[soundman]

I hope he doesn't use this as a legal argument to fight extradition charges.

They can't put him on lese majeste becuase they'd need some hard evidence - a recording of some sorts at least.

Of course people who were there don't need to rely on courts to prove what they heard with their own ears. I think that's why lese majeste was mentioned as one of the reasons for the coup but nothing really went to courts.

Like the one where he was claiming to be his namesake (general Thaksin of bygone era.) & all his personal body guard's would laugh at K%%g Toxin jokes but never repeat them in official circles.

Meglamaniac!

Soundman.

[steffi]

The way to get tough with Thaksin is to get tough with his family. His family and relatives are alleged accomplices in all crimes Thaksin is charged with. So try them and arrest them without bail citing flight risk based on previous "no-shows" until Thaksin comes back to defend himself of the charges. That's what they would do if they were serious about following up with this.

Then if they want to delay the proceedings thru legal maneuvers let them whilst they rot in jail.

Edited June 25, 2007 by steffi

[pnustedt]

I think Thaksin is in a bit of a dilemma. I would not want to make a comment on what the UK would do but consider this,

Thaksin does not face a death penalty so that is out, and things are just about the same as when he left. If he was fine with the system back then, he will have a bit of a time trying to explain a double standard and why he should not go back.

Thaksin has no dilemma whatsoever. He will be able to stay in the UK as long as he wishes. There is no way that the UK authorities will listen to the jumped up incompetent junta trying to persecute the elected prime minister of Thailand.

An attempt to extradite a previous high profile public figure to Thailand can be found here

[geriatrickid]

Thaksin will not be extradited. He was legally elected and overthrown by a military coup. The justification for the coup is not at issue here. Unless there were significant charges like genocide, it's not going to happen. He can claim political refugee status if he so chooses. The West currently provides refuge for bonafide war criminals from Bosnia, Serbia, Rwanda, Sri Lanka etc. and nothing is done for those murderers.

IN a few years time when things cool down and perhaps after a new government is in place, he will return on his own and he will make peace. In the meantime, I have a feeling he has more FX reserves than the current government and can fight a war of words for a long time.

[John K]

Again a bit premature but he faces criminal charges not political charges. The body that investigated him was not set up by the junta and existed while Thaksin was PM. As I said he faces a dilemma. If the government has a solid case on Thaksin, and as appearance is everything in Thailand, they will give him a fair trial. In the long run it is better for Thailand to do it that way.