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Thaksin Is Ordered To Come Home


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Extraditing Thaksin 'not easy'

Public prosecutors yesterday voiced concern that ousted prime minister Thaksin Shinawatra could escape extradition because his alleged crimes may not fall under the extradition treaty.

Atthapol Yaisawang, inspector to the Office of Attorney-General, said the charge of concealment of shareholder structure in SC Asset, which the Department of Special Investigation has pressed against Thaksin, perhaps cannot be used to seek extradition.

He said extradition could be sought only if the charge was for an offence that is a punishable offence in both countries. "If this charge is an offence in English law we can seek extradition," he said. Atthapol said public prosecutors have sought cooperation from concerned agencies and Interpol to help trace the whereabouts of Thaksin and his wife Khunying Pojaman Shinawatra since June 21, when the prosecutor indicted the two for graft and criminal charges in connection with the Ratchada-phisek land-purchase case.

The Assets Examination Committee, the Foreign Ministry and the Royal Thai Police are trying to find their whereabouts and will report to the prosecutors by Wednesday as they need to report to the judges on July 9.

If they cannot find their whereabouts, the prosecutors will have to ask the court to give them more time.

Initial investigation found that Thaksin lives in London and Pojaman is being treated in a Singapore hospital, but they need proof to show that both of them are in those places.

Nine judges earlier ordered prosecutors to find the whereabouts of both, if they could not bring them to court, before judges could decide whether to accept the suit.

Justice Minister Charnchai Likhitjittha ruled out that finding the whereabouts of Thaksin and Pojaman would be the deciding factor in whether the court would accept the suit. He said the court needed to know the registered addresses of both in Thailand.

He expressed confidence that the court would accept the Ratchadaphisek land-purchase case.

Source: The Nation - 30 June 2007

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Opinion

Exiled businessman says law not on govt's side in Thaksin extradition fight

Sun, July 1, 2007 : Last updated 23:04 pm

The extradition of Thaksin Shinawatra has no foundation in law; while Thai prosecutors can request extradition from the United Kingdom, the chance of success is virtually nil. In the briefest of terms, there are three principal reasons for this proposition:

1) The offence (fraudulent filings) for which extradition is currently being proposed is not a crime listed in the 1911 UK-Siam Extradition Treaty in accordance with Thai laws;

2) If the offence is not listed, the conduct defining the offence must amount to crime under the laws of both Thailand and the UK - at the best of times, this is going to be a significant hurdle - and

3) Under UK extradition legislation, there will be no extradition without a credible guarantee that Thaksin, and Khunying Pojaman for that matter, will not be tried for any other offence than that for which extradition is granted - this concept is not valid under Thai laws. (The Thai version of the 1911 UK-Siam Extradition Treaty makes no provision for such a restriction for trial; neither does the Thai Extradition Act.)

Rakesh Saxena

Vancouver, Canada

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Opinion

Exiled businessman says law not on govt's side in Thaksin extradition fight

Sun, July 1, 2007 : Last updated 23:04 pm

The extradition of Thaksin Shinawatra has no foundation in law; while Thai prosecutors can request extradition from the United Kingdom, the chance of success is virtually nil. In the briefest of terms, there are three principal reasons for this proposition:

1) The offence (fraudulent filings) for which extradition is currently being proposed is not a crime listed in the 1911 UK-Siam Extradition Treaty in accordance with Thai laws;

2) If the offence is not listed, the conduct defining the offence must amount to crime under the laws of both Thailand and the UK - at the best of times, this is going to be a significant hurdle - and

3) Under UK extradition legislation, there will be no extradition without a credible guarantee that Thaksin, and Khunying Pojaman for that matter, will not be tried for any other offence than that for which extradition is granted - this concept is not valid under Thai laws. (The Thai version of the 1911 UK-Siam Extradition Treaty makes no provision for such a restriction for trial; neither does the Thai Extradition Act.)

Rakesh Saxena

Vancouver, Canada

I am sure the government are fully aware of this as well. I personally have never been convinced they want him back. A lot of what gets said by all sides is for domestic consumption. That is the nature of politics.

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A lot of what gets said by all sides is for domestic consumption. That is the nature of politics.

and that's why they dislike this interweb thing ............................

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Things could change if Thais wait for more serious charges than fraudulent filing Rakesh is talking about. He doesn't make clear if fraudulent filing is lying on asset declarations or SC Assets stock listings.

Perhaps the one month delay in SC Assets case was to gain some time until Ratchada Land deal reaches the courts, or Shin sale tax case becomes a reality.

Apart from that Rakesh should have clarified what will happen to Thaksin while figthing extradition. Rakesh himself has nothing to show for it. In those days he was as big as Thaksin and now he lives in a small apartment in Vancuver and runs consultancy business over the Internet. Thaksin wouldn't settle for that.

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Opinion

Exiled businessman says law not on govt's side in Thaksin extradition fight

Sun, July 1, 2007 : Last updated 23:04 pm

The extradition of Thaksin Shinawatra

< snipped >

Rakesh Saxena

Vancouver, Canada

But someone purporting to be Rakesh Saxena, the former banker fighting extradition from Canada to Thailand on embezzlement charges, said in a letter to the Bangkok Post that the chances of Mr Thaksin being sent back here under the treaty were ''virtually nil''.

The offence of fraudulent filings was not listed as a crime under the treaty, according to the letter, which was emailed from Vancouver .

http://www.bangkokpost.com/News/03Jul2007_news12.php

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

Apparently both the Bangkok Post and the cited The Nation received this unverified Letter to the Editor.

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Lawyer: Thaksin ready to fight extradition

Deposed prime minister Thaksin Shinawatra is ready to fight any attempt by the Thai government to have him extradited from England, his lead lawyer said Tuesday.

"If they want to extradite him it's not going to be easy," warned Thaksin's lawyer and spokesman Noppadon Pattama, who was in London two days ago where he allegedly met with members of the Queen's Counsel - Britain's appointed barristers - to discuss a possible extradition request by Thailand.

"The Queen's Counsel assured me that we could fight an extradition case," Noppodon told a press conference in Bangkok. "Everyone knows that his is not a criminal corruption case but a political case."

The Post Publishing Public Co

Apparently both the Bangkok Post and the cited The Nation received this unverified Letter to the Editor.

thanxs for the heads up on that

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Why do I get the feeling a small group of Thais may visit Thaksin and invite him back in a more personal way.... :o

Because very little of what you say or apparently believe has much connection with reality.

Why not? It was Thaksin’s suggestion to begin with.

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Thaksin, resisting return to Thailand, unlikely to be extradited

"Mr. Thaksin's attorney said he had consulted with reputed British legal experts who assured him that it would be unlikely for the former prime minister to be extradited.

The British courts might rule to keep Mr. Thaksin from being returned to Thailand against his will."

From: TNA

LaoPo

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Thaksin, resisting return to Thailand, unlikely to be extradited

"Mr. Thaksin's attorney said he had consulted with reputed British legal experts who assured him that it would be unlikely for the former prime minister to be extradited.

The British courts might rule to keep Mr. Thaksin from being returned to Thailand against his will."

From: TNA

LaoPo

Which is all according to Thaksin's lawyer. :o

It'll be interesting to see what the British courts really said, that is, if they said anything at all at this juncture.

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Meanwhile...

AEC threatens to seek arrest warrant against Pojaman

The Assets Examination Committee (AEC) Tuesday threatened to issue a warrant of arrest against Pojaman Shinawatra if she refused to report herself and testify on the 2006 Shin Corp deal.

"Potjaman's no show will lead to her arrest and if she is abroad, then this will prompt an extradition request," AEC chairman Nam Yimyaem said.

Nam was reacting to remarks by legal adviser Noppadon Patama claiming that his clients, ousted premier Thaksin and his wife Pojaman, would not return to Thailand before the general election.

According to news reports, Pojaman is undergoing a medical checkup in Singapore and Thaksin is living in self-imposed exile in London.

- The Nation

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

Will they need to requisition a special cattle truck to conduct the extradition???

:o

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Thaksin, resisting return to Thailand, unlikely to be extradited

"Mr. Thaksin's attorney said he had consulted with reputed British legal experts who assured him that it would be unlikely for the former prime minister to be extradited.

The British courts might rule to keep Mr. Thaksin from being returned to Thailand against his will."

From: TNA

LaoPo

Which is all according to Thaksin's lawyer. :o

It'll be interesting to see what the British courts really said, that is, if they said anything at all at this juncture.

He needs to be careful where he is parking the mercedes' whilst he is in London after the events over the weekend

As the cases against mr 't' seem to be progressing slowly and methodically he might find it worthwhile to move to a country that is less likely to hand him over to the Thai authorities.

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Thaksin, resisting return to Thailand, unlikely to be extradited

"Mr. Thaksin's attorney said he had consulted with reputed British legal experts who assured him that it would be unlikely for the former prime minister to be extradited.

The British courts might rule to keep Mr. Thaksin from being returned to Thailand against his will."

From: TNA

LaoPo

Which is all according to Thaksin's lawyer. :o

It'll be interesting to see what the British courts really said, that is, if they said anything at all at this juncture.

He needs to be careful where he is parking the mercedes' whilst he is in London after the events over the weekend

As the cases against mr 't' seem to be progressing slowly and methodically he might find it worthwhile to move to a country that is less likely to hand him over to the Thai authorities.

While I dont expect him extradited you make an excellent point about slow methodical cases. These are the kind that will stand up better in court (it took a fair while to bring Ken Lay to court and then he dropped dead just after the verdict).The ex-PMs supporters charges of you havent found anything on him yet after a month or two or six can easily be seen as politcal attempts to goad the government into rushed and inevitably flawed cases that would not hold up in court.

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Thaksin says he won't return to Thailand unless fair trial guaranteed

TOKYO, July 5 KYODO

Ousted Thai Prime Minister Thaksin Shinawatra said Thursday he will not return to Thailand and answer the corruption charges against him unless he can be sure that a fair trial can be guaranteed.

''If I go back, it means that I will not be getting a fair trial anyway,'' Thaksin, now in exile abroad, said in an interview with Kyodo News. ''I will return to face the facts and trial if and when the justice system goes back to normal.''

kyodo.co.jp

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from the same article:

On what he will do from now beyond politics, he said he plans to create an international foundation dealing with the study and research of water. The foundation is to be launched in August.

:o:D :D

Any connexion to 'taking the ...iss'?

Regards

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from the same article:

On what he will do from now beyond politics, he said he plans to create an international foundation dealing with the study and research of water. The foundation is to be launched in August.

:o:D :D

Any connexion to 'taking the ...iss'?

Regards

I thought it was because of his hydrocephalic square-head.

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Thaksin says he won't return to Thailand unless fair trial guaranteed

TOKYO, July 5 KYODO

Ousted Thai Prime Minister Thaksin Shinawatra said Thursday he will not return to Thailand and answer the corruption charges against him unless he can be sure that a fair trial can be guaranteed.

''If I go back, it means that I will not be getting a fair trial anyway,'' Thaksin, now in exile abroad, said in an interview with Kyodo News. ''I will return to face the facts and trial if and when the justice system goes back to normal.''

kyodo.co.jp

normal being defined as totally influencable by me and my friends.

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Thaksin insists he will not return to Thailand

Former prime minister Thaksin Shinwatra told a Japanese news agency that he would not return to Thailand now because he was not sure that he would receive fair judicial treatment.

A pro-Thaksin website (www.hi-thaksin.net) quoted him as telling Kyodo news agency on Thursday he would definitely not receive fair trials if he returned to Thailand to defend himself in the legal cases against him.

He said he would wait for democracy and fair judicial system to be restored first before he would decide to return to Thailand.

Source: The Nation - 05 July 2007

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I was just noticing Thaksin was opening a new website with a board you can post on. His achilleas heal is showing that he can’t keep his mouth shut. and I wonder just how long before Thaksin does a ‘Singapore’ in the UK and the British government sends him packing. Quiet deposed is one thing, still on the attack is another.

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CNS Chairman assures Dr. Thaksin of his safety

The Chairman of the Council for National Security (CNS) and Royal Thai Army Commander-in-Chief, Gen. Sonthi Boonyaratglin, insists that the security units are ready to provide security for deposed Prime Minister Thaksin Shinawatra if he returns to Thailand to fight his charges in the middle of next month.

Gen. Sonthi says Dr. Thaksin has to return to Thailand to fight his charges after the court has approved the petitions. The CNS Chairman says the government has not yet decided whether the police or the army will provide security for Dr. Thaksin, but he asserts that the security units will provide him with maximum security.

Source: Thai National News Bureau Public Relations Department - 11 July 2007

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CNS Chairman assures Dr. Thaksin of his safety

The Chairman of the Council for National Security (CNS) and Royal Thai Army Commander-in-Chief, Gen. Sonthi Boonyaratglin, insists that the security units are ready to provide security for deposed Prime Minister Thaksin Shinawatra if he returns to Thailand to fight his charges in the middle of next month.

Gen. Sonthi says Dr. Thaksin has to return to Thailand to fight his charges after the court has approved the petitions. The CNS Chairman says the government has not yet decided whether the police or the army will provide security for Dr. Thaksin, but he asserts that the security units will provide him with maximum security.

Source: Thai National News Bureau Public Relations Department - 11 July 2007

:o

LaoPo

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ASSETS CHARGES

Thaksin is ordered to come home

Govt threatens extradition, but says safety will be guaranteed

Ousted prime minister Thaksin Shina-watra and his wife Khunying Pojaman must turn up by June 29 to hear formal charges of assets concealment involving SC Asset or face arrest warrants and extradition.

Department of Special Investigation director-general Sunai Manomai-udom said yesterday representatives of SC Asset, the family's property company, and Busaba Damapong, the wife of Pojaman's step-brother Bhanapot must also turn up to be officially informed of the charges.

"All must come in person, including Thaksin who cannot use political circumstances as an excuse or authorise any representatives," he said.

"In a criminal case, representatives are not applicable. If the charged individuals intentionally avoid meeting the investigating officers, they face an arrest warrant. If they are abroad, they will be extradited."

Sunai said technically the accused could postpone their appearances three times. Only then could police issue arrest warrants.

Since the Army seized control late last year, Thaksin has remained overseas.

Prime Minister Surayud Chulanont said yesterday the government would guarantee Thak-sin's safety if he chooses to return and fight the char-ges against him.

"We will provide safety for him once he returns home to defend himself against the charges as it is our duty. I can give an assurance that all relevant government authorities will provide him with the necessary security," Surayud said.

He said Thaksin would not be taken into custody if he returned home, but he should contact the government before deciding to do so. Thaksin had earlier vowed he would end his exile and return to fight the Assets Examination Commit-tee's freezing of his assets. He has since backed down from that commitment.

Meanwhile, Pojaman yesterday also failed to show up

before the Assets Examination Committee that is investigating her Shin share sale, saying she was ill in Singapore.

The DSI yesterday announced there was evidence the accused conspired in concealing their shares in SC Asset, a listed company, which is in violation of the Securities and Exchange Act. Involved are four overseas funds - Win Mark, Value Investment Mutual Fund (VIF), Overseas Growth Fund (OGF) and Offshore Dynamic Fund (ODF).

"The investigating team also found Thaksin could have violated the anti-corruption law. He could have intended to conceal the shares when he was the prime minister, and he could have committed actions for control or benefits from the companies. This will be a separate case that the DSI will forward to the National Counter Corruption Commission," Sunai said.

On the SC Asset case, he said the DSI had "convincing evidence" that Win Mark, VIF, OGF and ODF were nominees of Thaksin and his wife.

"They were the beneficial owners and controlled power over the shares of SC Asset and five other companies, which had been held by the funds," Sunai said.

Backing up the charges are documents and individuals, including a document that showed Win Mark's investment of Bt1.527 billion came from Thaksin, he said.

Meanwhile, the DSI has no evidence that shows Thaksin's daughters Pinthongta and Paethongtarn, who are SC Asset's shareholders, either knew or were involved in the alleged action.

SC Asset (formerly OAI Property) was set up before 2000 by Thaksin and his family. A portion of shares in the company, as well as five other companies owned by his family, were sold to British Virgin Islands-registered Win Mark in mid-2000 at the combined value of Bt1.527 billion. The other five companies are PT Corporation, Worth Supplies, BP Property, SCK Estate and SC Office Park.

Three years later, Win Mark sold SC Asset shares to VIF. In the same year, VIF forewent the rights for new SC Asset shares to Thaksin's daughters - Pinthongta and Paethongtarn - who automatically netted Bt71 million in capital gains from the new shares, which were priced at Bt15 against Bt10 par value.

Shortly after that, VIF transferred the SC Assets shares to OGF and ODF, which held the shares until August 2006.

In 2004, Win Mark sold shares in the other five companies to Pinthongta and two family companies at cost, raising doubts of its intention in having held the shares for a long time.

The DSI's investigation concluded that in filing its initial public offering application in 2003, SC Asset failed to include shares owned by OGF and ODF in the Shinawatra family's stake. If included, the family's stake could have been 79.87 per cent, not 60.82 per cent as stated, which meant a controlling power over the company. That action violated the SEC Act and Busaba, then director who co-certified the filing, is liable to five years imprisonment and fines twice the value of the securities involved.

As OGF and ODF are Thaksin and Pojaman's nominees and sold shares in four lots in 2006, as beneficial owners, both of them were required to report new shareholdings to the SEC.

Failing to comply with the law, they could be sentenced to five years jail and fines of twice the value of the securities involved.

The DSI investigation was completed in cooperation with the Securities and Exchange Commission, which earlier was criticised for being lenient toward the Shinawatra family by not charging anyone involved in the alleged share concealment.

SEC deputy secretary-general Prasong Winaipaet said yesterday it was the SEC that first spotted the evidence but decided to forward it to the DSI which has power to press for additional information.

He said the SEC was prepared to for similar cooperation in other cases.

-The Nation

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In America what we do with politicians when they are through is build a library in their "honor" for their papers, etc., send them on speaking engagements,

and generally move on. I think this policy should be looked at by the Thais. They seems to be forever muckraking which while dramatic, is probably not a good idea. This way, Thaiksin could just fade out with his money instead of creating an upheaval (again). I think the leadership here needs to take a psychology course.

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"I have started to keep track of dates in Outlook."

I am sorry but i find this hilarious.

Is this in general as one does or Thaksin specific?

Does hypnotism help with paranoia or do you have to see a real medical specialist for that and not a snake oil salesman?

not a chance he will come back ,if he asks for political asylum in uk due to the coup he will get it,court via satalite i feel :o

is there an extradition agreement between the two countries?

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I was just noticing Thaksin was opening a new website with a board you can post on. His achilleas heal is showing that he can’t keep his mouth shut. and I wonder just how long before Thaksin does a ‘Singapore’ in the UK and the British government sends him packing. Quiet deposed is one thing, still on the attack is another.

Achilles heel is the word you were intending to use, I dont think 'heal' is part of Toxin's vocabulary quite frankly, but we understood what you meant despite my pedantic/pedagogical stance... :o Dukkah

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I was just noticing Thaksin was opening a new website with a board you can post on. His achilleas heal is showing that he can’t keep his mouth shut. and I wonder just how long before Thaksin does a ‘Singapore’ in the UK and the British government sends him packing. Quiet deposed is one thing, still on the attack is another.

Achilles heel is the word you were intending to use, I dont think 'heal' is part of Toxin's vocabulary quite frankly, but we understood what you meant despite my pedantic/pedagogical stance... :D Dukkah

:o

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