Thaksin Gets More Time To Fight Assets Seizure Case

[sriracha john]

Thaksin gets more time to fight assets seizure case

Deposed PM Thaksin Shinawatra has until Jan. 4 to challenge a civil lawsuit by prosecutors seeking to seize his assets worth about 76 Billion Baht. A source in Thaksin's defence team said the Supreme Court has agreed to extend the deadline for 30 days until Jan 4. The original deadline for Thaksin to challenge the lawsuit was Dec 4. According to the source, the judge has also decided to extend the deadline for others involved in the case including his ex-wife, Potjaman, and his children to Jan 4.

The 76 Billion Baht is the estimated return from the sale of Shin Corp shares to Singapore's Temasek Holdings in 2006. The Office of the Attorney-General decided to seek confiscation of the assets as it believes Thaksin gained the money by abusing his authority in selling Shin Corp shares. The extension of the deadline was granted by Judge Somsak Netmai, who presides over the assets seizure case. According to the source, the prosecution did not give Thaksin and the others a copy of the evidence it submitted to the Supreme Court. The prosecution's evidence comprises 17,000 pages of documents. The source said that due to the large amount of documents, the defence team will probably have to ask the Supreme Court to further extend the deadline. Thaksin has assigned lawyers to appear in court on his behalf when a hearing takes place on

Continued here:

http://www.bangkokpost.com/121208_News/12Dec2008_news07.php

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Edited December 12, 2008 by soundman

[soundman]

Moved to News Forum.

[geriatrickid]

Before anyone claims bias in favour of Thaksin, think again;

The extension of the deadline was granted by Judge Somsak Netmai, who presides over the assets seizure case. According to the source, the prosecution did not give Thaksin and the others a copy of the evidence it submitted to the Supreme Court. The prosecution's evidence comprises 17,000 pages of documents. The source said that due to the large amount of documents, the defence team will probably have to ask the Supreme Court to further extend the deadline.

Not providing evidence at "discovery" is grounds for dismissal of the charges and at the very least the basis for an appeal of a decision that goes against the defendant. If anything, the extension is a generous gesture to the prosecution and an attempt to keep this case on the straight and narrow.

What was the prosecution thinking when it did not provide the documents? You just can't hold onto evidence like that.

[quiksilva]

Hmm it all sounds like part of a deal to me...

[Plus]

Not providing evidence at "discovery" is grounds for dismissal of the charges ...

It's not prosecutors' job to provide the evidence to the defence. Defence has to ask the court.

[Losangels]

Now Thaksin will have to carefully watch what he says in his phone-in tomorrow

[sriracha john]

The extension of the deadline was granted by Judge Somsak Netmai, who presides over the assets seizure case. According to the source, the prosecution did not give Thaksin and the others a copy of the evidence it submitted to the Supreme Court. The prosecution's evidence comprises 17,000 pages of documents. The source said that due to the large amount of documents, the defence team will probably have to ask the Supreme Court to further extend the deadline.

Not providing evidence at "discovery" is grounds for dismissal of the charges and at the very least the basis for an appeal of a decision that goes against the defendant. If anything, the extension is a generous gesture to the prosecution and an attempt to keep this case on the straight and narrow.

What was the prosecution thinking when it did not provide the documents? You just can't hold onto evidence like that.

By highlighting a different sentence and given the volume involved, it's not all that unbelievable that legitimate mistakes can be made, even if it was just a single page. Same as what has happened in foreign jurisdictions, as well. Apparently the Courts agree and gave the case a deserved continuance.

[Wolfie]

If he wants to fight the case, he should return to TH and do it in person

[sriracha john]

It will be interesting to see if Thaksin receives a hunk of coal or a nice gift in his Christmas stocking this year when the hearing is held on Christmas Day.

[Pierrot]

Hi SJ. You seem to have access to an endless supply of pictures and news. You should be well connected with the media world. And it’s no mystery where you stand, so you should have a privileged access to the man, I mean the other man, Sondhi.

Why so much hate ? We all suffer here in the middle, it would be nice to know.

[sriracha john]

You should ask in a more topic-specific thread.

[rixalex]

Hi SJ. You seem to have access to an endless supply of pictures and news. You should be well connected with the media world.

The endless supply you speak of, all seems to be readily available and easy enough to find for those with a modicum of intelligence and a little resourcefulness.

Perhaps if you allowed yourself similar exposure to the media world, you might bring to the forum a more informed view. Just a suggestion.

[astral]

Shouldn't he be fighting from jail.

[Losangels]

Shouldn't he be fighting from jail.

I have the same question as well to his ex-wife Potjaman

[Plus]

Hi SJ. You seem to have access to an endless supply of pictures and news. You should be well connected with the media world. And it’s no mystery where you stand, so you should have a privileged access to the man, I mean the other man, Sondhi.

Why so much hate ? We all suffer here in the middle, it would be nice to know.

The more pressing question is:

Who was cut out of that photo in the OP?

[sriracha john]

No one of significance. Just unidentifiable attendees of the What The New World Wants? conference.

[Journalist]

Hi SJ. You seem to have access to an endless supply of pictures and news. You should be well connected with the media world.

The endless supply you speak of, all seems to be readily available and easy enough to find for those with a modicum of intelligence and a little resourcefulness.

Perhaps if you allowed yourself similar exposure to the media world, you might bring to the forum a more informed view. Just a suggestion.

Its just Google Alerts - pursued and perused with a impressively Mujahideen-fanatic-style passion for online media !

I think the service he provides is useful. The attributions are correct, there's no editorialised interjections.

[sriracha john]

Hi SJ. You seem to have access to an endless supply of pictures and news. You should be well connected with the media world.

The endless supply you speak of, all seems to be readily available and easy enough to find for those with a modicum of intelligence and a little resourcefulness.

Perhaps if you allowed yourself similar exposure to the media world, you might bring to the forum a more informed view. Just a suggestion.

Its just Google Alerts

Among others...

[jayjayjayjay]

No one of significance. Just unidentifiable attendees of the What The New World Wants? conference.

That girl in the white has really really scary eyes, is she one of Sonthi's khmer ghosts?

[Pierrot]

You should ask in a more topic-specific thread.

You're right, I should try but I'm not holding my breath regarding the success of such a thread.

I'm asking about a guy who hold a nation hostage for what I believe to be no more that a personal vendetta and what answer do I get ? A wonderful tactical move from Plus to switch the focus of the people to the scary eyes of a girl in the background of a picture of very doubtful information value. I have to be realistic, we’re not playing in the same league.

Edited December 12, 2008 by Pierrot

[Plus]

tactical move from Plus to switch the focus of the people to the scary eyes of a girl

That was JJJ, not me.

[Journalist]

Hi SJ. You seem to have access to an endless supply of pictures and news. You should be well connected with the media world.

The endless supply you speak of, all seems to be readily available and easy enough to find for those with a modicum of intelligence and a little resourcefulness.

Perhaps if you allowed yourself similar exposure to the media world, you might bring to the forum a more informed view. Just a suggestion.

Its just Google Alerts

Among others...

Its ok, not trying to find out the secrets of your temple.

How many hours a day do you spend on news gathering and forum posting.

[marshbags]

Thaksin gets more time to fight assets seizure case

Deposed PM Thaksin Shinawatra has until Jan. 4 to challenge a civil lawsuit by prosecutors seeking to seize his assets worth about 76 Billion Baht. A source in Thaksin's defence team said the Supreme Court has agreed to extend the deadline for 30 days until Jan 4. The original deadline for Thaksin to challenge the lawsuit was Dec 4. According to the source, the judge has also decided to extend the deadline for others involved in the case including his ex-wife, Potjaman, and his children to Jan 4.

The 76 Billion Baht is the estimated return from the sale of Shin Corp shares to Singapore's Temasek Holdings in 2006. The Office of the Attorney-General decided to seek confiscation of the assets as it believes Thaksin gained the money by abusing his authority in selling Shin Corp shares. The extension of the deadline was granted by Judge Somsak Netmai, who presides over the assets seizure case. According to the source, the prosecution did not give Thaksin and the others a copy of the evidence it submitted to the Supreme Court. The prosecution's evidence comprises 17,000 pages of documents. The source said that due to the large amount of documents, the defence team will probably have to ask the Supreme Court to further extend the deadline. Thaksin has assigned lawyers to appear in court on his behalf when a hearing takes place on

Continued here:

http://www.bangkokpost.com/121208_News/12Dec2008_news07.php

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

Considering the present situation in relation to the political scene and the fact it is holiday season, it was to be expected.

Now should the transition to a new government go as is looking possible, it could also be detrimental to any mischief making the exiled fugitive and his family are planning.

Let us wait and see what happens over the next few days and who could be going either for a longish vacation, or a swift exit outside Thailand.

Oh! nearly forgot to mention an observation of mine, re the political threads..........................

Hiya S.J.

We,ve missed your regular imput in the news section, well many of us anyway ???

Hope all is well, health wise ect. ect.

Enjoy the holiday season and stay safe my friend, you,ve earned it with the selfless work you have put in over a long period of time.

May we get a greatly anticipated present to add to our festivities come Monday.

Peace and goodwill to be uppermost in our hopes and wishes, of course.

marshbags

Edited December 12, 2008 by marshbags

[khunjamespittman]

Not providing evidence at "discovery" is grounds for dismissal of the charges ...

It's not prosecutors' job to provide the evidence to the defence. Defence has to ask the court.

This is false. During "Discovery" the prosecutor is required to turn over any exculpatory evidence in their possession. Failure to do so is grounds for dismissal of charges and is prosecutorial misconduct for which the judge can punish the prosecutors for contempt of the court.

Your are entitled to your own personal opinions and biases but you are not entitled to change the laws for your convenience.

[Merangue]

Not providing evidence at "discovery" is grounds for dismissal of the charges ...

It's not prosecutors' job to provide the evidence to the defence. Defence has to ask the court.

This is false. During "Discovery" the prosecutor is required to turn over any exculpatory evidence in their possession. Failure to do so is grounds for dismissal of charges and is prosecutorial misconduct for which the judge can punish the prosecutors for contempt of the court.

Your are entitled to your own personal opinions and biases but you are not entitled to change the laws for your convenience.

Whilst i agree this is the case in European and American law is it equally true in Thai law?

Obviously it should be but that is not quite the same as we all know how some things can be and have been different in Thailand especially under the uncertain leadership in the past few years.

[khunjamespittman]

Not providing evidence at "discovery" is grounds for dismissal of the charges ...

It's not prosecutors' job to provide the evidence to the defence. Defence has to ask the court.

This is false. During "Discovery" the prosecutor is required to turn over any exculpatory evidence in their possession. Failure to do so is grounds for dismissal of charges and is prosecutorial misconduct for which the judge can punish the prosecutors for contempt of the court.

Your are entitled to your own personal opinions and biases but you are not entitled to change the laws for your convenience.

Whilst i agree this is the case in European and American law is it equally true in Thai law?

Thanks for your comments. I only stated the fact that a false statement was being made regarding the Thai law. I don't want to speculate on whether any particular case will follow the law. If Thailand expects international respect they must follow their laws. When people falsely state the laws as factual they must be called out so that their attempt to confuse people in hope of subverting the law for their personal preferences will fail.

I will leave to others to speculate on whether the court will follow the law.

Obviously it should be but that is not quite the same as we all know how some things can be and have been different in Thailand especially under the uncertain leadership in the past few years.

[Plus]

I don't think we are in the "discovery" stage right now. And even then - all submitted evidence must be registered with the court, prosecution and defence don't just send each other files independently as implied in the article.

They also know the laws and wouldn't do something that can clearly jeopardise the case. Though the AG himself might go down that way to have the case eventually thrown out, he wasn't appointed by Samak for nothing. He already found a reason to drop it once, or postpone it indefinitely, but DSI (who prepared the case) insisted and so here we are.

Dem led government might ensure that AG does its work properly, though.

[Koo82]

Thanks God this one is not merged with the topic "Thaksin guilty..."

[amarka]

If he wants to fight the case, he should return to TH and do it in person

....... and face a corrupt legal system that has already made up its mind......

Edited December 12, 2008 by amarka

[amarka]

If he wants to fight the case, he should return to TH and do it in person

....... and face a corrupt legal system that has already made up its mind......

….. just read the recent articles written by the economist newspaper and you can see what is really going in thailand… and why Thaksin is being persecuted….. unfortunately these comments are not allowed to be published in thailand or on this forum... but a quick google will help!

Edited December 12, 2008 by amarka