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Thaksin And His Wife Issued Arrest Warrants Over Ratchadapisek Land Case


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Posted

RATCHADAPHISEK LAND TRIAL

Pojaman excused from court hearing

Defence will fight controversial case on six points, including AEC mandate

The Supreme Court yesterday excused the absence of Pojaman Shinawatra during the Ratchadaphisek land case trial after a request from the defence.

The high court also ruled for the defence to submit written testimonies of legal experts in lieu of summoning them to the witness stand.

In a March ruling, co-defendant and ex-premier Thaksin Shinawatra had received the court's permission to be absent from witness hearings.

The court will today complete the examination of evidence before scheduling the dates to hear the prosecution and defence witnesses.

Pojaman, accompanied by her children and about 300 supporters, appeared before the high court's Criminal Tribunal for Political Office Holders, the special court for graft charges.

She submitted a final defence writ denying all charges and will summon about 30 defence witnesses, including former central bank chief MR Pridiyathorn Devakula, who had oversight of the land deal in 2003.

The prosecution contends that Thaksin and Pojaman abused power in violating a ban against office-holders and spouses to enter into a state contract. Authorised by Thaksin as spouse, Pojaman bought a Bt772-million plot on Bangkok's Ratchadaphisek Road from the Financial Institutions Development Fund (FIDF).

Lead defence lawyer Pichit Chuenban said the defence rebuttals would focus on six issues.

Firstly, Thaksin had no supervisory role over the FIDF and was not a contractual party to the deal made by his wife as a private citizen, and had no conflict of interest.

Second, the Assets Examination Committee (AEC) had no mandate to look into the land deal.

Third, the Council for National Security violated the rule of law to form the AEC for the arbitrary enforcement of law against Thaksin and his family.

Fourth, the FIDF was not an injured party affected by the deal and it failed to adhere to the Criminal Procedural Code when lodging a complaint against the co-defendants.

Fifth, the anti-graft law was suspended because of the 2006 coup when the proceedings were launched.

Finally, the prosecution request to seize the Bt772-million payment for the deal upon the conviction of the co-defendants violated the provisions on freedom as enshrined by the 2007 constitution.

- The Nation (today)

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Posted

Court to start trial on Ratchadapisek land on July 1

The Supreme Court yesterday scheduled July 1 to commence trial on the Ratchadapisek land case against ex-premier Thaksin Shinawatra and his wife Pojaman.

The prosecution and the defence will deliver respective opening statements to be followed by the hearing of witness testimonies, beginning on July 8.

The disputed parties will each call 22 witnesses to the stand. Each side has been allocated five sessions.

The prosecution witnesses will testify on July 8, 15, 22 and 25. The defence will take the stand on August 1, 5, 15, 19 and 22.

The high court has reserved two extra days, August 26 and 29, for the examination of additional evidence, if submitted.

Public prosecutors and defence lawyers are expected to inform the high court within seven days on how they plan to schedule their witnesses.

Lead defence lawyer Pichit Chuenban said Thaksin and Pojaman would testify in their defence although the dates for their respective testimonies have yet to be finalised.

"I confirm Thaksin and Pojaman will take the witness stand although I am still uncertain whether the two are to testify on the same day," he said.

He said the trial proceedings would be open to the public, dismissing speculation that the defence plans to petition for a closed-door session.

Chief prosecutor Seksan Bangsomboon said the prosecution initially planned to summon 42 witnesses but had no objection to the revised list because of the duplication of defence and prosecution witnesses.

The first prosectution witness called to the stand might be either the lead investigator of the Assets Examination Committee or activist Veera Somkwamkid who filed the compliant on the Bt772 million deal, Seksan said.

- The Nation (today)

  • 1 month later...
Posted

Court to Investigate Alleged Bribery Attempt by Politician

The Supreme Court president has set up an investigative team to probe the case of a politician's counselor giving a bribe of two million baht hidden in a snack box to the Court's officer.

Deputy Secretary-General of the Judiciary Office and Court of Justice Spokesman Sarawut Benjakul announced that the president of the Supreme Court has assigned three judges to perform an investigation into the case of a politician's lawyer giving a Court officer cash of two million baht packed in a snack box. Sarawut said the purpose of the appointment is to conduct further prosecution, and the inquiry can be done right away.

He did not reveal who was involved in the corruption or other details of the case, but he admitted that the evidence of two million baht in cash was found by officials and it has been returned to the owner.

The Court of Justice Spokesman added that this is an outrageous case and could destroy the court. When questioned on whether it is a case of bribery, he told everyone to wait for the investigation result.

The Supreme Court's division for political office holders is investigating the cases of ousted Prime Minister Thaksin Shinawatra for the Ratchdapisek land purchase scandal, former House Speaker Yongyuth Tiyapairat for electoral fraud, and former Deputy Interior Minister Wattana Assavahame for corruption in the Klong Dan waste water treatment facility project in Samut Prakarn Province.

Sources reveal that a Cabinet member who has a close relationship with the old power group has been invited by a Supreme Court judge to have a meal together at a luxury hotel in Bangkok.

- Thailand Outlook

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

other threads potentially involved with this bribery attempt:

http://www.thaivisa.com/forum/index.php?showtopic=148479

Deputy Leader Of The People Power Party To Stand Trial For Attempted Murder, Former Thaksin Cabinet Minister and 7 Police Officers accused

http://www.thaivisa.com/forum/index.php?sh...c=73352&hl=

Irregularities Investigation On Waste Water Treatment Plant

Posted

2 Million Baht left in ‘snack box' for court judge

A snack box left for a Supreme Court judge presiding over a high-profile case was found to contain two million baht when court staff opened it yesterday. Supreme Court President Wirat Limwichai ordered an immediate investigation into the matter and set up a panel comprising three other judges. Sarawut Benchakul, Deputy Secretary-General of the Office of the Judiciary, said a lawyer handling a high-profile case involving a politician left the box with a court official when he arrived to file a motion at the Supreme Court building in Sanam Luang. He gave instructions that the box be given to the judge handling the case. Following security regulations, court staff opened the box and found two million baht in cash stuffed inside. They then alerted the judge. He phoned the lawyer, who came to pick up the box before the matter reached Mr Wirat's ears. Mr Wirat said the inquiry panel would find out who left the box, for whom, and why the box was quickly returned and not kept as evidence. The findings would serve as the basis for further action. Although the money was returned, if it was found to be an attempt at bribery it would be deemed contempt of court and those involved would be punished. "This might be the most blatant act of bribery ever," Mr Sarawut said.

Continued here:

http://www.bangkokpost.com/breaking_news/b...s.php?id=128159

Posted

2 MILLION BAHT FOUND IN BOX

Court to probe 'gift of money'

The Supreme Court set up a committee yesterday to investigate an alleged attempt by a politician's lawyer to bribe court officials, which a spokesman for ex-prime minister Thaksin Shinawatra described as "a joke and impossible".

Sarawut Benjakul, Deputy Secretary-General of the court, confirmed a press report that a lawyer representing a politician had given a box of pastry filled with banknotes worth 2 Million Baht to a senior court official on Tuesday while submitting documents to the court.

He said the box and the cash were photographed, but were returned to the lawyer.

Supreme Court President Viruch Limvichai decided to set up a committee of three senior judges to investigate the matter, Sarawut said.

"The court has to follow legal procedures to carry out the investigation. If [the alleged bribery attempt] is found to be true, it is an infringement of court authority. The court will take further action if there is any violation of the law," the spokesman said.

"If it's really a bribery attempt, it's very scandalous. There has never been such an attempt before as far as the Supreme Court is concerned," he added.

However, the controversy will not result in any changes to the judges in charge of cases against various politicians.

"The judges dealing with the cases were selected by a general assembly of more than 100 fellow judges," Sarawut said. "I believe in their honesty and integrity. To change judges in charge of specific cases, there must be just cause, such as death or resignation. And changes of judges cannot be done while cases are under way."

He insisted that the persons approached by the unnamed lawyer in question were court officials, and not the judges dealing with the cases.

The Supreme Court's Criminal Division on Political Office Holders is currently dealing with separate cases involving three politicians: Thaksin, former House Speaker and People Power Party deputy leader Yongyuth Tiyapairat, and Vatana Asavahame - chairman of the coalition Puea Pandin Party.

Thaksin was scheduled to report to the court on Tuesday in a corruption case against him. However, he did not show up.

*REVOKE HIS BAIL THEN!*

Pichit Chuenban, a lawyer who represents both Thaksin and Yongyuth in two separate cases, did not answer phone calls when contacted yesterday.

Meanwhile, Pongthep Thepkanchana, who acts as Thaksin's spokesman, called the alleged bribery attempt a joke. "I don't think anyone would offer as much as 2 Million Baht to a court official who has no authority to change the result of a case," he said. *But they very well might attempt to do so when it is considered they told the court official to deliver the box to a judge who DOES have authority to change the result of a case*

He did not think it was an attempt to discredit the judges in charge of the cases in the hope of having them replaced.

"Only crazy people would do that," he said. *Thaksin fits that criteria*

Pongthep, who once served as Justice Minister in the Thaksin government, said political enemies were trying to link his boss to the matter. "But I insist that Thaksin's legal team won't think of doing it [paying a bribe]," he said. "I won't ask the lawyers myself. This is a joke rather than a real story."

-The Nation (today)

Posted

One hopes that they also took a photo of Toxin's lawyer taking the box of cash back. Although why a court of all places didn't hold on to material evidence like this is completely beyond me. Only in Thailand...............

Maybe the "pastry" wasn't sweet enough and was returned in contempt at such a paltry amount? :D

Either way, it doesn't bode well for a neutral, just outcome to this case............... :o

Posted (edited)

Thaksin's lawyer denies trying to bribe judges

Pichit Chuenban, personal lawyer of former prime minister Thaksin Shinawatra, denied Thursday that he tried to bribe court officials by giving a box filled with 2 Million Baht in cash.

"Our lawyer team is not involved in the attempt to change a panel of judges. We feel that the Supreme Court has been given us justice,'' Pichit said.

The Supreme Court on Wednesday set up a committee to investigate an alleged attempt to bribe judges by a politician's lawyer.

- The Nation

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

Thaksin's lawyer denies involvement in B2m cash

Lawyer of ex-premier Thaksin Shinawatra denied involvement in the two million baht cash left in a snack box for a Supreme Court judge on Wednesday in an attempt seen as to bribe the judge.

Lawyer Pichit Chuenban insisted the team of legal experts of Thaksin know nothing about this, nor do they try to change the judges deciding on cases concerning Thaksin and family.

He, however, admitted having gone to the court on Wednesday to file some papers on case involving Thaksin and wife Potjaman. :o:D:D

Continued here:

http://www.bangkokpost.com/breaking_news/b...s.php?id=128167

Edited by sriracha john
Posted
Does anybody know, where one can buy these very-special lunch-boxes, I'd gladly pay 100B+ per box ! :o

Try either of these locations...

Shinawatra Tower III, 1010 Viphavadi-Rangsit Road, Chatuchak, Bangkok 10900

or

Shinawatra University, 99 Moo 10, Bangtoey, Samkhok, Pathum Thani 12160

Posted

Pastrygate!

Judge would have had Bt2-million-bribe suspect behind bars 'on the spot'

Top Supreme Court Justice Kriengchai Jungchatupit says he would have arrested the lawyer suspected by many of attempting to bribe judges "on the spot."

The head of the court's division hearing cases against political-office holders says if he had been there at the time the alleged bribe was "left", the suspect would be behind bars.

"If I was there, I would have arrested him on the spot," says Kriengchai. "I would not have let him take the money back. I would have charged him with contempt." "I have learned that the person who brought the money to the court was arguing a case before the court earlier."

At lunchtime on Tuesday, a lawyer, believed to represent a politician, left a parcel of pastries filled with Bt2 million in banknotes with a senior court as he submitted court documents. The parcel and cash were photographed and returned to the lawyer.

"I was surprised the lawyer dared give Bt2 million to a court official," Kriengchai says. "That's a lot of money. When the official looked inside the box, he was shocked. He called a judge who was passing by."

Three senior judges are investigating the incident. There is no word as to when they will reach a conclusion.

Meanwhile, Bangkok senator Rosana Tositrakul wants the court to declare exactly what transpired. She says someone is clearly attempting to influence the court.

Chanasongkram police Colonel Rangsan Praditphol says no complaint has been made as yet. Police will wait to see what happens with the court's internal investigation, he adds.

A lawyer for ousted PM Thaksin Shinawatra, Pichit Chuenban, denies he was the one trying to bribe the court. "Our lawyers are not involved in this. We know the court will find this to be true, too," Pichit says. "We don't need to do this. Something like this never entered our heads. I'm confident the court inquiry will find the truth behind this." Pichit admits he and other lawyers representing the Shinawatras were at the court on the day in question. They were filing a motion with it on behalf of Thaksin and wife Pojaman.

He says they were at the courthouse for about 20 minutes but brought nothing with them except for legal documents.

- Daily Xpress (today)

Posted

Lunchbox lawyers identified

Information from several witnesses and footage from a closed circuit television camera at the Supreme Court's Crime Division for Holders of Political Positions indicated two lawyers could face charges, a Supreme Court source said on Friday. One of them is a lawyer known to be well-connected to Deputy People Power Party Leader Yongyuth Tiyapairat.

The Supreme Court's panel of judges appointed Friday morning to investigate the attempted bribery questioned one of the court's senior administrative officers who received the snack bag from one of the lawyers on June 10. The judges asked for details of his conversation with the lawyer.

Continued here:

http://www.bangkokpost.net/topstories/tops...s.php?id=128209

Posted
Lunchbox lawyers identified

Information from several witnesses and footage from a closed circuit television camera at the Supreme Court's Crime Division for Holders of Political Positions indicated two lawyers could face charges, a Supreme Court source said on Friday. One of them is a lawyer known to be well-connected to Deputy People Power Party Leader Yongyuth Tiyapairat.

The Supreme Court's panel of judges appointed Friday morning to investigate the attempted bribery questioned one of the court's senior administrative officers who received the snack bag from one of the lawyers on June 10. The judges asked for details of his conversation with the lawyer.

Continued here:

http://www.bangkokpost.net/topstories/tops...s.php?id=128209

Thaksin's best party (PPP=TRT) buddy (yongyuth) lawyer found with 2million thb in a bribe snack bag, on the same day, as thaksin's lawyers were there for the coming Rachadapisek case against Thaksin! Coincedence?

Here some news back in May, shrugging off "bad luck?"

http://www.nationmultimedia.com/breakingne...newsid=30070695

also read here: http://www.thaivisa.com/forum/index.php?showtopic=183317

Quote

Thaksin, Yongyuth undergo ceremony to terminate bad luck

Chiang Mai - Former prime minister Thaksin Shinawatra and Parliament President Yongyuth Tiyapairat Saturday underwent a ceremony to cast away their bad luck. The ceremony was carried out at the Sri Jomthong Stupa Temple in Jomthong district at 2 pm in the northern tradition.

Thaksin, and Yongyuth sat under a make-shift arch made of tree branches and banana leaves. Deputy Prime Minister Somchai Wongsawat and his wife, Yaowapha Wongsawat, also sat under the arch. During the ceremony, Yongyuth was heard saying "this is for casting away bad luck" and Thaksin added "that we did not initiate".

The Nation

Unquote

bad luck????

How can these two guys mix up bad-luck, with constant bribing other people? And some people even some farangs here, still having faith in those characters?

Posted

http://www.nationmultimedia.com/breakingne...newsid=30075534

Supreme Court president prohibits officials from speaking about Bt2 million bribe

The Supreme Court president has orders court officials and judges to stop speaking about the attempt to bribe court officials with Bt2 million.

A source from the court said the Supreme Court president ordered all officials to stop speaking about the bribery attempt until the investigation into it has been done.

The Nation

-----

we might never find out, who bribed for which case, but we all can guess

Posted
http://www.nationmultimedia.com/breakingne...newsid=30075534

Supreme Court president prohibits officials from speaking about Bt2 million bribe

The Supreme Court president has orders court officials and judges to stop speaking about the attempt to bribe court officials with Bt2 million.

A source from the court said the Supreme Court president ordered all officials to stop speaking about the bribery attempt until the investigation into it has been done.

The Nation

-----

we might never find out, who bribed for which case, but we all can guess

When this happens, the cynic in me can't help but think that the carefully controlled orchestration of events when wrong in this case, and the "pastry" should have been quietly accepted with grace and nobody would have been any the wiser that such blatant attempts to pervert the course of justice could ever happen on Thailand's fair shores. If the press had ever got wind of it, then the presiding judge was supposed to deny any knowledge of any money changing hands and it would set the scene for some proper bargaining about what should be the "right" decision to make. Pesky court officials blew the game out the water and now must be punished.

Of couse, this hypothetical situation described could never happen in Thailand, and it is all just idle speculating. Or is it? :o

Posted
Lunchbox lawyers identified

Information from several witnesses and footage from a closed circuit television camera at the Supreme Court's Crime Division for Holders of Political Positions indicated two lawyers could face charges, a Supreme Court source said on Friday. One of them is a lawyer known to be well-connected to Deputy People Power Party Leader Yongyuth Tiyapairat.

The Supreme Court's panel of judges appointed Friday morning to investigate the attempted bribery questioned one of the court's senior administrative officers who received the snack bag from one of the lawyers on June 10. The judges asked for details of his conversation with the lawyer.

Continued here:

http://www.bangkokpost.net/topstories/tops...s.php?id=128209

Thaksin's best party (PPP=TRT) buddy (yongyuth) lawyer found with 2million thb in a bribe snack bag, on the same day, as thaksin's lawyers were there for the coming Rachadapisek case against Thaksin! Coincedence?

Here some news back in May, shrugging off "bad luck?"

http://www.nationmultimedia.com/breakingne...newsid=30070695

also read here: http://www.thaivisa.com/forum/index.php?showtopic=183317

Quote

Thaksin, Yongyuth undergo ceremony to terminate bad luck

Chiang Mai - Former prime minister Thaksin Shinawatra and Parliament President Yongyuth Tiyapairat Saturday underwent a ceremony to cast away their bad luck. The ceremony was carried out at the Sri Jomthong Stupa Temple in Jomthong district at 2 pm in the northern tradition.

Thaksin, and Yongyuth sat under a make-shift arch made of tree branches and banana leaves. Deputy Prime Minister Somchai Wongsawat and his wife, Yaowapha Wongsawat, also sat under the arch. During the ceremony, Yongyuth was heard saying "this is for casting away bad luck" and Thaksin added "that we did not initiate".

The Nation

Unquote

bad luck????

How can these two guys mix up bad-luck, with constant bribing other people? And some people even some farangs here, still having faith in those characters?

it is bad-luck when you get catched while bribing. Anyway not happening much now......

Posted (edited)

Police to focus on backlog of political cases

Prayont Lasua, deputy commander of the CSD, has ordered investigators to concentrate on all politically-related cases pending inquiry in a bid to make progress in legal proceedings. Prayont said yesterday the move was meant to show that the police were not a tool of any political group. His statement was in response to heightened public doubt on police impartiality in dealing with political cases. Since 2005, the CSD has received a stream of complaints ranging from libel to lese majeste lodged by politicians, activists, and members of the public. This has tremendously increased the investigators' workload. Prayont said the sluggishness in dealing with the workload occasionally drew allegations that police failed to maintain neutrality in handling the cases. In a bid to clear the backlog of unsolved cases, police will prioritise them before sending them to the public prosecutors and the court, he said. Police earned a reputation of serving politicians while Thaksin Shinawatra, an ex-police officer, was in office before he was deposed in the 2006 coup. Veera Somkwamkid, secretary-general of the People's Network Against Corruption, complained about the lack of progress in a lawsuit he filed in 2004 against Potjaman Shinawatra in her purchase of land in Ratchadapisek and the alleged bribery committed by Thaksin and his sister, Yaowapa Wongsawat.

Continued here:

http://www.bangkokpost.com/News/15Jun2008_news11.php

Edited by sriracha john
Posted
Police to focus on backlog of political cases

Prayont Lasua, deputy commander of the CSD, has ordered investigators to concentrate on all politically-related cases pending inquiry in a bid to make progress in legal proceedings. Prayont said yesterday the move was meant to show that the police were not a tool of any political group. His statement was in response to heightened public doubt on police impartiality in dealing with political cases. Since 2005, the CSD has received a stream of complaints ranging from libel to lese majeste lodged by politicians, activists, and members of the public. This has tremendously increased the investigators' workload. Prayont said the sluggishness in dealing with the workload occasionally drew allegations that police failed to maintain neutrality in handling the cases. In a bid to clear the backlog of unsolved cases, police will prioritise them before sending them to the public prosecutors and the court, he said. Police earned a reputation of serving politicians while Thaksin Shinawatra, an ex-police officer, was in office before he was deposed in the 2006 coup. Veera Somkwamkid, secretary-general of the People's Network Against Corruption, complained about the lack of progress in a lawsuit he filed in 2004 against Potjaman Shinawatra in her purchase of land in Ratchadapisek and the alleged bribery committed by Thaksin and his sister, Yaowapa Wongsawat.

Continued here:

http://www.bangkokpost.com/News/15Jun2008_news11.php

"His statement was in response to heightened public doubt on police impartiality in dealing with political cases." I think there are no doubts at all.....It is very clear what the police is doing....

  • 2 weeks later...
Posted

It will be a real interesting day tomorrow...

Supreme court to issue ruling

Judge is to announce the verdict at 2pm

The Supreme Court will issue a ruling on whether a court official of the Supreme Court's Criminal Division of Political Office Holder received a pastry box filled with 2 million baht in cash.

Supreme Court Vice President Mongkol Thapthiang, who heads a panel comprising Supreme Court judge Weeraphol Tangsuwan and Issaret Chairat, will read the verdict at 2pm, a source said.

The source, a Supreme Court judge, said Pichit Chuenban - a lawyer for former prime minister Thaksin Shinawatra on the Ratchadaphisek land purchase - gave court testimony on Thursday.

Thana Tansri, another lawyer had also given his testimony in court.

The seven court officials involved in the incident made court statements on June 13. The judges have examined the events that occurred on June 10, at the Supreme Court's Criminal Division for Political Office Holders, including who was involved and what offences were committed.

The source said if the panel ruled anyone was found guilty of violating the court's authority in the incident, those convicted will be sentenced for up to six-months in prison without the court having to file a complaint with police, the source said.

"This incident happened in the Supreme Court, which is a high court. If the panel believes an offence of violating court's authority was committed and sentences those convicted to imprisonment without suspension of the sentence, the guilty parties cannot appeal the decision."

"If those convicted are lawyers, they cannot work as a lawyer in any court again. The Law Society of Thailand will also have to take legal action against the lawyers,'' the source said.

The judges will also decide whether there were grounds for believing a crime of bribery was committed.

"If there are grounds that anyone had the intention and committed bribery, they will face criminal action for the offence.''

If that is the case, court representatives will file a complaint with police to take action against those involved.

- The Nation

Posted

They should be making their announcement soon...

Snack-box case ruling today

The Supreme Court panel investigating the case in which a lawyer handed a snack box containing two million baht to a court official will make its finding public today. The panel of three senior judges has questioned seven people, including Pichit Chuenban, a lawyer representing former PM Thaksin Shinawatra, who made a court appearance that day. The panel might charge the lawyer with contempt of court for inappropriate behaviour in the court precincts, a source said. The offence is punishable by a maximum 500-baht fine and/or a six-month jail term. The panel could also decide whether the lawyer was guilty of attempting to bribe court officials, which is a criminal offence, the source said. Pichit and his team, representing Thaksin and his wife Potjaman, were at the court on June 10 to report the couple had returned from a business trip overseas.

The three-member panel, led by Supreme Court vice president Mongkol Taptiang, will report its finding at 2pm today.

Continued here:

http://www.bangkokpost.net/250608_News/25Jun2008_news13.php

Posted

Ratchadaphisek trial to start as AEC bows out

Today is the last day of the Assets Examination Committee's term, but tomorrow the Supreme Court begins the trial of the first case investigated by the agency.

Out of the 14 cases the AEC has investigated, the Ratchadaphisek land deal is the first to have successfully been brought before the Supreme Court's Criminal Division for Political Office Holders. The Attorney-General submitted it to the court on June 21 last year.

Other cases submitted to the court include the allegedly illegal introduction of two-and-three-digit lotteries, alleged irregularities in the government's rubber sapling project, and the case of Exim Bank's loans to Burma.

The AEC is quietly confident that the evidence in the Ratchadaphisek land case will convict former prime minister Thaksin Shinawatra.

The court will start hearing the case tomorrow and the AEC will be summoned to give testimony on July 29. The two sides will each field 22 individual witnesses. Examination of additional witnesses starts on September 2.

Udom Fuangfung, looked up to as the foremost corruption-buster in the AEC, headed the investigative panel for the case. In an exclusive interview with The Nation, he said he could not guarantee the AEC would win the case because it was up the court to interpret the relevant laws. However, he said he would not have sought indictment if he were not convinced of the merits of the case. The Office of the Attorney-General and Pachara Yutidhammadamrong - then the Attorney-General - also believed the case was solid and decided to indict the suspects, he said.

Statistics show the court has dropped less than 10 per cent of all cases on which the Attorney-General has ruled for indictment, Udom said. The AEC found that the offences committed in the land purchase concern Article 100 of the National Counter Corruption Commission Act and Articles 152 and 157 of the Criminal Code.

Udom said Article 152 incriminates only state officials, not their spouses or children. If wives or children commit the offence, the AEC cannot take recourse to this provision against them.

Article 100 (3) of the NCCC Act was drafted to plug legal loopholes over conflicts of interest following a high-profile case in which a politician evaded prosecution when his wife sold a plot of land to a state agency, even though he gained from the deal. It stipulates that husbands must be punished for offences committed by their wives.

If Thaksin is found guilty in this case, he faces up to 10 years in prison.

The legal dispute in this case centers on whether the prime minister has jurisdiction over every ministry. If he does, he is banned from having any vested interest in any ministry.

"The defendants cannot be dismissed by citing that the Financial Institutions Development Fund [FIDF] is a state enterprise,'' Udom said. The FIDF sold the Ratchadaphisek plot to Thaksin's wife Pojaman at what is alleged to be a preferential rate.

Udom added that if the justice system was not interfered with and the case judged fairly, the country's political knot would be untangled. "Please do not use extra power to distort the case, like what happened to independent agencies and even at court level, otherwise the problems facing the country will not end,'' he said.

The defendants now appear to be in a difficult situation as the head of their lawyer's team Pichit Chuenban was jailed for contempt of court for six months last week.

Udom and Klanarong Chantik, who have the most information in the case, will be the main players on the plaintiff side. On working with the AEC, Udom said he had decided to join the committee as soon as he was invited. "From the first day I started work till today, I believe I have been on the right path. Even though the decision deprived me of job opportunities, I thought I should do good deeds for the motherland,'' he said.

"Apart from losing job opportunities, I also have opponents whom I do not see as enemies. I have become a defendant in so many civil and criminal cases that I have lost count." He said the country would see less corruption if all checks-and-balances agencies joined hands at all levels to bring culprits to justice.

- The Nation (today)

Posted
Now another new problem for the defense.

The beauty is that Samak has been so blatant and the PAD have pushed just hard enough that you cannot see any of these being swept under the carpet; the oneupsmanship has led us to this point; let's hope it allows justice to be served now.

Awesome!

Posted (edited)

Supreme Court asks that 3 laws be reviewed by Constitution Court in Ratchada land scandal

The Supreme Court's Political Crimes division has scheduled a revision of the Attorney General Office's case against former Prime Minister Thaksin Shinawatra and his wife Potjaman Shinawatra.

The two are on trial for being named in contracts that would benefit them during a period in which both were legally bound from entering into such contracts.

The Supreme Court has ordered the Constitution Court to review laws derived from anti-corruption articles of the constitution. The articles mentioned are 4, 100 and 122 and supposedly are applicable to the land purchase in Ratchada.

The review however will not impede further action by the Supreme Court which will push forth with its investigations of the defendants, who are scheduled to report to courts on the 8th of July.

- ThaiNews

Edited by sriracha john
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