Thaksin And His Wife Issued Arrest Warrants Over Ratchadapisek Land Case

[sriracha john]

Court Sets July 8 to Hear Ratchada Land Deal Case

The Supreme Court division on political post holders resolved to seek a Constitution Court ruling on the legal controversies stemming from the graft fighting bill, following the request by a legal team of deposed Prime Minister Thaksin Shinawatra.

A tribunal of the Supreme Court division on political post holders which is in charge of reviewing the controversial land purchase in the Ratchadapisek area filed against former Prime Minister Thaksin Shinawatra and his wife agreed to seek a Constitution Court ruling on the legal controversies stemming from the 1998 bill on the National Counter Corruption Commission.

The complaint was filed by a legal team of the deposed prime minister.

The tribunal also resolved to continue its hearing into the charges against Thaksin and his close aides after the Constitution Court ruled that the formation and term extension of the now-defunct Assets Examination Committee did not violate the Constitution.

The Supreme Court's review over the charge on the land purchase will run as scheduled. This means that the first eye-witnesses for the plaintiffs will testify on July 8th.

Meanwhile, the deposed prime minister reportedly appointed Anek Kamchaum as his lawyer for the case to replace Pichit Chuenban, who was sentenced to six months in jail for offering kickbacks to a court officer.

Anek says he is not worried about the upcoming court hearing as he has already prepared all the necessary evidence to be presented before the tribunal.

- Thailand Outlook

Edited July 1, 2008 by sriracha john

[sriracha john]

Thaksin seeks interpretation of law

Claims NCCC business ban breaches charter

The Supreme Court's Criminal Division for Political Office Holders yesterday asked the Constitution Court to rule whether a NCCC law which forbids spouses of political post holders from involvement in any business dealings with state agencies is unconstitutional. A bench of nine judges of the Supreme Court's Criminal Division for Political Office Holders yesterday considered a complaint filed by former prime minister Thaksin Shinawatra and his wife on June 23. The couple questioned the legality of the NCCC law, claiming it contravenes the constitution. Thaksin and his wife are facing trial over Potjaman's purchase of 33 rai of land in the Ratchadapisek area from the Financial Institutions Development Fund (FIDF) under the Bank of Thailand. Thaksin was accused of abusing his position as prime minister by helping his wife get a heavy discount for the land purchase. The Supreme Court said it would continue to consider the land case while the Constitution Court considers the constitutionality of the NCCC law. The Supreme Court will not give its verdict in the case until the Constitution Court has decided. Nanthasak Poolsuk, who leads the prosecution and recommended indictment in the case, said that he was not surprised by Thaksin's move. The defendant had been demanding that from the very beginning. He did not believe the constitutionality request would delay the trial.

Continued here:

http://www.bangkokpost.com/020708_News/02Jul2008_news16.php

Edited July 2, 2008 by sriracha john

[soundman]

Anek says he is not worried about the upcoming court hearing as he has already prepared all the necessary evidence to be presented before the tribunal.

- Thailand Outlook

S&P was having a sale on pastry boxes?

[Jai Dee]

Court to rule on tax evasion case against Thaksin wife on July 31

The Criminal Court will rule on alleged tax evasion case involving wife of ex-premier Thaksin Shinawatra, her step-brother and her secretary on July 31. Mr Thaksin's wife Khunying Potjaman, her step-brother Bannapot Damapong and her secretary Karnchanapa Honghern were charged by the Office of the Attorney-General with conspiring to evade taxes amounting to 546.12 million baht in the 1997 transfer of shares worth 738 million baht in Shinawatra Computer and Communication Co.

The ruling will be handed down at 9am. The court said both sides must appear at the court on that day to hear the ruling in person.

More from the Bangkok Post here.

[steffi]

Everybody knows that all these cases against Thaksin will be found in their favour on the major charges largely because of technicalities like so and so didn't have jurisdiction to bring charges of such and such against them.

Court to rule on tax evasion case against Thaksin wife on July 31

The Criminal Court will rule on alleged tax evasion case involving wife of ex-premier Thaksin Shinawatra, her step-brother and her secretary on July 31. Mr Thaksin's wife Khunying Potjaman, her step-brother Bannapot Damapong and her secretary Karnchanapa Honghern were charged by the Office of the Attorney-General with conspiring to evade taxes amounting to 546.12 million baht in the 1997 transfer of shares worth 738 million baht in Shinawatra Computer and Communication Co.

The ruling will be handed down at 9am. The court said both sides must appear at the court on that day to hear the ruling in person.

More from the Bangkok Post here.

[sriracha john]

Everybody knows that all these cases against Thaksin will be found in their favour on the major charges largely because of technicalities like so and so didn't have jurisdiction to bring charges of such and such against them.

ya never know... same, same was said before each one of these events.... and yet.... they all... still happened...

Thaksin Resigns as Prime Minister

Thai court rejects April elections, Constitutional court calls for new parliamentary poll

Thaksin Resigns As Thai Rak Thai Party Leader

Thai Rak Thai Party Dissolved

Thaksin Banned From Politics For Five Years

Arrest Warrants Issued For Former PM Thaksin And His Wife

History in the above and in general has shown us countless times.... nothing is a sure thing.

[sriracha john]

People complain about corruption endlessly and how it's ingrained into the society and culture. Imagine the positive progress that could be made in changing this institutional corruption were the Shinawatra clan (father, mother, three children, mother's brother, and the father's sister) to each end up with 30 year prison sentences on the plethora of charges against them.

That sort of action would advance the ability of this country to finally start putting the brakes to this endless cycle of wholesale thievery tremendously.

It could advance this country untold decades in that regard.

Edited July 4, 2008 by sriracha john

[sriracha john]

holy shiz... just read these echoing comments...

Judiciary's take on Thaksin and allies can set new precedents

Former premier Thaksin Shinawatra, his wife and political allies appear to be heading toward a critical stage of what could be a decisive legal battle that will probably determine the ousted premier's eventual political future.

Yesterday, the criminal court announced that it will hand a verdict on an alleged 546 Million-Bat-Tax-Evasion case involving Potjaman Shinawatra on July 31.

On July 8, the Supreme Court on criminal offenses of political office holders is due to hold the first hearing on the Ratchadaphisek land case in which Thaksin is alleged to have abused his power while in office.

On the same date, the Supreme Court will also give its verdict on election frauds allegedly committed by Yongyuth Tiyapairat, the former Parliament President [House Speaker] and Thaksin's close ally.

On July 9, the Constitutional Court will rule whether Public Health Minister Chaiya Sasomsub is qualified to serve as Cabinet member, following his failure to publicly declare personal assets properly.

On the same date, the Supreme Court will also rule whether Vattana Asavahem of Puea Pandin Party, a member of the coalition government, is guilty in a corruption case.

On July 28 and July 30, the court will also decide whether it will hear another two cases against Thaksin and related people, involving the issuing of two- and three-digit lotteries and the granting of a 4-Billion-Baht loan to Burma.

Overall, the Thai judiciary now has a heavy responsibility.

Back in 2006, the judiciary, which is one of the country's three sovereign powers, with the other two being the executive and legislative branches, also played an important role.

For example, on May 8, 2006, the then Constitutional Court nullified the controversial April 2 general election and related polls.

On July 25, 2006, the Criminal Court handed a verdict against the Election Commission's then last three members who refused to take responsibility.

Thirayuth Boonmee, a widely respected social critic, then described both unprecedented decisions as part of the judicial-review process. In defense, Thirayuth argued that judicial review had become necessary because Thailand's representational democracy had its inherent weak points, resulting in the failure to fully abide by the intent of the Constitution. The Thammasat University lecturer also suggested back then that judicial review, if undertaken seriously, could help reform the country's political system in the long run. He cited India and Israel as examples where the high courts often expand their scope to cover more cases so that ordinary citizens, too, can be protected by the law.

- The Nation

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

Who knows... maybe Thailand IS finally ready to begin making some fundamental changes to how things are done.

There is tremendous potential over the following few weeks in the, much appreciated, time-line The Nation pointed out.

The courts will have a colossal opportunity soon to advance this country I consider home, monumentally.... and to that end,

LONG LIVE THE KING

[marshbags]

EDITORIALS

Courts can now take over ongoing national woes

Published on July 5, 2008 The Nation

Thaksin and Co to be judged by the judiciary, but the public must scrutinise the process to ensure fairness

Things are happening thick and fast in Thai politics. The good news is that they are happening without - or with a relatively smaller number of - threats of violence or intervention by the men in uniform. The bad news is that Thailand is becoming so tangled up in its long-standing crisis that we will have to live with unpredictability way into the foreseeable future.

With everything being equal, we welcome this option of giving the judiciary the final say on matters that have divided the country - the biggest one being the question of whether Thaksin Shinawatra was corrupt.

We welcome the judiciary's decisive role, not least because it removes a huge amount of tension from the streets. As economic storms keep battering Thailand and other countries, nobody knows how much longer the country can take the kind of trauma that overwhelmed all Thais on June 20, when anti-government protesters pushed through police barriers to besiege Government House. And we are through being kept on the edge by our prime minister whenever he feels like issuing a threat to use force to end the demonstrations.

Questions about the legitimacy of many of the cases going to the courts will linger. The best way to get out of the chicken-and-egg debate over whether the investigations against Thaksin are fair and legal is to look at the cases with an open mind. Of course, the investigations took place as a direct result of a military coup, and were carried out by panels appointed after the overthrow of the Thaksin government, but we will go nowhere claiming the investigations were illegitimate.

What Thais should look into is whether Thaksin and his associates broke any pre-coup law. It's the duty of the judiciary to answer that, but we should not play the role of passive observer. With everyone watching, it will help prevent any attempt at a summary crackdown on Thaksin under the guise of "legal process". If he is to be punished, society will have to help make sure the evidence against him was genuine, and laws had really been broken.

Thaksin's defence, on the other hand, should not waste its time questioning the legitimacy of the Assets Examination Committee and instead focus its efforts on proving that, for example, by approving his wife's bid for the auctioned Ratchadaphisek land, he didn't break any law governing people doing business transactions with the state.

For too long, this political war has involved attempts by rivals to outwit each other over technicalities. This is time for a real fight because otherwise the whole country will continue to get stuck in a detrimental battle of wits. Thailand's crisis started off as a legal crisis - should Thaksin have paid taxes? Was the Ratchadaphisek land deal legitimate? Were Ample Rich and Win Mark acceptable business transaction tools or part of illegal tax-evasion schemes? etc - but the lack of effective legal mechanisms to tackle the issues made it snowball into a political catastrophe.

Throwing those questions back to the court now is the best we can do, although we paid a big price for the gathering of evidence. Had our justice system been allowed to function independently when Thaksin was in power and tackle such issues as the Ratchadaphisek land purchase and Khunying Pojaman's share transactions, Thailand most likely would not have been so deep in this mess.

Critics are entitled to question the neutrality of this whole new legal process, but only if they had earlier protested the ineptitude of the Thaksin-era justice system at the top of their lungs. The coup was a fait accompli and the only way to live on with heads high is for Thais to scrutinise the cases again with clear eyes and open minds. Only then will justice be served.

Unquote.

This is also worth a read and if it plays out in a fair and just way, then i would like to think the end results relating to the time table above will have serious implications on not only Thaksins future but several of his coherts of which i include the present government.

I also think it compliments the time table article very well and for me plays a significant role in what has already taken place and more importantly the end results.

PAD of course, will, i,m sure add their exposure to any dodgy outcomes that cannot be logically be explained from a justice / evidence stance.

IMHO as always

marshbags

Edited July 5, 2008 by marshbags

[Plus]

While some could argue that it's just a witchhunt against a particular person/party that won't have any effect on the overall corruption, politicians WILL think twice before embariking on similar adventures. The feeling of impunity will be gone, at least for big scale projects. I'm sure it will have a domino effect down the chain, too - at least perception will change.

Similar things happen in politics - Samak might brag and posture about how no one can force him to do anything but he won't dare to provoke public protests similar to those that forced him to sack Jakrapob and call off charter re-write. Too much trouble for nothing.

Checks an balances finally appear to be working.

[nothingleftbutfaith]

People complain about corruption endlessly and how it's ingrained into the society and culture. Imagine the positive progress that could be made in changing this institutional corruption were the Shinawatra clan (father, mother, three children, mother's brother, and the father's sister) to each end up with 30 year prison sentences on the plethora of charges against them.

That sort of action would advance the ability of this country to finally start putting the brakes to this endless cycle of wholesale thievery tremendously.

It could advance this country untold decades in that regard.

Never going to happen.

[jumnien]

People complain about corruption endlessly and how it's ingrained into the society and culture. Imagine the positive progress that could be made in changing this institutional corruption were the Shinawatra clan (father, mother, three children, mother's brother, and the father's sister) to each end up with 30 year prison sentences on the plethora of charges against them.

That sort of action would advance the ability of this country to finally start putting the brakes to this endless cycle of wholesale thievery tremendously.

It could advance this country untold decades in that regard.

Never going to happen.

I agree. It doesn't seem like having the military junta take over the justice system and appoint the majority of the government is really going to rule out corruption. It will however secure spare parts for the Grippen fighters coming soon!

[younghusband]

People complain about corruption endlessly and how it's ingrained into the society and culture. Imagine the positive progress that could be made in changing this institutional corruption were the Shinawatra clan (father, mother, three children, mother's brother, and the father's sister) to each end up with 30 year prison sentences on the plethora of charges against them.

That sort of action would advance the ability of this country to finally start putting the brakes to this endless cycle of wholesale thievery tremendously.

It could advance this country untold decades in that regard.

Yes that would make people sit up and take notice, though to be fair -picking up Plus's point -none of the charges against Thaksin are in respect of megaprojects, and in fact they are rather thin.(The deadly charges aren't on the agenda).Having taken a contrarian position on Thaksin (not the man but the political changes he wittingly or unwittingly introduced) for so long it takes an effort of mind to remember how pervasive and unhealthy was his dominance of the business scene as his administration progressed.I always thought -and still do -that his real crime was the distortion and control that he imposed, the changing of the rules to benefit his interests.And yet there's a paradox here because in his vulgar and typically half baked way in a sense he did represent business modernity and a more competitive environment.My instincts tell me that he and clan will get a rap over the knuckles (and somehow eat shit) rather than imprisonment but who knows? Hypothetically let's assume they receive their just deserts but will this really have the hoped for demonstrative effect?

It's all about context really.I liked Korn's letter in the Bangkok Post today, particularly the clever final rhetorical question which in his Wykhamical way he knows can never be openly answered.I take the view that politics is a school of hard knocks, so exaggeration and invective between politicians is fair game.But like it or not lessons have been learnt from the Thaksin experience.Talk privately to leading Dems and they will agree.

[Plus]

The fact that there ARE charges against Thaksin is already an improvement. At least it shows that people understand the concept of lost money, maybe sometimes they'll understand the concept of lost lives, but I'm not holding my breath for that one.

I don't see any rhetorical questions in Korn's letter, he cleverly put the royalist group at the bottom of the enemies list but added the valid point about sacrificing national interests for business favours.

What I really liked is how Korn answered to Thitinan's ridiculous ideas about old money resisting redistribution of wealth. Need I remind you that this nonsense forms the basis of leftist defence of Thaksin taken up by many of our board members as undisputable truth.

And the link: http://www.bangkokpost.com/050708_News/05Jul2008_news98.php

[younghusband]

The fact that there ARE charges against Thaksin is already an improvement. At least it shows that people understand the concept of lost money, maybe sometimes they'll understand the concept of lost lives, but I'm not holding my breath for that one.

I don't see any rhetorical questions in Korn's letter, he cleverly put the royalist group at the bottom of the enemies list but added the valid point about sacrificing national interests for business favours.

What I really liked is how Korn answered to Thitinan's ridiculous ideas about old money resisting redistribution of wealth. Need I remind you that this nonsense forms the basis of leftist defence of Thaksin taken up by many of our board members as undisputable truth.

And the link: http://www.bangkokpost.com/050708_News/05Jul2008_news98.php

True that charges against Thaksin are a step forward.Trouble is that a neutral outsider's view point it does seem like a political vendetta.There are very real doubts about the evenhandedness of the Thai judicial system as again no neutral observer would deny.In a British court, if the cases were hypothetically tried there, it would take a smart QC little problem in demolishing the presented charges.As I think we agree the really damaging charges haven't been taken forward (answers why this isn't the case on a post card please....)

I don't have my Bangkok Post to hand.After a quick scan I give it to the maids to mop up dog poo.But I recall Korn saying something like, if there are any old money types objecting to Thaksin's redistribution policies Thitinan should name them.That's the rhetorical question I had in mind.

The slightly inconvenient truth is that Thitinan's thesis is broadly correct.You can tick the "leftist" box if you like but most fair commentators would go along with it (including I suspect Korn if I caught him alone and off the record).Only the other day Supavud Saicheua Of Phatra Securities, one of the few Thais I know in the financial sector with a really rigorous intellect and whom only the unhinged would call a lefty underlined the economic aspects of the anti Thaksin vendetta, specifically the elite's fear of globalisation and the impact of wealth distribution it would imply.

[hammered]

The fact that there ARE charges against Thaksin is already an improvement. At least it shows that people understand the concept of lost money, maybe sometimes they'll understand the concept of lost lives, but I'm not holding my breath for that one.

I don't see any rhetorical questions in Korn's letter, he cleverly put the royalist group at the bottom of the enemies list but added the valid point about sacrificing national interests for business favours.

What I really liked is how Korn answered to Thitinan's ridiculous ideas about old money resisting redistribution of wealth. Need I remind you that this nonsense forms the basis of leftist defence of Thaksin taken up by many of our board members as undisputable truth.

And the link: http://www.bangkokpost.com/050708_News/05Jul2008_news98.php

True that charges against Thaksin are a step forward.Trouble is that a neutral outsider's view point it does seem like a political vendetta.There are very real doubts about the evenhandedness of the Thai judicial system as again no neutral observer would deny.In a British court, if the cases were hypothetically tried there, it would take a smart QC little problem in demolishing the presented charges.As I think we agree the really damaging charges haven't been taken forward (answers why this isn't the case on a post card please....)

I don't have my Bangkok Post to hand.After a quick scan I give it to the maids to mop up dog poo.But I recall Korn saying something like, if there are any old money types objecting to Thaksin's redistribution policies Thitinan should name them.That's the rhetorical question I had in mind.

The slightly inconvenient truth is that Thitinan's thesis is broadly correct.You can tick the "leftist" box if you like but most fair commentators would go along with it (including I suspect Korn if I caught him alone and off the record).Only the other day Supavud Saicheua Of Phatra Securities, one of the few Thais I know in the financial sector with a really rigorous intellect and whom only the unhinged would call a lefty underlined the economic aspects of the anti Thaksin vendetta, specifically the elite's fear of globalisation and the impact of wealth distribution it would imply.

In all honesty I think it rather difficult to find anyone in a position of power or influence who could be described as a leftist in the real meaning of the word. In fact Thailand is rather lacking in leftists per se, and if I dare say so, probably to the detriment of its democratic development by excluding a whole area of debate as to the role of government, economics and people.

[Plus]

The slightly inconvenient truth is that Thitinan's thesis is broadly correct.

You are welcome to present ANY collaborating evidence.

There's a thread somewhere here, everytime I open it there's YH's post at the top saying "we all know bla bla bla", yet, as usual, no facts, no names, no specifics.

Do you want me to search for numbers on how the rich got only richer under Thaksin? If there was redistribution of wealth, it was about concentrating more money in fewer hands, not about the poor getting bigger crumbs off the table.

I remember Democrats raised this point a few years ago - "wealth" going to the poor was simply incomparable by the gains on the stock exchange. Yeah, Uncle Prachai finally lost his fortune, but that's about it, everyone else among the elites had a big party.

[sriracha john]

Thaksin trial starts series of legal actions

In the coming months, the courts will make decisions that may drastically change the way local politics is played. Tomorrow the Supreme Court Criminal Division for Political Position Holders will begin hearing the Ratchadaphisek land scandal case.

In this criminal case, ousted prime minister Thaksin Shinawatra and his wife Pojaman are charged with abuse of power for allegedly using their political privilege to buy prime land from the state.

Public prosecutors have prepared 22 witnesses. A team of lawyers for Thaksin and Pojaman will field an equal number of witnesses. The hearing will start with prosecution witnesses and run until September 2, after which the Supreme Court should hand down its verdict.

If they were found guilty, it could signal an end to their political standing because the decision cannot be appealed. Two weeks back, the couple faced a setback when three of their lawyers working on the land case were sentenced to six months in jail for contempt of court. The lawyers were found to have attempted to bribe court officials with 2 Million Baht stashed in a snack bag. Police have launched an investigation.

The Supreme Court has also grounded Thaksin by denying his request to travel abroad as the land case is about to start.

On July 31, it will rule on a tax evasion case against Pojaman Shinawatra involving her transfer of shares to her brother Bhanapot Damapong.

- The Nation (today)

Edited July 7, 2008 by sriracha john

[steffi]

Before that even happens Thaksin's lawyers will start playing the fear card.

The idea that if they are sent to prison or dealt with harshly that there would be untold violence in the country between his supporters etc.

People complain about corruption endlessly and how it's ingrained into the society and culture. Imagine the positive progress that could be made in changing this institutional corruption were the Shinawatra clan (father, mother, three children, mother's brother, and the father's sister) to each end up with 30 year prison sentences on the plethora of charges against them.

That sort of action would advance the ability of this country to finally start putting the brakes to this endless cycle of wholesale thievery tremendously.

It could advance this country untold decades in that regard.

Edited July 7, 2008 by steffi

[sriracha john]

People complain about corruption endlessly and how it's ingrained into the society and culture. Imagine the positive progress that could be made in changing this institutional corruption were the Shinawatra clan (father, mother, three children, mother's brother, and the father's sister) to each end up with 30 year prison sentences on the plethora of charges against them.

That sort of action would advance the ability of this country to finally start putting the brakes to this endless cycle of wholesale thievery tremendously.

It could advance this country untold decades in that regard.

Before that even happens Thaksin's lawyers will start playing the fear card.

The idea that if they are sent to prison or dealt with harshly that there would be untold violence in the country between his supporters etc.

It's a decision the country will need to make.

If he is let off, particularly if it's done so in a nontransparent bogus manner, it condones the continued pilferage of the Treasury, which their taxes filled. It not only reinforces corruption, it does so with someone who took it to whole new levels. It generates the sort of situation this country has been struggling with for over two years. It would also encourage his successors to take corruption to even still higher levels. "If Thaksin stole billions and nothing happened, why not?" would be the message sent.

OR, has the Thai Nation had enough? Do they accept that corruption is something that finally needs to be dealt wealth in a dramatic fashion if there's ever going to be any hope of controlling it and limiting it's destructive consequences. (presuming it's elimination is beyond the realm of possibility). "Enough is enough; we're mad as hel_l and we're not going to take it anymore" would be the message sent.

Do his most strident defenders, once realizing the cash cow is gone, thus have no incentive for violence, simply shrug and mumble "mai pen rai" to his being taken to Bang Kwang Prison? So much of Thaksin's "support" is superficial and not from the heart and those "supporters" wouldn't have the heart to initiate rioting.

Either way, these are times are VERY interesting and the path that the Nation takes over the next few weeks could well set the tone for the next decade and beyond. My hopes are this marvelous country chooses the path of non-violence, irregardless of which way things go in the various courtrooms.

I've had my hopes lifted previously during my intimate connection to the Philippines during its People Power revolution that ousted Thaksin's role model, Ferdinand... it was a letdown from that euphoria subsequently as that country continues to struggle. It is my humble opinion that it was well worth it as it was equally worth it to oust Thaksin. If either of those despots had continued even further, the problems that both of these countries are dealing with today, would be far dire.

Edited July 7, 2008 by sriracha john

[Tony Clifton]

The Supreme Court has also grounded Thaksin by denying his request to travel abroad as the land case is about to start.

It`s about f*&?% time!

Edited July 7, 2008 by Tony Clifton

[sriracha john]

I would just add that there's already been fairly dramatic changes made to simply get to this point of attempting to hold a leader accountable. The Courts have already, over the past couple of weeks, signalled that perhaps the status quo is no longer going to be acceptable. Like so many things, however, the crux is in the follow-through. To their continued adherence to increasing principles and improved integrity of the judiciary, I say...

LONG LIVE THE KING

[sriracha john]

Thaksin corruption trial begins

A corruption trial against Thailand's former Prime Minister, Thaksin Shinawatra, begins hearing evidence in Bangkok today.

Our Southeast Asia Correspondent, Karen Percy, reports Thaksin is accused of using his influence as prime minister to get his wife, Pojaman Shinawatra, a prime piece of public land in Bangkok at a cut-rate price.

Thai law prohibits politicians and their families from engaging in government related business deals. Pojaman Shinawatra, is also facing charges related to the 2003 land deal.

He is currently banned from politics but critics of the current government say he is effectively running the show from behind the scenes.

- Radio Australia / 08-07-08

Edited July 8, 2008 by sriracha john

[sriracha john]

An anti-government protester wears a mask featuring former prime minister Thaksin Shinawatra during a demonstration in front of the National police headquarters in Bangkok on July 7.

AFP

Nearly two years after coup, Thaksin goes on trial

BANGKOK - Nearly two years after a coup, ousted Thai premier Thaksin Shinawatra goes on trial Tuesday on corruption charges, the first in a raft of cases this month against his family and aides.

Thaksin is accused of using his political influence to help his wife Pojaman buy a plot of prime Bangkok real estate from the central bank at a sharply reduced price.

If convicted, Thaksin and Pojaman could face up to 13 years in prison. Because the case is going directly to the Supreme Court, they would have no avenue of appeal.

"We are confident that our evidence will be enough to prove in the court that Thaksin and his wife are not guilty," their lawyer Anek Khamchum told AFP.

The trial is expected to last two months, but in the meantime, the courts will also tackle a series of other cases against Thaksin's wife and several of his loyalists -- including the former speaker of parliament and serving cabinet ministers.

The legal drama is unfolding against a political backdrop that echoes the political instability that rattled Thailand in the run-up to the coup.

Thaksin's handpicked successor Samak Sundaravej led his supporters to victory in December elections. But just five months into his government, Prime Minister Samak faces street protests led by the same activists who had targeted Thaksin in the months before the putsch.

The Supreme Court has already clipped Thaksin's wings ahead of the trial. More than two billion dollars of his assets have been frozen, while the court has rejected a request from him to travel to China and Britain, where he owns Manchester City football club.

Three of his top lawyers were also jailed last month over claims they tried to bribe a judge with cash stuffed into a box of sweets. But the legal mess is also bogging down the current government, which is stacked with many close Thaksin aides.

Thaksin confidante Yongyut Tiyapairat had been voted the new speaker of parliament, but survived less than three months over claims of vote fraud. The Supreme Court is set to rule on that case Tuesday.

The health minister is in the dock over a share scandal, while the finance and labour ministers are defending themselves in a lottery controversy.

At the end of July, a criminal court will also rule on tax evasion charges against Thaksin's wife.

Some hope that the court's verdicts will end more than two years of political turmoil, if all the parties respect the results.

"The court is the only way out of the political crisis for both sides, if they respect the judicial system," said Sukhum Chaeleysub of Suan Dusit Rajabhat University.

But with Thai politics still starkly polarised, the eventual verdicts could instead deepen the tensions, regardless of how the courts rule.

"I'm afraid that the political crisis will persist regardless of the judicial decisions," said Thitinan Pongsudhirak of Chulalongkorn University. "The judicial decisions will be seen in partisan terms. One side will see it in a certain light, and the other side will see it in a different light."

- AFP

[steveromagnino]

True that charges against Thaksin are a step forward.Trouble is that a neutral outsider's view point it does seem like a political vendetta.There are very real doubts about the evenhandedness of the Thai judicial system as again no neutral observer would deny.In a British court, if the cases were hypothetically tried there, it would take a smart QC little problem in demolishing the presented charges.

Only the other day Supavud Saicheua Of Phatra Securities, one of the few Thais I know in the financial sector with a really rigorous intellect and whom only the unhinged would call a lefty underlined the economic aspects of the anti Thaksin vendetta, specifically the elite's fear of globalisation and the impact of wealth distribution it would imply.

With regards to the QC comment, I really don't see how you or I are in a position to comment without having seen the evidence; one could equally argue that had the asset concealment case in 2000/2001 gone before a genuinely impartial court, that there is no question he would have been banned for 5 years, such were the clear facts of that case (which since it has been and gone, and fairly apparent, unlike these other cases about to be presented).

I do believe, that yes, there is a bit of a vendetta going on to some degree; simply because as you say, the bigger cases they aren't able to 'stick' so they take what they can get.

If you had continued your conversation with Supavud or any of the other securities traders, private bankers or connected financiers, I would be awfully surprised if off the record they weren't willing to outline some of the multitude of money shifting, schemes and plans that virtually most of them were either involved in, knew about or witnessed. The brazen nature of the way TRT did business was so roughshod, it is hard to believe that there aren't hundreds of court cases.

Then again, one could say the same thing about the Mongrel Mob in NZ or the mafia in Italy.

This so called 'Elite' fear globalisation? TRT did little to really encourage globalisation; they didn't make many major law changes, the FTAs were pathetic for the most part used to help their own businesses and their finance reforms were non transparent and apparently mostly to get access to additional finance for their get rich quick schemes for the poor.

Look at Telco reform; completely stalled. Retail zoning.

If anyone did anything about globalisation it was the Dems. And that's one of the platforms that Thai Rak Thai used to get into power. To be honest.....I don't get the Phatra comment at all with regards to the fear of globalisation; the wealth distribution; sure; but because of globalisation and the virtually entirely non global nature of most of the TRT policies?

I don't know where Phatra's loyalties lie; just like GS, MS or any of these other finance houses, knowing who their clients are adds a lot to understanding their viewpoint.

[hammered]

An anti-government protester wears a mask featuring former prime minister Thaksin Shinawatra during a demonstration in front of the National police headquarters in Bangkok on July 7.

AFP

Nearly two years after coup, Thaksin goes on trial

BANGKOK - Nearly two years after a coup, ousted Thai premier Thaksin Shinawatra goes on trial Tuesday on corruption charges, the first in a raft of cases this month against his family and aides.

Thaksin is accused of using his political influence to help his wife Pojaman buy a plot of prime Bangkok real estate from the central bank at a sharply reduced price.

If convicted, Thaksin and Pojaman could face up to 13 years in prison. Because the case is going directly to the Supreme Court, they would have no avenue of appeal.

"We are confident that our evidence will be enough to prove in the court that Thaksin and his wife are not guilty," their lawyer Anek Khamchum told AFP.

The trial is expected to last two months, but in the meantime, the courts will also tackle a series of other cases against Thaksin's wife and several of his loyalists -- including the former speaker of parliament and serving cabinet ministers.

The legal drama is unfolding against a political backdrop that echoes the political instability that rattled Thailand in the run-up to the coup.

Thaksin's handpicked successor Samak Sundaravej led his supporters to victory in December elections. But just five months into his government, Prime Minister Samak faces street protests led by the same activists who had targeted Thaksin in the months before the putsch.

The Supreme Court has already clipped Thaksin's wings ahead of the trial. More than two billion dollars of his assets have been frozen, while the court has rejected a request from him to travel to China and Britain, where he owns Manchester City football club.

Three of his top lawyers were also jailed last month over claims they tried to bribe a judge with cash stuffed into a box of sweets. But the legal mess is also bogging down the current government, which is stacked with many close Thaksin aides.

Thaksin confidante Yongyut Tiyapairat had been voted the new speaker of parliament, but survived less than three months over claims of vote fraud. The Supreme Court is set to rule on that case Tuesday.

The health minister is in the dock over a share scandal, while the finance and labour ministers are defending themselves in a lottery controversy.

At the end of July, a criminal court will also rule on tax evasion charges against Thaksin's wife.

Some hope that the court's verdicts will end more than two years of political turmoil, if all the parties respect the results.

"The court is the only way out of the political crisis for both sides, if they respect the judicial system," said Sukhum Chaeleysub of Suan Dusit Rajabhat University.

But with Thai politics still starkly polarised, the eventual verdicts could instead deepen the tensions, regardless of how the courts rule.

"I'm afraid that the political crisis will persist regardless of the judicial decisions," said Thitinan Pongsudhirak of Chulalongkorn University. "The judicial decisions will be seen in partisan terms. One side will see it in a certain light, and the other side will see it in a different light."

- AFP

This is the reason that the future direction of politcs will be indicated so starkly very soon. Other cases against T will go off into the attorney generals back pocket or will be appealed through every court. In this case, there is no appeal, no dragged out ten year process. That is unless the constitutional court rules that the case is unconstitutional which I think they are considering in parallel to the supreme court case, but that decision aside we will have a clear yes or no on the corruption or cleanliness of Thaksin very soon. Who accepts it and who doesnt is another matter, but the courts are currently quite brutal on contempt, which is of course their right.

BTW Even if found guilty I dont expect to see either of the defendents in jail at any time.

Interesting case from Japan just breaking that could impact on Samak too.

[sriracha john]

Thai Supreme Court opens Thaksin graft trial

Thailand's Supreme Court opened corruption proceedings Tuesday against ousted premier Thaksin Shinawatra, in his first criminal trial since a coup nearly two years ago.

Thaksin is accused of using his political influence to help his wife Pojaman buy a plot of prime Bangkok real estate from the central bank at a bargain price. They each face up to 13 years in prison if convicted. Because the case is before the Supreme Court, they would have no avenue of appeal.

The flaboyant billionaire, who owns the Manchester City football club, and his wife did not attend the opening of the trial. Their lawyers had sought the court's permission for the proceedings to begin in their absence.

The hearing began with the judges simply asking prosecutors to call the first witness, former Thai Prime Minister Banharn Silpa-archa. *the Leader of a current coalition partner Party is the prosecution's first witness.. hmmm...interesting*

Another of Thaksin's predecessors, Chuan Leekpai, was also in the courtroom and expected to give testimony later.

The case centres on whether Thaksin as prime minister had direct control over the central bank's Financial Institution Development Fund, which sold land to Pojaman at one-third of its estimated value. Banharn and Chuan are expected to testify about what, if any, influence the prime minister has over the agency.

The case is the first in a slate of legal proceedings against Thaksin's aides and family this month. After Thaksin's case, the Supreme Court was set to decide Tuesday whether to proceed with vote fraud charges against the former Speaker of Parliament, Thaksin confidante Yongyut Tiyapairat.

Meanwhile the Constitutional Court was deliberating on whether Foreign Minister Noppadon Pattama, who was once Thaksin's personal lawyer, violated the law by signing a deal with Cambodia over a controversial temple on their border.

- AFP

Edited July 8, 2008 by sriracha john

[sriracha john]

Thaksin regime falling due to court verdicts

With his key lieutenants losing major cases, the former PM's own future is anything but assured

Prime Minister Samak Sundaravej added salt to Thailand's political wounds by saying in an interview in China that he would be detained at the airport upon his return to Bangkok. He was implying that there might be a coup against his government. Since he is now safe and free in Bangkok, we can conclude that Samak no longer has any credibility left.

Don't ever mention a coup again. It is outmoded. The Thai military learnt a dear lesson with the November 2006 coup. It is not a solution for the political future of this country.

The current deep-running political conflict can only be resolved by the rule of law. Now the judicial review is under way. A number of high profile cases are going to be tried by the Thai courts. Once the courts hand down their verdicts, Thai politics will move forward for the better, no matter whether we like the verdicts or not.

All eyes are now zooming onto the Ratchadaphisek land deal, in which Thaksin Shinawatra and his wife Pojaman have been charged with abusing their power. Pojaman purchased a prime land plot from the Financial Institutions Development Fund, a financial arm of the Bank of Thailand, with Thaksin's consent. Thai law prohibits public officeholders from directly engaging in financial transactions with the state.

Thaksin's case will go to trial today. The court verdict should be handed down some time in September of this year. Thaksin might have a tough time prevailing in this corruption case. If he were to lose in this high-profile corruption case, his political future would come to an end.

Suriyasai Katasila, one of the core leaders of the People's Alliance for Democracy, said over the weekend that friends of Thaksin in the military might stage a coup to help him escape from the court's verdict. Suriyasai's comment was highly speculative. It is not easy for the military - either friends or foes of Thaksin - to stage a coup under the present circumstances.

Thaksin must have some sleepless nights if he looks at the fates of his top lieutenants. Yongyuth Tiyapairat, the former House Speaker, will be facing a verdict from the Supreme Court's Office of Political Holders today in an election fraud case. He has already been given a red card from the Election Commission. If the Supreme Court finds him guilty, it would have negative consequences for the People Power Party, which might face dissolution, as Yongyuth is the party's Deputy Leader.

Three of Thaksin's lawyers - Pichit Chuenban, Supasri Srisawat and Thana Tansiri - have been sentenced to six months in jail for contempt of court. The contempt of court charge relates to 2 Million Baht stacked in a snack bag that was handed to Supreme Court officials. A bribery case is being launched against them. The three represented Thaksin and Pojaman in the Ratchadaphisek land deal.

Jakrapob Penkair, a Thaksin favourite, is now facing a lese majeste probe over remarks he made. Jakrapob lost his Cabinet job as PM's Office Minister.

Foreign Minister Noppadon Pattama, Thaksin's former personal lawyer, is also in hot water over Preah Vihear Temple. He is accused of conceding Thailand's sovereignty by allowing Cambodia to go ahead and file a sole application - rather than a joint application - for the Khmer temple to be on the World Heritage List. The Constitution Court will rule today whether his signing of a joint communiqu้ with his Cambodian counterpart on Preah Vihear violates the Constitution or not. Noppadon's political future is also very bleak.

If the fate of Thaksin's top lieutenants provides any clue, we are more inclined to believe that Thaksin would have an uphill battle winning the numerous corruption cases against him in the courts.

- The Nation

[sriracha john]

Thai Supreme court begins trial in Thaksin malfeasance case

BANGKOK, July 8 (TNA) - Thailand's Supreme Court Criminal Division for Holders of Political Positions opened trial Tuesday against ousted premier Thaksin Shinawatra on malfeasance charges in connection with the Bangkok land case.

The former prime minister became the first defendant in the case, charging malfeasance, focused on the Bangkok Ratchadaphisek land scandal in which his wife, as second defendant, was alleged to have purchased the property at a questionably low price of Bt 772 million (US$26 million) from the Bank of Thailand's Financial Institutions Development Fund (FIDF) in 2003 while he was in office.

Ousted by a September 2006 military coup for alleged corruption and abuse of power, Thaksin and his wife have denied any wrongdoing.

The deposed premier pleaded not guilty before the court in March and requested the court's permission to not appear at all hearings in relation to the case.

The trial began in Thaksin's absence with four key witnesses giving testimony to the court, the first among them being former Prime Minister Banharn Silpa-archa, Leader of the Chart Thai Party, a coalition partner in the current six-party coalition government led by Prime Minister Samak Sundaravej.

Another former Prime Minister Chuan Leekpai, now chief advisor of the opposition Democrat Party, would also be asked by prosecutors to testify.

[sriracha john]

Supreme Court begins trial on land deal against Thaksin

The Supreme Court began corruption proceedings Tuesday against ex-PM Thaksin Shinawatra in relation to the land deal case. It is the first criminal trial against him since he was ousted by a coup in 2006. Thaksin and his wife did not attend the trial's opening, as their lawyers had earlier asked the court to proceed in their absence. The court called Chart Thai Party Leader Banharn Silpa-archa in as the first witness. Banharn told reporters before testifying that he had not met with the couple and vowed to speak the truth. Democrat chief adviser Chuan Leekpai was also in the courtroom as he was expected to testify later. Thaksin and his wife are

Continued here:

http://www.bangkokpost.com/breaking_news/b...s.php?id=128769