Supreme Court Sentences To Six-months In Jail Lawyer In Pastry Gate

[WISteve]

"Thaksin's lawyers imprisoned"

Sounds to me like they are behind bars now.

And that's a good thing in light of their conviction.

Tampering with a judge or jury is a serious matter and I'm glad they were found guilty and received swift justice.

Now how about the man and his money behind it all?

~WISteve

[nomoretalksin]

EDITORIALS

The rule of law lives to fight another day

By The Nation

Published on June 26, 2008

Prison sentences handed down to Thaksin's lawyers show there is still faith in justice

The Supreme Court has given us renewed hope that the rule of law in this country still works. Yesterday it sentenced three lawyers who work for former prime minister Thaksin Shinawatra and his wife, Pojaman, to six months in prison without probation. This verdict is almost earth-shattering.Pichit Chuenban, the lawyer working for Thaksin and Pojaman; Suphasee Srisawat, a personal assistant to Pojaman; and Thana Tansiri, another Thaksin lawyer, were found to have committed contempt of court through attempted bribery. The Supreme Court's verdict sends a strong signal that the judicial process cannot be bought at a time when the country is facing a political crisis. The judiciary offers the only hope of bridging the political divide by proceeding with cases against politicians in a straightforward manner.

On June 10, reports emerged that lawyers representing a big-time politician handed a gift box of candies to a court clerk. When the clerk opened the box, he found Bt2 million inside. One of the lawyers said he had just returned from a foreign trip and wanted to hand the money to court officials to share among themselves because they had been working very hard. At that time a senior judge happened to walk by. When he saw the money, he ordered it to be pictured. A brief interrogation ensued before the money was returned to the lawyer.

After the news reports broke the next day, the Supreme Court hastily formed a panel of three judges to investigate the bribery allegation. All the judges are known for their integrity and honesty, and following almost two weeks of investigation, the Supreme Court took the matter into its own hands by holding a trial on the case. Since it is a case of contempt of court, the Supreme Court can hear the case directly without having to pass it to the police first. If the case were to start with the police, chances are that it would drag on and that facts would be compromised along the way.

According to the Supreme Court's ruling, Pichit, Suphasee and Thana - the three defendants - were waiting at the Supreme Court to accompany Thaksin and Pojaman, who were reporting to the court upon their return from a foreign trip. Thana asked Suphasee to call ML Thitiphong Chompunut, a clerk in the Supreme Court's Office of Political Holders, to meet them in a lawyers' waiting room. Thitiphong was handed a bag of candies and Bt2 million in cash. Thitiphong consulted his superior before returning the gift and the cash to Thana.

The Supreme Court ruled that Thana was the one who brought the money in, and that he, Suphasee and Pichit committed contempt of court by trying to bribe court officials. The court rejected the defendants' claim that the gift was offered by mistake and that they had intended to give chocolates instead. The Supreme Court rejected Pichit's claim that he had nothing to do with the attempted bribery.

The Supreme Court gave the three defendants a harsh sentence that cannot be appealed. Since Thana did not show up at the Supreme Court during the reading, the Court issued a warrant for his arrest.

The Supreme Court's ruling will be a big setback to Thaksin and Pojaman in their fight against corruption and tax-evasion charges. The pair will have to find a new team of lawyers since Pichit and Thana are likely to face disciplinary action from the Lawyers' Council of Thailand. Their licences could be revoked.

The Supreme Court did not rule on the ownership of the money. As observers, we only want to ask who owned the Bt2- million that was put in a gift box intended to bribe the court. Did Pichit or Thana withdraw Bt2 million from their own bank accounts and wrap it as a gift? Or did either one of them take the Bt2 million from someone else in order to attempt to bribe the court? If the latter, who was that someone else?

--------------

NEWSMAKER

Not guilty, your honour

Published on June 26, 2008

Life is like a box of chocolates.

You never know what you are going to get. And so it is the case for Thana Benjathikul, a lawyer for former prime minister Thaksin Shinawatra. Thana became the man in the news when he was appointed to defend Thaksin in the legal cases against him. But now the lawyer is making the headlines as one of the "usual suspects" accused of trying to bribe the judges.

Matichon yesterday interviewed Thana to find out what he had to say about the episode on June 10 when a box of pastries filled with Bt2 million in cash was discovered at the Supreme Court.

The following are excerpts from Thana's interview with Matichon ahead of the court decision on this case yesterday. Here's what Thana said to Matichon before the court's ruling.

Q: At present, in how many cases are you representing Thaksin?

A: I am assigned only to defamation charges that Thaksin filed with the civil court.

Q: As for the case involving the box of pastries with Bt2 million, why suddenly have you become a suspect?

A: On that date, I went to Kasikorn Bank at 10:30 and then I went to Siam City Bank's headquarters. I had lunch with my mother. I learned that there would be a trial involving a politician but I didn't go to the court. I had my hair cut in the afternoon and went back to the office. The next morning, my friends asked me if I had taken cash to the court. I was surprised. So, I read the news and found out that the People's Alliance for Democracy said that the person who carried the cash had 'T' as an initial. I protest my innocence. I didn't go to the court on that day. I was lucky because normally when Than [Thaksin] went to the court, I often accompanied him for moral support."

Q: Have you heard of or been accused of anything like this in your career?

A: Bribery is a serious issue in the justice process. Lawyers wouldn't dare to do that. I can't say whether such a practice exists… The court is the last resort and I believe that it has to be very careful… For Bt2 million, I think it's unbelievable. I couldn't believe this could happen in an information society like this. People would know. It's unlikely.

Q: But it happened.

A: Yes, it did. I see four possibilities. The incident might have been staged to discredit the defendant, to make him a scapegoat. Secondly, the money was meant to facilitate the court's work. Third, it might be a misunderstanding - the wrong box. Anything is possible. Fourth, the bribe may be real. It depends on how you look at it."

Another of Thaksin's lawyers, Thana Tansiri, and his chief lawyer, Pichit Chuenban, were found guilty and sentenced to six months' imprisonment for trying to bribe the judges.

from the http://www.nationmultimedia.com - 26JUN08

[Xangsamhua]

Thaksin legal reps jailed over bribe attempt

By south-east Asia correspondent Karen Percy

Members of the legal team representing Thailand's ousted prime minister, Thaksin Shinawatra, have been sentenced to jail for attempting to bribe court officers earlier this month.

Three of Mr Thaksin's legal representatives have been found guilty of contempt of court after visiting the Supreme Court on June 10 to drop off a package containing pastries and two million baht ($70,000).

The court ruled the three had attempted to bribe court officials.

Mr Thaksin is fighting several corruption cases after been pushed from office in the 2006 military coup.

Pressure is mounting on the current Prime Minister, Samak Sundaravej, to step down.

He faces a vote of no confidence in Parliament today because of his Government's close ties with Mr Thaksin.

[geriatrickid]

Laudable sentence, courageous even, despite the underlying political motives. Even more remarkable when compared to recent political corruption cases in western countries. 2 examples; Scooter Libby (former white house bigwig) despite being found guilty of lying to investigators, obstruction of justice and perjury received a 30 month sentence, but had that sentence commuted by Pres. Bush. In Italy, PM Berscolini suspended all trials for crimes prior to 2002. (Mr. Berscolini is implicated in an alleged bribery scandal where it is claimed he paid $600,000. to a UK lawyer in return for false testimony). Seems like the Italian and Thai way of approaching things isn't that much different was it?

No doubt many are going to use this case to point their finger at Thailand and say, see how corrupt it is. They aren't that far off the mark, but should remember that Thailand is the same as many western countries. If you have doubts, check out this week's editorials and reports in many conservative business journals such as the WSJ, Deutsche Welle and Financial Weekly to name a few and see what they say about bribery and corruption in the west. It makes Thailand seem ok. Transparency International released its review of OECD enforcement actions last week and looked at whether or not 34 member nations lived up to their pledges to stop bribery and corruption in accordance with the agreement that was signed. Canada, Japan, Britain and Italy got rapped hard. Britain in particular because of its failure to prosecute the BAE bribery case. Canada was taken to task for being the only developed country that doesn't require the revenue department to report cases of foreign bribery, and doing what Canadians do best - pretend it doesn't happen there. Even the Netherlands was reamed for not taking corruption seriously. My point being that while corruption is bad in Thailand, it isn't that much worse in the overall scheme of things when compared to many "advanced" western nations. Oh and the kicker? The USA, Germany and France were singled out for exemplary behaviour in respect to enforcing the anti bribery rules.

And no I'm not making excuses for the Thais, just keeping it in perspective.

[marshbags]

A part quote from The Nation as posted.

" The Supreme Court gave the three defendants a harsh sentence that cannot be appealed. Since Thana did not show up at the Supreme Court during the reading, the Court issued a warrant for his arrest."

Maybe i am being cynical in relation to these words, but going on several years of witnessing such sentences and the actual doing the time part of it.

Never happen is my reaction based on the many who are still out on bail, some of which appealed to the highest court in the land and still managed to find a way to avoid their alloted holidays in the Bangkok Hilton.

Can anyone honestly imagine these latest offenders will serve time , and even if this proves correct, will actually be treated as all other criminals are, Thai style in the jails, along with rubbing shoulders and sleeping sardine fashion in confined spaces you wouldn,t normally fit an average family of the convicted individuals into.

To top it all HTF can this pathetic sentence in relation to the crime be adequate when leser citizens could expect years on top of it.

Laudable, i think the word we are looking for is laughable

marshbags

Edited June 26, 2008 by marshbags

[dr_Pat_Pong]

A part quote from The Nation as posted.

" The Supreme Court gave the three defendants a harsh sentence that cannot be appealed. Since Thana did not show up at the Supreme Court during the reading, the Court issued a warrant for his arrest."

Maybe i am being cynical in relation to these words, but going on several years of witnessing such sentences and the actual doing the time part of it.

Never happen is my reaction based on the many who are still out on bail, some of which appealed to the highest court in the land and still managed to find a way to avoid their alloted holidays in the Bangkok Hilton.

Can anyone honestly imagine these latest offenders will serve time , and even if this proves correct, will actually be treated as all other criminals are, Thai style in the jails, along with rubbing shoulders and sleeping sardine fashion in confined spaces you wouldn,t normally fit an average family of the convicted individuals into.

To top it all HTF can this pathetic sentence in relation to the crime be adequate when leser citizens could expect years on top of it.

Laudable, i think the word we are looking for is laughable

marshbags

Crime doesn't pay but the hours are good

[ChiangMaiAmerican]

An interesting revlation regarding the one who has yet to be captured after failing to show up in court.

From the Bangkok Post.

"On the same day, Thana, who is Khunying Potjaman's cousin by marriage, asked Supasri to call M.L. Thitipong Chumpoonut, a court official attached to the Supreme Court's Criminal Division for Political Office Holders, for a private meeting."

http://bangkokpost.com/260608_News/26Jun2008_news02.php

[geriatrickid]

Laudable because it had to send a strong message, while at the same time not appearing to be vindictive because of the political circumstances. Think about it: What greater shame is there for a lawyer than in being convicted of a crime? keep in mind that these are people full of self importance. It's a massive slap in the face. Locking them up for even a few months is harsh punishment for people used to living like big shots. More importantly though is that a criminal conviction makes it very difficult if not impossible to get into most of the EU and North America. They're going to have a devil of a time traveling. No more jaunts to the UK, French Riviera or NYC shopping trips.

[marshbags]

Guess we can look forward to yet another delay to go with the previous ones, relating to Thaksin and his spouse, ect. ect.

Who knows it could well be forgotten, if they carry on being facilitated such favourable grants on postponements, at the very least, should their jailed legal / illegal lawyers by chance serve their alloted sentence, will have completed them and be out and about, assuming also that they are not barred from their duties as prescribed by the laws of Thailand on such legal matters be available for duty once again.

marshbags

Edited June 26, 2008 by marshbags

[hammered]

Its interesting following the news cycles for the Thai press. Yesterday they were all about how the Democrats had caused damage to the coalition government who had fared badly in the censure debate. Today they are about Thaksin's lawyers. It is funny how after giving the government a brutal brawling on the first day the opposition laid back and just repeated charges yesterday as the Thaksin lawyer case broke. One wonders what is in store for the headlines tomorrow.

Although the puppet government and the puppet master have suffered a couple of bad days they will continue but in a wounded way.

[brahmburgers]

who got to eat the pastries? I hope they weren't Thai-style (yuk).

seriously though, the s.court acted swiftly and didn't put up with the usual nonsense from defendants . In other words, they didn't suck up the usual delaying drivel and panty-waist excuses that usually work within the Thai court system.

Let's hope modicum of swift and decent justice prevails beyond this subjective tempest in a teapot. I say subjective, because it happened in the justices' front office - and that's why they acted with alacrity.

I'll still be surprised if the two or three fall-guys do any real time behind bars (....of steel, not bars of beer).

Edited June 26, 2008 by brahmburgers

[hammered]

An interesting revlation regarding the one who has yet to be captured after failing to show up in court.

From the Bangkok Post.

"On the same day, Thana, who is Khunying Potjaman's cousin by marriage, asked Supasri to call M.L. Thitipong Chumpoonut, a court official attached to the Supreme Court's Criminal Division for Political Office Holders, for a private meeting."

http://bangkokpost.com/260608_News/26Jun2008_news02.php

This is not the patronage system that the leading lights of PPP dislike so much is it?

[soundman]

Anyone know if the Taksin camp has issued a statement regarding the court's outcome?

[Payboy]

Supreme Court Sentences To Six-months In Jail Lawyer In Pastry Gate

moral of the story.....

don't bring snack boxes to a dinner buffet......

[ChiangMaiAmerican]

The latest from the Bangkok Post:

Family visits Thaksin lawyer in prison

"About 20 members of Mr Pichit's family reportedly cried when they saw his face. The lawyer told them he could hardly sleep behind bars because of stress.

Meanwhile, the third lawyer, Thana Tansiri, found guilty in the case, still has not reported himself to the court."

http://www.bangkokpost.com/breaking_news/b...s.php?id=128532

Any bets the third one can't be found?

Edited June 26, 2008 by ChiangMaiAmerican

[Siripon]

The latest from the Bangkok Post:

Family visits Thaksin lawyer in prison

"About 20 members of Mr Pichit's family reportedly cried when they saw his face. The lawyer told them he could hardly sleep behind bars because of stress.

Meanwhile, the third lawyer, Thana Tansiri, found guilty in the case, still has not reported himself to the court."

http://www.bangkokpost.com/breaking_news/b...s.php?id=128532

Any bets the third one can't be found?

He's probably in Cambodia, checking out casino sites or thinking of building a cable car to Khao Phra Wiharn.

[Plus]

An interesting revlation regarding the one who has yet to be captured after failing to show up in court.

From the Bangkok Post.

"On the same day, Thana, who is Khunying Potjaman's cousin by marriage, asked Supasri to call M.L. Thitipong Chumpoonut, a court official attached to the Supreme Court's Criminal Division for Political Office Holders, for a private meeting."

http://bangkokpost.com/260608_News/26Jun2008_news02.php

This is not the patronage system that the leading lights of PPP dislike so much is it?

Yeah, Thaigene has conveniently disappeared.

I was also waiting for his comment on Samak berating Abhisit for being too young to question him.

[hammered]

Anyone know if the Taksin camp has issued a statement regarding the court's outcome?

Dont worry, when they have their carefully worked out meme or spin it will repeated exactly word for word ad infinitum on all those websites and blogs that always shrill for Thaksin. They are very good at keeping their guys on message when it is a big one. TRT was always excellent at marketing and PR. It'll no doubt take a day or so from the event to create the soundbite or whatever....

[nomoretalksin]

There you go, first Pro-Thaksin camp voice will come out this afternoon:

http://www.nationmultimedia.com/2008/06/26...es_30076573.php

Quote

He told his relatives and friends who visited him at the jail on Thursday morning that he was depressed last night and could not sleep.

Supreme Court on Wednesday sentenced Pichit and two other lawyers of Thaksin, to six months in jail after they found guilty of giving a court official, a bag filled with Bt2 million in cash, in early June. The three were legal team of ousted prime minister Thaksin Shinawatra in charges of abusing power in purchasing Ratchadapisek land.

Meanwhile Thaksin's personal spokesman Pongthep Thepkanjana is scheduled to hold a press conference in the afternoon.

A relative told reporters that Pichit appeared in prisoner's uniform and looked sad when he saw his visitors weeping.

"It is not fair to me. If I really did it, I would not complain," the same relative quoted Pichit as saying.

Supasri Srisawat, one of the convicted, is jailed in the central prison for women, is sick reportedly from stress. The prison will send psychiatrist to talk to her.

Meanwhile police have issued arrest warrant for Thana Tansiri, one of the convicted, who was not present at the Surpreme Court on Wednesday is still at large.

Unquote

Maybe something like, the invisable hand, made the bags swap, actually the one with cash was for a private purchase and the bags were on purpose swaped by the evil invisible hand

[steveromagnino]

they were sunk the moment they first said they weren/t there, and the surveillance tapes came out; they just misread the amount of evidence against them. A lot of people just want to be liked by Thaksin, and it is only afterwards that they discover they were just used e.g. Jakapop, these lawyers, Sanoh, Sonthi and are able to be discarded whenever no longer needed.

At the end of the day, I suspect unless Taksin personally went into each poor person's house and personally stole everything they owned and then punched them in the face, that many of the people in Isaan and up north would happily continue to support him and his mates...and herein lies the problem that even a guilty verdict may not solve.

Mind you the allure might be decreasing a bit with the current rice/compost type prices.....

[whatsoever]

The latest from the Bangkok Post:

Family visits Thaksin lawyer in prison

"About 20 members of Mr Pichit's family reportedly cried when they saw his face. The lawyer told them he could hardly sleep behind bars because of stress.

Meanwhile, the third lawyer, Thana Tansiri, found guilty in the case, still has not reported himself to the court."

http://www.bangkokpost.com/breaking_news/b...s.php?id=128532

Any bets the third one can't be found?

They have been sent to the Special Prison - not the prison for the real nasty criminals (What is the Special Prison?)

[ChiangMaiAmerican]

More charges coming.

Supreme Court on Thursday filed complaint with police, accusing three lawyers of ousted prime minister Thaksin Shinawatra for allegedly bribing officials.

Sarawut Benjakul, deputy secretary general of the Justice Affairs Office, said a court official has already sought legal action against Pichit Chuenban, Thana Tansiri and Supasri Srisawat, with Chanasongkram district police.

Full story here:

http://www.nationmultimedia.com/2008/06/26...cs_30076583.php

[ChiangMaiAmerican]

They have been sent to the Special Prison - not the prison for the real nasty criminals (What is the Special Prison?)

"In 1960 the old Klong Prem prison on Mahchai road (now Rommaneenart park) was overcrowded. The Interior Ministry established a temporary prison within the same compound by deviding one part into a vocational training centre and the other part into the Lardyao temporary central prison. In the year 1970 the Interior Ministry permanently separated the two part from each other and moved prisoners from the former prison to the current site. In 1972 the Interior Ministry ordered that the Lardyao prison be upgraded to Klong Prem Central Prison and the old prison has changed to Bangkok special prison"

http://www.correct.go.th/klong.htm

It doesn't appear to be the Hilton.

[toptuan]

Someone goes to jail for bribery in Thailand?

Smacks of political posturing to me.

Now if that sort of justice would just "trickle-down" to the law enforcement institution!

[sriracha john]

Peeshit Before... The model of the successful attorney defending Thaksin in multi-billion baht criminal cases:

Pichit Chuenban, lawyer of former Prime Miniser Thaksin Shinawatra, is seen in this photo taken Jan. 23, 2008, in Bangkok, Thailand. Pichit was sentenced along with two other members of Thaksin's legal team to six months in jail, after one of them offered a box of sweets containing two million baht to a court official on June 10, 2008.

Associated Press

Peeshit After... The disgraced model of the criminal mafioso with the stereotypical suit jacket over his hands to hide the view of his handcuffed wrists.

Manager Online

[toptuan]

http://www.correct.go.th/klong.htm

It doesn't appear to be the Hilton.

I looked at the site (Klong Prem Central Prison), and had to chuckle at a list of things prisoners weren't allowed to take with them to prison, some of which were...

• escape equipment
  
• explosives
  

(glaring omission: pastry boxes)

...amazing that some things really have to be written out. I hope they post this list at the entrance of the prison, just in case any penal officials forget what's hot & what's not.

Edited June 26, 2008 by toptuan

[marshbags]

http://www.correct.go.th/klong.htm

It doesn't appear to be the Hilton.

I looked at the site (Klong Prem Central Prison), and had to chuckle at a list of things prisoners weren't allowed to take with them to prison, some of which were...

• escape equipment
  
• explosives
  

(glaring omission: pastry boxes)

...amazing that some things really have to be written out. I hope they post this list at the entrance of the prison, just in case any officials forget what's hot & what's not.

Has anyone any idea what criteria is used to decide on who goes to which prison.

Could this be a facility for the chosen few i wonder as " special prison smacks of elitism " based on a certain station in life,

Even priviledged in criminally convicted are they.............<deleted>

marshbags

Couldn,t see the room options or tarifs toptuan

Edited June 26, 2008 by marshbags

[sriracha john]

Family visits Thaksin lawyer in prison

About 20 members of Pichit's family reportedly cried when they saw his face. The lawyer told them he could hardly sleep behind bars because of stress.

Perhaps Thaksin can join Peeshit at....

Bangkok's Klong Prem Prison

AFP

Thaksin denies involvement in snack box case

Spokesman of Thaksin Shinawatra read a statement of the ex-PM that denied involvement in the 2-million-baht snack box incident where his three lawyers were found guilty. *so they acted on his behalf completely without his knowledge?* Pongthep Thepkanchana read the statement at the 111 Foundation on Thursday. The statement, said the former PM feels sorry that his lawyers were found guilty of contempt of court and were sentenced to 6 month in prison. They represented Thaksin and his wife in the Ratchadaphisek land deal [and the SC Asset concealment case]. Thaksin said he respects the court ruling and, again, vowed that he is innocent and will fight the case under justice system. Meanwhile, Democrat Party spokesman Ong-art Klampaiboon said the government should not ignore this matter. He called on the government to assign the National Counter Corruption Commission to trace where the lawyers got the

Continued here:

http://www.bangkokpost.com/breaking_news/b...s.php?id=128542

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

How many of his own people has he dumped and completely disowned over the past 5 years? :D

Certainly they need to source the money... but it's good that that will come out in the actual and official criminal charge of bribery (as opposed to the conviction of the lawyers for contempt of court). The official charge of criminal bribery is much more severe.

Edited June 26, 2008 by sriracha john

[marshbags]

Thaksin denies involvement in snack box case

Spokesman of Thaksin Shinawatra read a statement of the ex-PM that denied involvement in the 2-million-baht snack box incident where his three lawyers were found guilty. *so they acted on his behalf completely without his knowledge?* :D Pongthep Thepkanchana read the statement at the 111 Foundation on Thursday. The statement, said the former PM feels sorry that his lawyers were found guilty of contempt of court and were sentenced to 6 month in prison. They represented Thaksin and his wife in the Ratchadaphisek land deal [and the SC Asset concealment case]. Thaksin said he respects the court ruling and, again, vowed that he is innocent and will fight the case under justice system. Meanwhile, Democrat Party spokesman Ong-art Klampaiboon said the government should not ignore this matter. He called on the government to assign the National Counter Corruption Commission to trace where the lawyers got the

Continued here:

http://www.bangkokpost.com/breaking_news/b...s.php?id=128542

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

How many of his own people has he dumped and completely disowned over the past 5 years? :D

Certainly they need to source the money... but it's good that that will come out in the actual and official criminal charge of bribery (as opposed to the conviction of the lawyers for contempt of court). The official charge of criminal bribery is much more severe.

It,s just been mentioned on ASTV by someone who used to work on Channel 7 that Pichit was offered 100 million by Thaksin to do the pastry / food delivery service and wet the judges appetities

Sounds good to me, going on past performances, consistant with Thaksins unearned rise to fame ( bought all the way via this method )

marshbags

[Tony Clifton]

Disposable fools.

Add these three to the Thaksin 2008 collection.