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Former Prime Minister Samak Still Facing Corruption Charges


sriracha john

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New panel to look into fire trucks deal

The Interior Ministry has agreed in principle with City Hall's proposal to set up a joint panel to address its controversial 6.6 Billion Baht project to procure fire-fighting trucks and boats. Interior Minister Chavarat Charnvirakul yesterday said he would back the Bangkok Metropolitan Administration's call to form a six-agency committee to scrutinise and solve problems surrounding the suspended project.

The BMA has agreed to buy 315 fire trucks and 30 boats from the Austrian company, Steyr.

The National Anti-Corruption Commission found the contract, which is in the form of a memorandum of understanding, to be illegal and recommended that it be revoked. However, the Office of the Attorney-General (OAG) said City Hall could not terminate the deal. The two agencies then set up a joint panel to study the matter, but it has failed to reach a conclusion.

The purchase contract was signed in August 2004 by then Bangkok Governor Samak Sundaravej - one day before he left office.

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-- Bangkok Post 2009-06-09

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New panel to look into fire trucks deal

The Interior Ministry has agreed in principle with City Hall's proposal to set up a joint panel to address its controversial 6.6 Billion Baht project to procure fire-fighting trucks and boats. Interior Minister Chavarat Charnvirakul yesterday said he would back the Bangkok Metropolitan Administration's call to form a six-agency committee to scrutinise and solve problems surrounding the suspended project.

The BMA has agreed to buy 315 fire trucks and 30 boats from the Austrian company, Steyr.

The National Anti-Corruption Commission found the contract, which is in the form of a memorandum of understanding, to be illegal and recommended that it be revoked. However, the Office of the Attorney-General (OAG) said City Hall could not terminate the deal. The two agencies then set up a joint panel to study the matter, but it has failed to reach a conclusion.

The purchase contract was signed in August 2004 by then Bangkok Governor Samak Sundaravej - one day before he left office.

Continued:

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-- Bangkok Post 2009-06-09

The land of committees and no decisions

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AIN'T nothing wrong with the Steyr firetrucks,

these are solid and dependable products.

The SOLE problem rests with the Thailand side of the deal:

middlemen, politicians fronting for them, Polityical parties taking cuts

semi-discretely, and a panoply of interested parties lobbying for a cut

of the long term and manipulatable mantainance budgets.

Actual purchases from Steyr would be easy and done,

delivered years back, and in service today.

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Former National Police Chief claims Samak Administration systematically usurped his position

BANGKOK, 9 June 2009 (NNT) - Former Police Commissioner-General, Police General Seripisut Temiyavet, has made plans to reveal what he has deemed a systematic attempt to undermine his position as National Chief of Police.

Police General Seripisut yesterday said he would disclose the details of what he believed was an orchestrated campaign to replace him, alluding to former Prime Minister Samak Sundaravej's order to have him relieved from the position and scrutinized by a disciplinary committee.

The former police head said the event greatly dishonored and defamed him, noting that no clarification had been given to the public, as the disciplinary committee had issued no conclusions after more than a year.

Police General Seripisut will hold a press conference to elaborate on the details of his claims on June 16 at Novotel Hotel.

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-- NNT 2009-06-09

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Police Commissioner-General ... systematically usurped his position ... it will be interesting to know.

How far these corruption and abuse of power allegations will go.

Samak had recently (June 13) celebrated his 74th birthday.

Where he is now?

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The NCCC promises a court case really soon

Ahh, but the case is already with Attorney General now, got you!

The problem for the Attorney General is going to be Steyr imho.

Taking on a small Austrian company is one thing, but prior to the deal being signed, Steyr was 100% purchased by the American company General Dynamics. So to start with you have to include the foreign corruption policy act (FCPA) into the equation, which means a Department of Justice investigation.

The Attorney General is going to want an absolutely airtight case before taking Steyr into the Supreme Court for Political office holders, and without Steyr then I am not sure what the case for corruption is.

Without knowing in advance what a DOJ investigation unfolds, then in my opinion I see delay as being possibly the more pragmatic solution for the Attorney General.

But then again who knows....

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Sacked chief attacks Samak

Former National Police Chief Sereepisut Taemeeyaves yesterday blasted former prime minister Samak Sundaravej and accused him of unfairly dismissing him from the police force. Pol Gen Sereepisut said certain groups of corrupt civil servants, involved in "selling and buying" civil service posts, conspired with the Samak government to force him out of office.

He made the accusations during a press conference at a Bangkok hotel which was broadcast on ASTV, the People's Alliance for Democracy's TV channel. The press conference aimed to counter allegations Samak cited as grounds for Pol Gen Sereepisut's dismissal.

"Fourteen months have now passed and the inquiry panel still can't prove that I am guilty," the former police chief said. "The probe has made no progress. They have failed to meet the deadline." The law sets a one-year time limit for investigations into disciplinary violations by law enforcement officers, he said. In February last year, Samak transferred Pol Gen Sereepisut to an inactive post at the PM's Office.

Continued:

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-- Bangkok Post 2009-06-17

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  • 1 month later...

City seeks court order to kill fire truck deal

The Bangkok Metropolitan Administration is again asking the Office of the Attorney-General to seek a Civil Court order to cancel its contract to buy fire trucks and boats worth 6.7 Billion Baht.

Deputy City Governor Prakorp Chirakiti, acting on behalf of Governor Sukhumbhand Paribatra, who is on an official trip to the US, signed the second request on Tuesday, a BMA source said. The OAG told the BMA last month the contract between the city administration and its supplier, Austria-based Steyr Co, should not be terminated.

The OAG said it could not take immediate action because the memorandum of understanding between Thailand and Austria on the deal required the BMA and Steyr to first seek arbitration should there be any problem. MR Sukhumbhand responded by saying he wanted a court injunction that would allow the BMA to skip the Aug 10 payment to Steyr covering the sixth instalment of almost

Continued here:

http://www.bangkokpost.com/news/local/2075...fire-truck-deal

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-- Bangkok Post 2009-07-23

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He is rather silent... especially for him.

The cancer card was played, and that it is likely

a deal was struck,

shut the F**** up and we let you stay at home till???

I am tending to think he is actualy ill since no further court dates have been scheduled publically.

When he came back from the USA the deal was in place, much like many deposed Thai Leaders :

'Shut up and tend the garden', and you will be fine in your nice home.

Since so many in the past have taken the deal, one has to wonder about Thaksin's mind set.

He could have breezed by the jail term in luxury, still done business and made more and more money,

still be married to a Kunying, and still get fluff on the side, and likely gotten much of his sequestered pile back...

But he couldn't let his ego go and not stir the pot to boiling.

Likely hubris, blind, arrogant, un-relenting hubris.

Or is it something worse?

How many have taken the deal and lived out lives of luxury, but not Dr. T...

What was it Nixon said?

" Well you won't have Richard Nixon to kick around any more."

Edited by animatic
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  • 2 weeks later...

FIRE TRUCK SCANDAL

New report on BMA fire engines rejected

Attorney-General Chaikasem Nitisiri has rejected an updated report on the scandal plagued fire vehicle purchase project, calling it incomplete.

According to Chaikasem, the report prepared by the National Anti Corruption Commission (NACC) fails to mention the opinions of a joint panel of the NACC and the Office of the Attorney-General (OAG) as to who should be prosecuted and on what charges.

The joint panel was established to tighten the report on the controversial contract to buy fire vehicles from an Austrian supplier for Bt6.68 billion. Bangkok Metropolitan Administration (BMA) entered into the contract based on an agreement of understanding signed by Bhokin Bhalakula, then Interior Minister, and the then Austrian ambassador.

Several investigations have found that the project is mired in corruption.

"The NACC will have to improve on its latest report before it can put the case before the Attorney-General again," Deputy Attorney-General Waiyawuth Lohtrakul said. He heads a panel in charge of cases that damage the state. Waiyawuth said the OAG would bring the case to courts only if the Attorney-General shared the joint panel's opinion.

Deputy Attorney-General Sima Wannakowit says the OAG has not yet sought a court injunction to prevent payment of the next installment to the Austrian supplier. "We have to go through piles of documents before we can reach any conclusion," Sima said.

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-- The Nation 2009-08-01

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FIRE TRUCK SCANDAL

New report on BMA fire engines rejected

Attorney-General Chaikasem Nitisiri has rejected an updated report on the scandal plagued fire vehicle purchase project, calling it incomplete.

According to Chaikasem, the report prepared by the National Anti Corruption Commission (NACC) fails to mention the opinions of a joint panel of the NACC and the Office of the Attorney-General (OAG) as to who should be prosecuted and on what charges.

The joint panel was established to tighten the report on the controversial contract to buy fire vehicles from an Austrian supplier for Bt6.68 billion. Bangkok Metropolitan Administration (BMA) entered into the contract based on an agreement of understanding signed by Bhokin Bhalakula, then Interior Minister, and the then Austrian ambassador.

Several investigations have found that the project is mired in corruption.

"The NACC will have to improve on its latest report before it can put the case before the Attorney-General again," Deputy Attorney-General Waiyawuth Lohtrakul said. He heads a panel in charge of cases that damage the state. Waiyawuth said the OAG would bring the case to courts only if the Attorney-General shared the joint panel's opinion.

Deputy Attorney-General Sima Wannakowit says the OAG has not yet sought a court injunction to prevent payment of the next installment to the Austrian supplier. "We have to go through piles of documents before we can reach any conclusion," Sima said.

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-- The Nation 2009-08-01

I wonder if the fire trucks, ambulances and fire boats are still sitting on the dock in Lam Chaebang? How long has this been going on? ...at least 4 years...Probably a little rusty by now...and it is obvious that these vehicles were desperately needed if they are still sitting there and no replacements purchased...

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Hi All.

Can you tell me why he is not in prison for the Libel case . I thought he had his final appeal turned down.

phupaman.

Wealthy, influential people do not actually serve time in jail when they are convicted in Thailand, they are just embarrassed by having a guilty verdict read out to them. :)

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BMA insists it will not pay 6th installment of Austrian fire vehicles

Deputy Bangkok Governor Malinee Sukvejchaworakij Monday insisted that the city administration would not pay the sixth installment of the purchase of fire vehicles from Australia.

Malinee said the Bangkok Metropolitan Administration hoped a committee of 11 public prosecutors would file charges against the supplier of the fire trucks and boats in time for the BMA to prevent the Krung Thai Bank from remitting the sixth installment worth Bt750 million to the supplier through an Austrian bank.

The sixth installment is scheduled to be paid on August 10.

The BMA has inked a contract to buy the fire vehicles for Bt6.687 billion from Steyr-Daimler-Puch. The BMA has paid five installments for the supplier for Bt3.905 billion but decided to cancel the purchase after the National Anti-Corruption Commission found that the project was full with corruption.

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-- The Nation 2009-08-03

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BMA to not pay 6th installment of fire trucks purchase

BANGKOK, 3 August 2009 (NNT) - Deputy Bangkok Governor Dr Malinee Sukvejchaworakij insisted that the Bangkok Metropolitan Administration (BMA) would not pay the sixth installment of the purchase of fire boats and trucks from Austria, which was due on 10 August.

Dr Malinee stated that the BMA was waiting for the Attorney-General to deliberate whether to sue the supplier of the fire boats and trucks for the BMA in time. She elaborated that Krung Thai Bank had been ordered to withhold the sixth installment worth 756 million baht due on 10 August as well as refund the already paid amounts in the 5 previous installments. The Deputy Governor said the matter would be likely clarified this Thursday.

Dr Malinee elaborated that the BMA had earlier signed a contract on the procurement of fire boats and trucks worth 6.687 billion baht with Steyr-Daimler-Puch Company Limited in Austria and later decided to cancel the purchase.

Dr Malinee added that the BMA would file charges against the supplier itself if the Attorney-General decided to drop the case.

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-- NNT 2009-08-03

Edited by sriracha john
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Attorney-General vows counter lawsuit

The Attorney-General is vowing to file a counter lawsuit against a member of the Democrat Party who threatened to take legal action against him for alleged dereliction of duty regarding City Hall's controversial fire trucks and boats purchase.

Deputy Attorney-General Waiyawut Lortrakul yesterday expressed the possibility of a counter lawsuit in response to a threat from Yuthapong Charasathien, a former Democrat MP who now serves as an Adviser to the House Committee on Corruption.

Mr Yuthapong threatened to sue Attorney-General Chaikasem Nitisiri after he refused to act on the recommendation of the National Anti-Corruption Commission to file lawsuits against seven people suspected of involvement in the purchase of 315 fire engines and 30 fire-fighting boats for the Bangkok Metropolitan Administration at a cost of 6.7 Billion Baht.

Mr Yuthapong said he planned to ask the NACC to investigate Chaikasem for alleged negligence of duty.

Continued here:

http://www.bangkokpost.com/news/local/2141...counter-lawsuit

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-- Bangkok Post 2009-08-04

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Seven face indictment over fire-truck deal

NACC determined to go ahead with suit - but OAG still hesitant

The National Anti-Corruption Commission (NACC) will send the names of the seven people to be indicted over the Bangkok Metropolitan Administration's (BMA) 6.687 Billion Baht fire-truck deal to the Office of Attorney-General (OAG), a senior NACC official said yesterday.

NACC's Wicha Mahakhun, who heads the joint OAG and NACC panel tasked with assessing the case, said once the OAG had made its decision known, he would be convening a meeting of the panel next week to confirm that the NACC would be indicting the seven people.

"The NACC will go ahead with suing the seven people, regardless of whether the OAG files lawsuits against them or not," he said, citing previous incidents when the NACC had to sue individuals that the OAG let get away.

As for the civil lawsuit on the cancellation of the purchase contract, Wicha said it was up to the BMA and public prosecutors because it was not within NACC's power.

He revealed that BMA executives had consulted him on the matter earlier and he had suggested that a civil lawsuit be filed to cancel the contract. He would not say if the current BMA administration would have to pay the sixth instalment of 756 million baht due on August 10 because, he said, the time was not up yet.

The seven people facing indictment are: former Bangkok Governor Samak Sundaravej; former Bangkok Governor Apirak Kosayodhin; former interior minister Bhokin Palakula; former deputy interior minister Pracha Maleenont; former commerce minister Watana Muangsuk; the BMA's Public Disaster Prevention Office director Police Major-General Athilak Tanchukiat; and the Austrian firm Steyr Daimler Puch, which made the trucks and boats.

Meanwhile, Deputy Attorney-General Waiyawut Lortrakul, who chairs the prosecution team on cases found damaging to the state, said yesterday that the OAG and NACC joint panel had only publicised opinions about who were involved in the deal but did not clearly state who would be indicted and on what charges. Therefore, he said, the joint panel was told to reach a conclusion before the OAG decides on who should be indicted and sends that result to the NACC.

He also commented on the plan previously announced by Yuthapong Jarassathien, adviser to the Parliament's Anti-Corruption Committee, to have NACC investigate Attorney-General Chaikasem Nitisiri for wrongly refraining to perform duties if the OAG decides not to take action against the seven people. In that case, he said, the OAG would have to counter-sue because having different legal opinions was not against the law and that the OAG only worked within legal limits.

Meanwhile, the BMA is prepared to file lawsuits should the OAG not do so, and wants the OAG to retrieve the money paid to the Austrian company in the five installments on grounds that the contract was null and void since the very beginning.

Deputy Bangkok Governor Malinee Sukvejvorakij yesterday reported about progress in the city's request for the OAG to file a lawsuit to cancel the purchase contract and have the court temporarily suspend the Krungthai Bank's wire transfer to Raiffeisen Zentral Bank to meet the sixth installment.

She said an OAG committee was working on this and often asked the city for information, especially the details related to the installments paid so far. She said the result should be released by Thursday. She added that if the OAG would not file the lawsuits, the city would have a team of lawyers do it instead because the city administration was firm in its decision to not pay for the fire engines.

She said the BMA was also preparing to ask the OAG today to file a lawsuit and retrieve the 3.905 Billion Baht already paid to the Austrian firm along with interest and compensation on grounds that the contract was null and void from the beginning and that the fire-vehicles had not been used.

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-- The Nation 2009-08-04

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BMA hopes it can avoid 750 Million Baht installment

The Bangkok Metropolitan Administration is hoping that an administrative decision would finally allow them to not pay the 750 Million Baht installment to the Austrian manufacturer in the 6.68 Billion Baht firetruck procurement contract.

The Office of the Attorney-General, which is pondering the BMA request, said yesterday that it had not yet decided on whether it would file a lawsuit against Steyr Daimler Puch to nullify the deal. Deputy Attorney-General Seema Wannakowit said the OAG would decide within this week on whether or not it would represent the BMA over the matter.

Seema refused to give details about the split in the OAG commission on whether to help the BMA or turn down its request. However, he said the OAG panel would reach a final decision before August 10, which is the deadline for the payment. Under general administrative regulations, OAG is required to represent government agencies in criminal and civil cases. The BMA dropped its earlier idea to hire a private law firm to scrap the deal with Steyr and decided to rely solely on the OAG.

An OAG source said the BMA could be prosecuted for negligence if it agreed to pay the sixth 750 Million Baht installment without trying to save money by filing a lawsuit to scrap the deal.

The source said the OAG would have to officially announce its decision by Thursday, because a court injunction to halt the payment would have to be issued to the Krung Thai Bank, which does the BMA's monetary transactions, on Friday.

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-- The Nation 2009-08-05

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Court to rule on fire trucks payment today

The Central Intellectual Property and International Trade Court will today decide whether to suspend payments to the Austrian supplier embroiled in a fire vehicle scandal.

The sixth installment is due on Monday (August 10).

The court convened an urgent hearing yesterday to see if an injunction should be issued, following a request filed by public prosecutors. The court is due to announce its decision today.

The Bangkok Metropolitan Administration (BMA) asked public prosecutors to take action on its behalf.

"We cannot accept procurement from a project that lacks transparency," Bangkok Governor MR Sukhumbhand Paribatra said yesterday.

An informed source revealed the BMA needed to turn to the court or else its executives could be deemed negligent for failing to pay for fire vehicles as per a legal contract.

"Charges are likely because the National Anti-Corruption Commission (NACC) has already concluded that the deal is mired with graft," the source said.

NACC has already recommended legal action against two former city governors, plus several former cabinet ministers.

BMA has now sought to annul the purchase contract for the fire vehicle project and to get back more than Bt4 billion already paid to the supplier, Steyr Daimler Puch.

The supplier will be asked to pay back the total sum, plus interest of 7.5 per cent a year.

The court is expected to look into those matters later.

The procurement of the fire vehicles was based on a contract signed many years ago by a former interior minister and the then Austrian ambassador to Thailand.

But the NACC has said the deal was not complete and thus the Bt6.68billion purchase contract should not be legal binding.

Sukhumbhand said yesterฌday he would respect the court's decision. He said the BMA had prepared guidelines on how it should proceed if the court ruled in their favour, but the Austrian supplier refused to recognise it.

"We have a plan but I can't disclose it at this point," he said.

He noted that the initial deal and purchase contract were both signed in Thailand and, thus, covered by Thai law.

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-- The Nation 2009-08-07

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Court refuses to suspend payments to Austrian fire vehicle supplier

The Central Intellectual Property and International Trade Court Friday refused to issue an injunction to suspend payments to the Austrian supplier embroiled in a fire-vehicle scandal.

The sixth installment is due on Monday.

The Bangkok Metropolitan Administration asked the court to issue an injunction to allow it to suspend the sixth payment pending a judicial review whether the contract with the Austrian supplier, Steyr Daimler Puch could be annulled.

The court reasoned that the evidence produced by the BMA during the emergency hearing Thursday was not strong enough for establishing a proof of foul play that warranted the suspension of the remaining payments.

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-- The Nation 2009-08-07

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City's fire-trucks payment freeze rejected

The Central Intellectual Property and International Trade Court on Friday rejected an application from the Bangkok Metropolitan Administration for an injunction suspending payment of the sixth of nine scheduled installments on the scandal-ridden fire truck and boat purchase. The petition was filed by the Office of the Attorney-General (OAG) on behalf of the BMA. The sixth installment on the highly controversial contract, 780 million baht to Steyr Co, the Austria-based supplier, is due on Monday.

The court ruled that City Hall had not presented sufficient evidence to prove that there were irregularities in the payments of previous installments. The BMA had pinned its hopes on today's court ruling. The city administration believed that a decision in its favor would boost its chances of terminating the controversial 6.7 billion baht contract and of seeking a refund of the previous installments.

The prosecutors asked the court to rule on three points: the suspension of the sixth installment and remaining payments totaling 2.7 billion baht, the annulment of the purchase contract, and

Continued here:

http://www.bangkokpost.com/news/local/1513...n-plea-rejected

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-- Bangkok Post 2009-08-07

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FIRETRUCK SCANDAL

No payment suspension as injunction refused

The Bangkok Metropolitan Administration yesterday failed to secure an injunction for its plan to suspend further payments to the Austrian supplier at the centre of a fire-truck scandal.

The Central Intellectual Property and International Trade Court said the BMA had not presented adequate evidence to warrant an injunction.

"There is no solid proof that there is something wrong with the issuance of the letter of credit [L/C]," the court said. "As of now, there is also no final ruling to convict the supplier [the beneficiary in the L/C] of corrupt practice."

The court added that a suspension of the L/C, if granted, could seriously damage the issuing bank and its clients.

Had the court issued the injunction, the L/C issued by Krung Thai Bank at the request of the BMA would have been suspended.

Under the L/C for the Bt6.68-billion deal, the BMA has already paid Bt4 billion to Austria's Steyr Daimler Puch, the maker of |the fire trucks in the controversial deal.

The BMA must also pay four more instalments to the company, with the next Bt780 million due on Monday.

The BMA has been seeking a way to annul the purchase contract after the National Anti-Corruption Commission's (NACC) suggestion that it is mired in corruption.

Under the deal, the fire trucks are being sold to the authority at a highly inflated rate, it said.

After hearing the court's decision yesterday, Nikom Boonpitak of the BMA Disaster Prevention and Mitigation Division said he would consult BMA executives about the next move.

"We will decide later whether to appeal the court's decision," he said.

The Central Intellectual Property and International Trade Court is scheduled to start looking into the BMA request that Steyr Daimler Puch should return Bt3.9 billion plus interest of 7.5 per cent a year on February 22 next year.

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-- The Nation 2009-08-08

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Why the BMA is even attempting this type of action a real point of discussion. Whoever advised the BMA to approach via this avenue must be a real winner. If Thailand wants some of the monies spent on this deal back, go after the Thai's who were paid to finalize the deal. They should have had forethought enough to consider that LC's are the business worlds way of receiving payment for goods/services delivered. If the Thai government somehow managed to stop payment of a Irrevocable Letter of Credit it would bring real questions and I am certain hesitancy by companies to do business with the Thai Government. There are specific requirements for non payment of monies via LC's and possible corruption/kickbacks were never a part of LC's that I have seen. Another example of trying to blame the foreigner for the corruption within.

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Court refuses to suspend Steyr payment

The Central Intellectual Property and International Trade Court yesterday denied the Bangkok Metropolitan Administration an injunction to suspend the sixth payment in the fire trucks and boats purchase deal. Citing a lack of evidence against irregularities in the opening of a letter of credit in the 6.7 billion baht scheme, the court refused to order the suspension of the sixth and the remaining payments to Austria-based supplier Steyr Co.

In its closing statement the court said its refusal was based on the BMA's opening of the LC with Krung Thai Bank which was required to strictly follow laws governing international trade. Krung Thai Bank, which issued the LC to Steyr, was obliged to follow conditions specified in the LC and make the payments when the conditions were met.

The court said the suspension of payments could hurt the bank's credibility and the BMA should reconsider its decision.

Continued here:

http://www.bangkokpost.com/news/local/2167...d-steyr-payment

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-- Bangkok Post 2009-08-08

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  • 1 month later...

When the cabinet under Thaksin/Samak's direction all voted yes on the proposal,

they all showed they had never bothered to read or have advisers read and explain

the constitutional clauses pertaining to treaties and thei adoption.

Noppadom had no signing powers, and they had no signing powers until

AFTER the legislative vets and approves a treaty. They voted on the signing anyway,

and I expect others in the cabinet to also get charged, since they ALL took on powers

that they never were given. Such inept foolishness. And their 3rd string, under card replacements

the RED's choice to form a government.... still more foolishness.

Like an Alec Guinness movie, but no irony understood by the characters

Edited by animatic
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