Thaksin On Graft Charges

[george]

SHIN CORP SALE

Thaksin on graft charges

Bt66-bn damage to state alleged

BANGKOK: -- The attorney-general has filed a criminal lawsuit against Thaksin Shinawatra, accusing him of abusing power while serving as prime minister by converting telecom concessions to benefit Shin Corp and causing damage to the state worth Bt66 billion.

After an initial delay, the attorney-general yesterday took up the policy corruption case involving Shin Corp, which was investigated by the Assets Examination Committee (AEC). Seksarn Bangsomboon, director of Special Criminal Cases, lodged the lawsuit - contained in three large cases, 20 files and almost 20,000 pages of documents - at the Supreme Court's Criminal Division for Political Office Holders.

The lawsuit, signed by Attorney-General Chaikasem Nitisiri and including his written opinion, alleges that Thaksin violated the law by holding state concessions through his stock-ownership concealment in Shin Corp while he was prime minister.

Thaksin gained unusual wealth in Shin Corp, it said, by having state agencies convert the telecom concessions to excise tax to benefit Shin Corp. TOT and CAT Telecom, who awarded the concessions to the subsidiaries of Shin, stood to lose Bt41.95 billion and Bt25.99 billion respectively from the conversion of the concessions.

Thaksin and his wife Khunying Pojaman are already on trial at the Supreme Court's Criminal Division for Political Office Holders in a separate case involving Pojaman's purchase of a prime plot in the Rachadaphisek area from the Financial Institutions Development Fund. In this case, Thaksin is charged with violating the law by using his high office to endorse the deal with the FIDF, a state institution.

The Shin Corp case is, however, more damaging to Thaksin than the Rachadaphisek land deal because it involves alleged stock concealment, tax evasion and policy corruption to increase the value of Shin stocks.

The AEC has found that Thaksin and Pojaman still owned Shin Corp throughout the time Thaksin was serving as prime minister between February 2001 up to the sale of the company in January 2006.

The couple allegedly used their children Panthongtae and Pinthongta, Pojaman's brother Banaphot Damapong, and Thaksin's sister Yingluck, as well as Ample Rich Investment Ltd and Win Mark Ltd as nominees to conceal their real ownership of 1,419 million shares, or about 49 per cent, in Shin Corp.

Banaphot's promissory notes, issued to purchase the Shin Corp stocks from Pojaman in March 1999, named "Khunying Pojaman" as the beneficiary, but at that time, Pojaman had not received the khunying title, implying that the promissory notes were issued retroactively as a cover-up.

The attorney-general has already reserved Sunai Manomai-udom, the former head of the Department of Special Investigation, Sanya Waranyu and Thirachai Phuvanat-naranubala, the secretary-general of the Securities and Exchange Commission, as state witnesses in the alleged stock-ownership cover-up.

It has also reserved Areepong Phucha-um, Sathit Limphongphun and Sommai Phasi as state witnesses on the conversion of the concessions.

The Supreme Court will form a panel to consider the Shin deal before ruling on whether to accept the suit.

-- The Nation 2008-07-12

[george]

OAG presses new charge against Thaksin

BANGKOK: -- Thailand's Office of the Attorney General (OAG) pressed yet another charge against former premier Thaksin Shinawatra, alleging that he amended the law to benefit his former telecom business, Shin Corp, causing damages of Bt6.6 billion to the state.

Special Litigation Department director Seksan Bangsomboon said the Assets Examination Committee (AEC) filed a new corruption case against Mr. Thaksin who owned the company which was granted a telecom concession from the government.

Mr. Thaksin, prime minister at that time, alledgedly ordered a conversion of the mobile phone service provider's concession fees into an excise tax. The action caused TOT and CAT Telecom to shoulder a tremendous burden of Bt6.6 billion in 2003.

The Supreme Court Criminal Division will decide on September 3 whether the case would be prosecuted.

Mr. Thaksin's wife Khunying Pojaman is facing graft charges regarding the Ratchadapisek Land deal made in 2004, which changed hands from the Financial Institutions Development Fund (FIDF) to Mr. Thaksin's wife at only one-third of the current market value when the purchase was made.

The court began hearing the case in July and prohibited Mr. Thaksin from leaving the country.

-- TNA 2008-07-12

[Martin]

".... prohibited Mr. Thaksin from leaving the country."

So he won't be watching Manchester City at the start of the next season?

Can he appeal that that is 'cruel and unusual punishment' that violates his Human Rights?

[A_Traveller]

^ Personally I would have thought being made to watch football would be 'cruel and unusual punishment'.

Regards

[Plus]

Watching Man City play IS. I bet after seeing them let in eight goals in their last game Thaksin is apprehensive about his next trip to the stadium.

[PoorSucker]

Manchester city's new logotype

[brahmburgers]

congrats to the AG's office for filling formal charges.

though it's 2.5 years since the headlines first hit the front pages, ....better late than never.

[Gary A]

I get so sick of seeing his enemies trying to dig stuff up. I guess if they throw enough sh!t some may eventually stick.

[tijnebijn]

Things start to look grim for Mr Thaksin , I'm sure he still got an escape route

but its not going like he thought it out beforehand ........

[ratcatcher]

I get so sick of seeing his enemies trying to dig stuff up. I guess if they throw enough sh!t some may eventually stick.

Don't make yourself sick.

It's not so much a matter of his enemies trying to dig stuff up or throwing enough sh!t, but more like he's been in the septic tank so long that finally people realize they need to get rid of the stink.

[Gary A]

I get so sick of seeing his enemies trying to dig stuff up. I guess if they throw enough sh!t some may eventually stick.

Don't make yourself sick.

It's not so much a matter of his enemies trying to dig stuff up or throwing enough sh!t, but more like he's been in the septic tank so long that finally people realize they need to get rid of the stink.

Politics in Thailand have been utterly corrupt forever. Thaksin's buddy, Samak makes Thaksin look squeaky clean. There is a LONG line of corrupt politicians and it has been accepted for many years.

Thaksin stole most of his legally by manipulating laws and that's why they hate him. He is smarter than the rest of them.

[basjke]

congrats to the AG's office for filling formal charges.

though it's 2.5 years since the headlines first hit the front pages, ....better late than never.

Yes filling charges is one thing but accepting the case for prosecution is another thing.And that is still a looooong way from here.

Lot of things can happen in that time.

[plachon]

I get so sick of seeing his enemies trying to dig stuff up. I guess if they throw enough sh!t some may eventually stick.

Don't make yourself sick.

It's not so much a matter of his enemies trying to dig stuff up or throwing enough sh!t, but more like he's been in the septic tank so long that finally people realize they need to get rid of the stink.

Politics in Thailand have been utterly corrupt forever. Thaksin's buddy, Samak makes Thaksin look squeaky clean. There is a LONG line of corrupt politicians and it has been accepted for many years.

Thaksin stole most of his legally by manipulating laws and that's why they hate him. He is smarter than the rest of them.

The legality of his non-stop shenanigans is going to be put to the test pretty soon. If it was legal, then I'm sure he will be only too pleased to attend the court and clear his name like a man.

The fact that Toxin came from a long line of dodgy politicians does not exonerate his actions in the slightest. Especially, as one of his political claims was that he would rid Thailand of corruption, in addition to drugs. Some naive and gullible people believed him unfortunately. They failed to see through the man and he was able to dupe a nation, laughing all the way to the bank. Sadly, it seems some people still hold an inkling of admiration for the crook, despite all the evidence to the contrary, and label him "smart". Reflects rather poorly on their judgement, I'd say.

[Plus]

Corruption is as inevitable as general crime, doesn't mean it has to be left unpunished, acceptance distorts fundamental values in the society.

>>>>

There may be many corrupt politicians in Thailand, but very few know no shame, the vast majority at least pretend that they are clean. Thaksin must be made example of.

[h90]

I get so sick of seeing his enemies trying to dig stuff up. I guess if they throw enough sh!t some may eventually stick.

Well you don't need to dig deep to find some sh!t.

Actually it is more like that whereever you look

[Insight]

It's quite cringe-worthy listening to foreigners attempting to defend this man. The whole argument of "corruption exists everywhere in Thailand so why should this matter?" sounds like the argument somebody would make after been given a free night on the Lao Kao and two hundred baht in the back pocket to tick the right box the following day.

The only way the country will progress if is attitudes like that are dropped and court cases like this proceed honestly and fairly. I'm feeling pretty optimistic about it - if there's a guilty verdict at the end of it I doubt it'll be the first.

[h90]

It's quite cringe-worthy listening to foreigners attempting to defend this man. The whole argument of "corruption exists everywhere in Thailand so why should this matter?" sounds like the argument somebody would make after been given a free night on the Lao Kao and two hundred baht in the back pocket to tick the right box the following day.

The only way the country will progress if is attitudes like that are dropped and court cases like this proceed honestly and fairly. I'm feeling pretty optimistic about it - if there's a guilty verdict at the end of it I doubt it'll be the first.

Well speeding on the highway exists everywhere worldwide.

Police measure your speed....you are over.....you defend yourself "speeding exists everywhere so I don't pay" sounds weird.

so it is with corruption. And to remember! corruption costs money. that money does not pop out of the floor like mushrooms, it is paid per tax.

So everyone pays it. The rice farmer, the taxi driver the business owner....everyone get ripped off.

[Shrednyneas]

to conceal their real ownership of 1,419 million shares, or about 49 per cent, in Shin Corp.

Who, or which company owned by who, was or were owners of the other shares?

[Plus]

When Thaksin entered politics he "sold" his controlling stake in Shin Corp to his children to avoid conflict of interest charge. Of course no one believed he really let his kids to control one of the largest companies in Thailand, but it was only after the coup that the Asset Examination Commitee was able to find a legal evidence of Thaksin maintaining full control. Sloppy nominee set up, by the looks of it.

Now he is open to all sorts of charges because while he was the PM, his company quadrupled in market value due to favourable government policies he was directly repsonsible for.

There were minor shareholders as well, but after selling the company to Temasek of Singapore, they all sold their shares, too (or nearly all). Temasek now holds something like 85%.

[stumonster]

but it was only after the coup that the Asset Examination Commitee was able to find a legal evidence of Thaksin maintaining full control.

I think what we have been seeing in the last month is the situation where mrT and his supporters are losing their grip on the Thai Judiciary so these cases against him and his are starting to be able to gain a foothold

[skippybangkok]

Trivia Pursuit -

So why is Temasek off the hook ? Totally illegal what happened, and in addition, its still not legal for a foreign company to own more than ?? % of a thai telecoms company !.

[ando]

I get so sick of seeing his enemies trying to dig stuff up. I guess if they throw enough sh!t some may eventually stick.

Don't make yourself sick.

It's not so much a matter of his enemies trying to dig stuff up or throwing enough sh!t, but more like he's been in the septic tank so long that finally people realize they need to get rid of the stink.

Politics in Thailand have been utterly corrupt forever. Thaksin's buddy, Samak makes Thaksin look squeaky clean. There is a LONG line of corrupt politicians and it has been accepted for many years.

Thaksin stole most of his legally by manipulating laws and that's why they hate him. He is smarter than the rest of them.

Its not so much that only the politicians are corrupt. The whole culture is corrupt in some way or another, top to bottom. And every Thai knows it. From the local Amphur, Police, Army and anyone in any kind of authority. Corruption is a way of life and accepted and used by the vast amount of Thai citizens. Only the really dumb people or people too poor to have anything to bargain with are not corrupt. Its a way of life.

The thing is now that the courts appear to be actually doing their job and going after Thaksin, it has shocked a lot of people because this kind of thing is not supposed to happen in Thailand. One does have to wonder if the courts sudden taste for blind justice is not politically motivated and just a temporary aberration designed to end a political dilemma for the country.

I am all in favour of seeing justice done concerning Thaksin, but I do believe it will be back to business as usual once the courts have resolved this political impasse. Its simply a case of justice for convenience sake, and once its over injustice for convenience sake will be back as the norm.

Just about everyone in Thailand is, or has been, involved in some kind of corrupt practice at some time or other. So cracking down on corruption across the board would be most politically unpopular. At the moment selective cases of blind justice serve the political needs of those who wield the real power behind the scenes.

[stumonster]

One does have to wonder if the courts sudden taste for blind justice is not politically motivated and just a temporary aberration designed to end a political dilemma for the country.

I thought the King addressed the Judicairy telling them that the country required fair and tranparent justice system for it to be able to grow - and this was on the same day the pastrygate scandal unfolded.

Edited July 13, 2008 by stumonster

[plachon]

It's quite cringe-worthy listening to foreigners attempting to defend this man. The whole argument of "corruption exists everywhere in Thailand so why should this matter?" sounds like the argument somebody would make after been given a free night on the Lao Kao and two hundred baht in the back pocket to tick the right box the following day.

The only way the country will progress if is attitudes like that are dropped and court cases like this proceed honestly and fairly. I'm feeling pretty optimistic about it - if there's a guilty verdict at the end of it I doubt it'll be the first.

Well speeding on the highway exists everywhere worldwide.

Police measure your speed....you are over.....you defend yourself "speeding exists everywhere so I don't pay" sounds weird.

so it is with corruption. And to remember! corruption costs money. that money does not pop out of the floor like mushrooms, it is paid per tax.

So everyone pays it. The rice farmer, the taxi driver the business owner....everyone get ripped off.

Hey h90, like to disagree..........not quite everyone pays for corruption..........don't forget the Shinawatra clan didn't believe in paying tax, so they certainly didn't suffer from the effects of corruption.

Let's hope they pay their overdue dues soon via the legal justice route. Tax, backtax, interest and damage to the state. And let's hope the judge has a particularly bad hair day when passing jail sentences on the Fokkers.

[ando]

One does have to wonder if the courts sudden taste for blind justice is not politically motivated and just a temporary aberration designed to end a political dilemma for the country.

I thought the King addressed the Judicairy telling them that the country required fair and tranparent justice system for it to be able to grow - and this was on the same day the pastrygate scandal unfolded.

You thought right . Nuff said there . Tomorrows another day though.