Thaksin Gets More Time To Fight Assets Seizure Case

[ballpoint]

What has the children asset got to do with Thaksin.

This is not France 220 years ago, when the heads of the whole family could roll because of just one man.

If only it were so... Put a large guillotine in Sanam Luang, line up the entire Shinarotten clan and chop chop chop.

[LevelHead]

You may well find with this case that the courts having deliberately procrastinated, delayed, deferred and generally time-wasted suddenly get their skates on now.

The reason of course is obvious. The courts have been colluding with the 'elite'. If they had authorised the confiscation of the 76 Billion Baht when PPP was in power, it would have been tantamount to handing the money back to Thaksin. Now the Dems are in power, now might be a very good time to snaffle the cash from the point of view of the 'elites'.

However, knowing Thailand, you'll probably see the case drag on for years 'cos nobody will want to make a decision as whatever decision is made, somebody won't like it and who wants powerful enemies in this country.

Yes, very well put.

In the world "what goes around comes around" and its why now the Democrats are in power, they are trying to offer "Olive Branches" to Thaksin and are trying to get in touch and discuss.

All people die, and then new people come in.

New people might support Thaksin, and he will suddenly become a very powerful figure and might return, and at that time, the vengance might be very swift and very harsh.

So, with that outlook, you can understand why they will tip toe through things and try not to upset him too much, they will try to mend bridges and hope we mellows as time goes by. Don't expect the new government to do anything against him, apart from the public media nonsense like passports and titles etc..

For if he does not mellow with time and holds the grudges he has now against the old power clique, and he waits for his friend to become powerful when that day happens, well, things could turn very nasty for those who presently have set him up and screwed him.

Those presently in power now have to try to return to the old status quo as quick as possible, that is call all sides in, let them all make some money, but keep that money between just the "priviliged" and stop all this "people power thai love thai" stuff. Let the poor be poor and stuggle to survive, and let the rich be rich and enjoy.......the old status quo.

[samgrowth]

Thailand, 2009.

Any assets of Thaksin's children are Thaksin's assets.

I hope the above can be universally applied.

I drive an old Vauxhall, while my son drives a brand new 7 series.

[Sandstone Art]

What has the children asset got to do with Thaksin.

This is not France 220 years ago, when the heads of the whole family could roll because of just one man.

The children really got assets of their own??

[samgrowth]

What has the children asset got to do with Thaksin.

This is not France 220 years ago, when the heads of the whole family could roll because of just one man.

If only it were so... Put a large guillotine in Sanam Luang, line up the entire Shinarotten clan and chop chop chop.

You mean turn them all to eunuchs.

Well, since Thaksin is divorced, he don't need his anyway. Not sure about his son though.

[sriracha john]

Thailand, 2009.

Any assets of Thaksin's children are Thaksin's assets.

I hope the above can be universally applied.

I drive an old Vauxhall, while my son drives a brand new 7 series.

The difference being that presumably your son actually worked to buy a brand new 7 series.

The only work Oak ever did was to call out for a drug delivery.

[Plus]

You may well find with this case that the courts having deliberately procrastinated, delayed, deferred and generally time-wasted suddenly get their skates on now.

The reason of course is obvious. The courts have been colluding with the 'elite'. If they had authorised the confiscation of the 76 Billion Baht when PPP was in power, it would have been tantamount to handing the money back to Thaksin. Now the Dems are in power, now might be a very good time to snaffle the cash from the point of view of the 'elites'..

Yes, very well put.

Except it doesn't make any sense whatsoever.

In the world "what goes around comes around" and its why now the Democrats are in power, they are trying to offer "Olive Branches" to Thaksin and are trying to get in touch and discuss.

First of all, the case was filed long ago when PPP was in power. At that time people were afraid that the money released for paying taxes would have disappeared because you just couldn't trust PPP to hold on to Thaksin's money. Not a big concern now as Democrats can keep an eye on it.

It's takes a really confused mind to imagine that Dems would unfreeze 12 billion baht and then hand it over to Thaksin instead of transferring it to Revenue Department.

Let's see what the court says on the legality of such move in the first place. I suspect that it won't allow any access to frozen funds - after all the court case is underway and the money can be confiscated. Why allow Thaksin or his children to use it for any reason? Although paying taxes sounds like a reasonable excuse, how is it different from settling out any other debt obligations?

It's a double whammy for Thaksin - not only his proceeds from Shin sale can be confiscated, but he would also have to pay taxes on them from other sources.

[hammered]

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.

Khunjames, You are correct! Apparently plus does not have much of a backround in the legal system Of course I also feel the need to add that this is Thailand we are talking about after all and perhaps the "legal system" in Thailand may be going the same way as the government, that is they are both becoming puppets of the military

I think you'll find Thai law doesnt have discovery actually (disclosure for Brits). Thai law is based on roman code and not English common law.

[LevelHead]

@PLUS

They did not want the money confiscated and given to a PPP controlled government.

AND

The case was instigated by the coup leaders and CNS under the interim government.......not the PPP.

[Plus]

I'm talking about Revenue Dept request to unfreeze part of 76 billion so that kids can pay their taxes.

The frozen assets case has little to do with PPP govt and proceeds at its own pace, no faster or slower than any other.

Do you really think the elites conspired to install Abhisit so that they could confiscate and divide money in safety?

Why would they object to confiscated money going to treasury with PPP in charge?

[TAWP]

What has the children asset got to do with Thaksin.

This is not France 220 years ago, when the heads of the whole family could roll because of just one man.

If only it were so... Put a large guillotine in Sanam Luang, line up the entire Shinarotten clan and chop chop chop.

You mean turn them all to eunuchs.

Well, since Thaksin is divorced, he don't need his anyway. Not sure about his son though.

Well, since his son is rumored to be playing for the wrong team I wouldn't be afraid of many children being made there...

[sriracha john]

Court to rule on frozen assets of Thaksin's children

The Central Administrative Court will this afternoon hand down its verdict whether to release Bt12 billion held in impounded bank accounts of Panthongtae and Pinthongta, son and daughter of ex-premier Thaksin Shinawatra.

The gist of the litigation is that the Assets Examination Committee invoked the graft law to freeze the bank accounts but the Revenue Department cited the tax law to demand the funds to pay for tax liabilities.

Siam Commercial Bank is the complainant seeking the judicial review on how to comply with conflicting instructions relating to the accounts held at the bank.

The Nation / 2009-01-15

and the decision is.....

F. Off

Panthongtae and Pinthongta Shinawatra

Admin Court Orders SCB to Continue to Freeze Assets of Shinawatra's Children

The Central Administrative court ruled not to release 12 Billion Baht held in impounded bank accounts of Panthongtae and Pinthongta Shinawatra.

Siam Commercial Bank filed a petition with the court, seeking the judicial review on how to comply with conflicting instructions relating to the accounts held at the bank.

- TOC / 2009-01-15

Edited January 15, 2009 by sriracha john

[marshbags]

Court to rule on frozen assets of Thaksin's children

The Central Administrative Court will this afternoon hand down its verdict whether to release Bt12 billion held in impounded bank accounts of Panthongtae and Pinthongta, son and daughter of ex-premier Thaksin Shinawatra.

The gist of the litigation is that the Assets Examination Committee invoked the graft law to freeze the bank accounts but the Revenue Department cited the tax law to demand the funds to pay for tax liabilities.

Siam Commercial Bank is the complainant seeking the judicial review on how to comply with conflicting instructions relating to the accounts held at the bank.

The Nation / 2009-01-15

and the decision is.....

F. Off

Panthongtae and Pinthongta Shinawatra

Admin Court Orders SCB to Continue to Freeze Assets of Shinawatra's Children

The Central Administrative court ruled not to release 12 Billion Baht held in impounded bank accounts of Panthongtae and Pinthongta Shinawatra.

Siam Commercial Bank filed a petition with the court, seeking the judicial review on how to comply with conflicting instructions relating to the accounts held at the bank.

- TOC / 2009-01-15

Just to compliment your post S.J. courtesy of :-

The Nation, Breakingnews

Court confirms frozen assets of Thaksin's children

The Administrative Court on Thursday ruled for the continuation of an impound order for Bt12 billion assets of Panthongtae and Pinthongta, son and daughter of ex-premier Thaksin Shinawatra.

The court ordered Siam Commercial Bank not to release the frozen funds and cancelled the instruction by the Revenue Department which has demanded the money to pay for income tax liabilities.

The department cited the tax law to try to get hold of the funds although the Assets Examination Committee invoked the graft law to freeze the assets, suspected to be ill-gotten gains.

The Nation

Unquote

marshbags

Edited January 15, 2009 by marshbags

[Plus]

Now kids have to sell something else to pay their taxes on profits that are frozen and likely to be lost forever.

Another stint at McDonalds might be on the cards.

[sriracha john]

Administrative Court upholds freeze on Thaksin children's deposits

BANGKOK, Jan 15 (TNA) - Thailand's Administrative Court on Thursday upheld an earlier court ruling which allowed Siam Commercial Bank (SCB) to continue the freezing of 12 Billion Baht it holds in accounts of two children of convicted former prime minister Thaksin Shinawatra.

The court ordered SCB not to release the deposits of Panthongtae and Pinthongta Shinawatra ordered frozen by the now-defunct Assets Examination Committee (AEC) on June 11, 2007.

The ruling was made following an enquiry by SCB whether it should unfreeze the deposits after the Revenue Department asked the bank to release the money so that it could be used to pay for income tax liabilities.

The funds requested by the Revenue Department is part of the 76 Billion Baht of the Shinawatra family assets ordered frozen by the AEC. About 39.63 Billion Baht was deposited with SCB.

The AEC's cases have been taken over by National Counter Corruption Commission.

[sriracha john]

Thaksin family's 12 Billion Baht remains impounded

The Supreme Administrative Court yesterday ruled for the continuation of an impound order for the 12 Billion Baht in assets of Panthongtae and Pinthongta, son and daughter of ex-premier Thaksin Shinawatra.

The court ordered Siam Commercial Bank not to release the frozen funds and cancelled an instruction by the Revenue Department, which has demanded the money to pay for income tax liabilities.

The Department cited the tax law to try to get hold of the funds - although the Assets Examination Committee had invoked the graft law to freeze the assets, suspected of being ill-gotten gains.

The judicial ruling has assigned the priority on the graft procedures over the tax obligations. This has in effect kept the suspicious wealth of 76 Billion Baht amassed by Thaksin and his family under confiscation until the completion of a separate judicial review by the Supreme Court.

The Court upheld a verdict in October last year by the Central Administrative Court, which ruled in favour of having the bank continue complying with the AEC's asset-freeze order.

The freeze of the Thaksin family's assets is in connection with a case being tried in the Supreme Court's Criminal Division for Political Office Holders, in which the ex-premier is accused of being unusually wealthy, a euphemism for corruption.

The high court is conducting an inquiry before ruling whether to seize the assets as ill-gotten gains.

About 80 red-clad people, believed to be Thaksin's supporters, were inside the courtroom yesterday. One man in a red shirt criticised a group of media workers waiting for the verdict, saying they were biased.

Court officials later asked the man and other people who failed to get seated to leave the courtroom.

- The Nation / 2009-01-16

[sriracha john]

'Vagabond' Thaksin to fight on

Will not rest until state returns his fortune

Ousted PM Thaksin Shinawatra says he will continue fighting for justice for himself, and will not rest until he gets back the 76 Billion Baht in family money confiscated by the state. Likening himself to a vagabond, Thaksin said he lived the lonely life of a fugitive, spending most of his time alone without a home or his family by his side. While his foes might regard him as a divisive influence, he was not about to end his involvement in Thai politics until his name was cleared and the state gave him back the money it had taken.

In a live phone-in interview on satellite TV DStation, a station run by leaders of the UDD, Thaksin said his financial status overseas was still manageable, but he would continue to fight to regain the money which was confiscated, based on allegations against him that he was unusually wealthy. "It's the sum that my family spent our whole lives to earn. Usually, it [wealth earned by corrupt means] must be the state's money, as it has been channelled [to politicians]. But this is my money," said Thaksin, who fled the country in August last year and was sentenced to a two-year jail term in October for abuse of power in a land purchase deal. Despite calls for him to end his involvement in politics for the sake of national harmony, Thaksin insisted that would not happen unless he gets justice. "I demand justice for myself and my family," he said. "I can keep fighting. Without getting justice, I will never stop."

Continued here:

http://www.bangkokpost.com/news/local/1041...sin-to-fight-on

[unforgiven]

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.

correct me if I'm wrong,but it seems like this new gov. is getting its sea legs(lets hope).I believe it's important that the Gov. does everthing by the book.He that may not be nameds will is to more forward with the new PM and make justice prevail in regards to Taksin......... hats off!!!!!!!!!!!!!!!!!!

[mrtoad]

Dick Shinawatra looks forlornly across London, realising he'll never see it again.

[sriracha john]

Assets case in March

The Supreme Court yesterday rejected a request by former premier Thaksin Shinawatra and his relatives for more time to submit testimony in a 76 Billion Baht case involving the sale of telecom giant Shin Corp to Singapore's Temasek Holding.

In scheduling March 26 for the start of the trial, the court said the deadlines were reasonable, given the petitioners had the opportunity to provide proof while the Assets Examination Committee was investigating the case several months ago.

Thaksin was given until January 20 and the others until January 3 to defend their frozen assets.

The AEC probe led to the Attorney-General's Office in August indicting Thaksin for being unusually wealthy and demanding the seizure of 76 Billion Baht of his family's assets.

The money was earned from the sale of the Thaksin family's Shin shares.

- The Nation / 2008-12-27

*BUMP*

.... Thaksin eventually did win a delay that resulted in:

"The Supreme Court will begin hearing testimony of witnesses for the defence in the trial of former prime minister Thaksin Shinawatra on July 16 in his 76 Billion-Baht asset seizure case. But the court's Criminal Division for Holders of Political Positions, through a panel of nine judges led by senior judge Somsak Netmai, yesterday rejected Thaksin's request for a proxy to deliver his opening statement orally.

The court insisted Thaksin file his opening statement in writing."

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

only 5 days to go before the epic event...

[sriracha john]

From the OP:

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.

bangkokpost

12Dec2008

and this was further delayed until July 16....

but now... no further delays...

and the real prize in the turmoil of the last couple years gets underway tomorrow....

[hammered]

Wonder if get fireworks. Usually all the big ebvents mysteriously seem to coincide with Thaksin court cases

[sriracha john]

Former Thai PM fights bid to seize $2.2 billion assets

Former Thai Prime Minister Thaksin Shinawatra Thursday challenged a move to seize 76 billion baht (1.3 billion pounds) of his family's assets, which the government claims were gained through abuse of power. Skip related content

The former telecoms tycoon, whose assets have been frozen since he was ousted as premier in a 2006 military coup, says the government's case is politically motivated and groundless.

"The junta launched many corruption charges against me to justify their actions," Thaksin said in a hand-written statement seen by Reuters and due to be read before the Supreme Court, which opened the case Thursday.

"They also appointed my opponents to investigate me. How can I get a fair trial?"

Thaksin, sentenced in absentia in October to two years in prison for graft and now in self-imposed exile, has used money from offshore accounts to fund his globe-trotting life.

Thaksin's Thai passport has been revoked and he now travels on passports provided by countries he has pledged to invest in, among them Nicaragua.

The frozen assets come from the $1.9 billion tax-free sale of telecommunications conglomerate Shin Corporation in 2006 to Singapore state company Temasek, which sparked street protests that led to his overthrow in the bloodless putsch.

Thaksin's lawyers say he will argue that he and his wife, from whom he is now divorced, sold all the shares they owned in the company to their children in 2000. They subsequently sold through the market, and such a deal was tax-free in Thailand.

The court heard testimony from two witnesses, the first of 90 Thaksin has listed for his case. The trial is expected to be completed by November 19.

- Reuters / 2009-07-17

[sriracha john]

Prosecutors target Thaksin's frozen funds

Prosecutors in Thailand have started proceedings to permanently seize $3 billion worth of assets belonging to convicted former prime minister Thaksin Shinawatra.

The funds were frozen in 2006 after Thaksin was ousted in a military coup. Prosecutors and the defence team have lined up more than 100 witnesses to take part in the trial, which is expected to last until October.

Thaksin is not expected attend.

The billionaire businessman has lived in exile since the coup returning only briefly last year to face a corruption trial over a multi-million dollar land deal involving his wife.

He fled again before he was sentenced to two years jail in that case.

Thaksin changed many laws while in office, famously adjusting foreign ownership rules to allow the sale of his telecommunications firm Shin Corp to a Singapore company.

- ABC News (Australia) / 2009-07-17

[sriracha john]

Thai Supreme Court begins hearing on Thaksin fortune

BANGKOK, THAILAND - Thailand's highest court on Thursday began its first hearing to determine if authorities can seize about 2.2 billion dollars of frozen assets belonging to exiled former premier Thaksin Shinawatra.

Defence lawyer Chattip Tanthaprasas told the court that Thaksin, living abroad to escape a two-year jail term for corruption, had authorised him to fight the case on his behalf.

Thaksin's 76 billion baht fortune represents most of the profits his family earned when they sold his Shin Corp. telecoms empire in January 2006 to Singapore's state-linked investment firm Temasek Holdings.

Prosecutors argue the Shin Corp. shares belonged to Thaksin, and that he broke the law by not paying tax on the sale. The transaction was done when he was premier, before he was ousted in a coup in September 2006.

But Chattip told the Supreme Court that the shares did not belong to Thaksin himself.

Thaksin "never declared in his official asset list that he held shares in the company (because) they did not belong to him," said the lawyer. Chattip added that if prosecutors had decided the shares did belong to Thaksin, the revenue department should not be seeking tax on them from Thaksin's children.

Thaksin fled abroad in August 2008, shortly before being sentenced to two years in prison for conflict of interest concerning a cut-price land purchase by his then-wife Pojaman.

The tax-free sale of Shin Corp. in 2006 sparked public uproar, bringing tens of thousands of anti-Thaksin protesters into the streets, which eventually led to the coup.

- AFP / 2009-07-17

[LawnGnome]

Lets get this done quickly so we can use the money to pay for the new Red Line!

[emancipationthailand]

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

I doubt that know about a certain Phillipine's incident (deadly machine gun attack at the airport) which resemble Thailand? That's alone greatly hinder the possibility.

May be let's start with executions of all the past dictators well proven to had masterminded the mass killings of peaceful protestors 15 - 25 years ago? (The 2 deadly breaking of protestors) Then, the Thai would felt that justice still actually hold out.

[emancipationthailand]

You may well find with this case that the courts having deliberately procrastinated, delayed, deferred and generally time-wasted suddenly get their skates on now.

The reason of course is obvious. The courts have been colluding with the 'elite'. If they had authorised the confiscation of the 76 Billion Baht when PPP was in power, it would have been tantamount to handing the money back to Thaksin. Now the Dems are in power, now might be a very good time to snaffle the cash from the point of view of the 'elites'.

However, knowing Thailand, you'll probably see the case drag on for years 'cos nobody will want to make a decision as whatever decision is made, somebody won't like it and who wants powerful enemies in this country.

Yes, very well put.

In the world "what goes around comes around" and its why now the Democrats are in power, they are trying to offer "Olive Branches" to Thaksin and are trying to get in touch and discuss.

All people die, and then new people come in.

New people might support Thaksin, and he will suddenly become a very powerful figure and might return, and at that time, the vengance might be very swift and very harsh.

So, with that outlook, you can understand why they will tip toe through things and try not to upset him too much, they will try to mend bridges and hope we mellows as time goes by. Don't expect the new government to do anything against him, apart from the public media nonsense like passports and titles etc..

For if he does not mellow with time and holds the grudges he has now against the old power clique, and he waits for his friend to become powerful when that day happens, well, things could turn very nasty for those who presently have set him up and screwed him.

Those presently in power now have to try to return to the old status quo as quick as possible, that is call all sides in, let them all make some money, but keep that money between just the "priviliged" and stop all this "people power thai love thai" stuff. Let the poor be poor and stuggle to survive, and let the rich be rich and enjoy.......the old status quo.

Lovely! If things turns around. I'll gather for a harsh retaliation against Junta's intelligences/PRs/media networks. ^^

[sriracha john]

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

I doubt that know about a certain Phillipine's incident (deadly machine gun attack at the airport) which resemble Thailand? That's alone greatly hinder the possibility.

Aquino wasn't killed with a machine gun.

The differences between Aquino and Thaksin are astronomical to the point of their personalities and beliefs being polar opposites.

Very much like Thaksin stupidly comparing himself to Nelson Mandela, Mother Teresa, Aung San Suu Kyi, Gandhi, or some other of his absurd analogies.

btw, it's spelled Philippines.

[Plus]

I was always wondered what the red revolution would look like

May be let's start with executions...

Now I have no doubts left.