Prosecution Order On Saxena Delayed Due To Technicalities

[webfact]

Prosecution order on Saxena delayed due to technicalities

Public prosecutors have asked police to comply with two legal technicalities before deciding on the prosecution order against Indian fraud suspect Rakesh Saxena, chief prosecutor Seksan Bangsomboon said on Wednesday.

The five-member prosecution panel found two flaws in the police report on Saxena's involvement in embezzling Bt1.6 billion from the defunct Bangkok Bank of Commerce in 1996.

First the translated transcript of the police report has to be revised. Second police have not complete the prescribed steps for notifying the charges to Saxena as per Article 134 of the Criminal Procedural Code.

The notification of charges is incomplete due to the fact that Saxena was just sent back from Canada on Friday. It is expected to take no more than three days to revise the translation and notify Saxena his charges.

-- The Nation 2009/11/04

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[iforget]

Think they'll manage to get it right before the statute of limitations runs out in July next year?

[andyc2006]

Think they'll manage to get it right before the statute of limitations runs out in July next year?

That's a difficult question to answer, but irregardless, I think they'll have their conviction before then.

[vitalia]

Hmm...only back a few days and already he managed to pay someone off. The power of money. Methinks he will walk free soon.

[ryladie99]

Wow?? this news shocked me and I hope the show must go on...1996 was the bad year for Thailand if this suspect walks then we all know why??? However if he goes to jail then we have to find out wheather the Thai gets her money back?? I doubt...I am sure he has a dam good defense lawyer, my take...and opinion.

[DegenFarang]

Hmm...only back a few days and already he managed to pay someone off. The power of money. Methinks he will walk free soon.

My first thought upon reading the headline as well.

[givenall]

Hmm...only back a few days and already he managed to pay someone off. The power of money. Methinks he will walk free soon.

Why are you surprise? I would do the same if I was in the same situation and had lots of money too.

This is the land of opportunity for rich

[asiawatcher]

The legal team has only had 13 years to get it sorted so to rewrite the patchwork now is a bit hard to swallow? It was good enough to obtain an extradition in North America but the legal team here has to 'adjust'. Be as shame to get it thrown out on a technicality - or maybe that's what the purchasing power is all about. Stands to reason - jails here don't have wheel chair access either so house arrest in luxury is well on the cards if it does proceed. He certainly made a lot of locals wealthy by his actions so time he called up a few favours! Interesting to say the least.

[Arkady]

The legal team has only had 13 years to get it sorted so to rewrite the patchwork now is a bit hard to swallow? It was good enough to obtain an extradition in North America but the legal team here has to 'adjust'. Be as shame to get it thrown out on a technicality - or maybe that's what the purchasing power is all about. Stands to reason - jails here don't have wheel chair access either so house arrest in luxury is well on the cards if it does proceed. He certainly made a lot of locals wealthy by his actions so time he called up a few favours! Interesting to say the least.

My thoughts entirely. I wouldn't be at all surprised to see this end in an acquittal like the American boiler room operator who was eventually acquitted of masterminding the murder of his former busness partner, even though the Thai prosecutors managed to present strong enough evidence for a US court to extradite one of their own citizens on a capital charge to a third world country, something I doubt the US does lightly. Saxena has plenty of cash to pay people of off and hire decent lawyers. His Thai wife's family have connections (it was his father-in-law who introduced him to the gang of 16) and the prosecutors have to prove embezzlement by some one who was not an officer of the bank which is far harder than the malfeasance charges they got Kirrkiat on which were very clear cut. Even the latter is still walking free after being sentenced to 100 years in prison. Finally there are a lot of influential people who would like to see Saxena either dead or let off the hook and off abroad again without bringing any one else down. He probably couldn't stay in Thailand, even if he were acquitted.

[Acharn]

Hmm...only back a few days and already he managed to pay someone off. The power of money. Methinks he will walk free soon.

Why are you surprise? I would do the same if I was in the same situation and had lots of money too.

This is the land of opportunity for rich

So was Canada. He made millions more while he was there. The Toronto newspaper has been reporting on his boiler-room and stock scams for the 13 years he was there. He should be doing 15-25 there before they send him back here, but the Canadian public prosecutor apparently decided not to press charges because he thought the extradition case would be finished years ago. "Hes gonna be gone Real Soon Now." You can't tell me the years of delay were an accident.

[Acharn]

The legal team has only had 13 years to get it sorted so to rewrite the patchwork now is a bit hard to swallow? It was good enough to obtain an extradition in North America but the legal team here has to 'adjust'. Be as shame to get it thrown out on a technicality - or maybe that's what the purchasing power is all about. Stands to reason - jails here don't have wheel chair access either so house arrest in luxury is well on the cards if it does proceed. He certainly made a lot of locals wealthy by his actions so time he called up a few favours! Interesting to say the least.

Well, now, that's an interesting point. I admit I was surprised by the story in the BKK Post the other day. Apparently some very powerful people benefited from his scam, and are not likely to be sued for return of the money. So I guess it depends on how powerful the people are who were hurt. Wonder if the Crown Property Bureau had any investment in Bangkok Bank of Commerce. If it was just tens of thousands of ordinary people it won't count for much.

[moskito]

only wonder why this guy is worth two threads in three days in THAIVISA Forum?

What the he11 has he done wrong? There are hundreds of the same characters in western banks and high positions....who is sending them to jail?

RIP

[mythBuster]

How convenient from the prosecutor who had 13 years long the time to check to point the finger to the police. Not only would such jeopardize the conditions of extradition with Canada (Which is really led by the prosecutors office and not by the police) it gives them also an opportunity to let the scapegoat of the hook. It were after all politicians mainly from Banharn's party and Bhumjai Thaiwho benefitted from the collapse, or should we simply use the word "robbed" the bank. Suthep was outspoken many years ago, now he is suddenly to much in love with power to show guts.

[khaowong1]

Hmm...only back a few days and already he managed to pay someone off. The power of money. Methinks he will walk free soon.

methinks you are correct....

[MamaSan]

Think they'll manage to get it right before the statute of limitations runs out in July next year?

Any idea of where to find statutes of limitations on other things? Also where can one find the Criminal Procedure Code in English?

[MikeWill]

Maybe someone can post some of Saxena's photos.

Where is Sriracha John? I wonder...

[Thai at Heart]

Should all of this been put in order to allow the extradition to take effect?

I was shocked when I saw this story, and if he gets let off, I would imagine the Canadians would have quite a lot to say about it behind closed doors (not that anyone here will care too much about it). However, if he does get off, since this story has made it around the block and back, it would make the Thai legal system look at best incompetent at worst completely corrupt in the eyes of many, but then again; TIT?

They have had this guy under house arrest for 13 years and the papers need to be altered. This isn't like getting your visa and the keeper of the stamp demands another paper. This should have all been put in order, signed sealed and delivered the moment he landed in SVB. Right now, some people will be blushing, if he gets off, I hope some pretty high powered people get their asses kicked.

Edited November 4, 2009 by Thai at Heart

[otherstuff1957]

I actually don't think he had to pay anyone off to get the case delayed/possibly thrown out. If he is prosecuted he'll probably pull down a good number of the 'group of sixteen' with him. This is the reason that corruption cases rarely get anywhere in Thailand. Too many highly placed people have dirty fingers. If one person goes down he will almost aways start naming names, so they never get taken down.

Why do you think Samak got convicted of hosting a cooking show, instead of the Ambulance scandal? It was the only thing that they could safely convict him of.

My prediction: Either the case will be thrown out on a technicality or it will turn into another rubber tree saplings case!

[brahmburgers]

Reminds me of what Hustler magazine's Larry Flint said to his lawyer when the lawyer got repeatedly frustrated and threatened to quit;

"You can't quit. I'm the perfect client. I'm more fun, I'm rich, and I'm always in trouble."

Well, take away the 'more fun' part, and it describes Saxena.

Edited November 4, 2009 by brahmburgers

[RickBradford]

It will be done in the usual Thai way, i.e. behind the scenes.

1) Who can he embarrass? Who can he actively finger for criminal activity?

2) Which of those people belong to the current (Yellow) government and which are in (Red) opposition?

3) Prosecute the Red ones, exonerate the Yellow ones.

Then the announcements will be made, with all the pompous authority of people who think everyone believes them...

[Somrak]

If they are all, Taxin and ... and .....with his ...wife and the mother of .j. are killd.. May Thailand wiil have a future?

I hope CH will take aktions But CH is a shame!! The Money stays in our country and waits for the .....

Edited November 4, 2009 by Somrak

[Somrak]

rick: The red ones are the big criminals. I hope you see this!

Taxin did make his money with corruption in a few years. And he is much moore dangers then the rest. They are not good peoples to. B

[HappyThaiLife]

Prosecution order on Saxena delayed due to technicalities

Public prosecutors have asked police to comply with two legal technicalities before deciding on the prosecution order against Indian fraud suspect Rakesh Saxena, chief prosecutor Seksan Bangsomboon said on Wednesday.

The five-member prosecution panel found two flaws in the police report on Saxena's involvement in embezzling Bt1.6 billion from the defunct Bangkok Bank of Commerce in 1996.

First the translated transcript of the police report has to be revised. Second police have not complete the prescribed steps for notifying the charges to Saxena as per Article 134 of the Criminal Procedural Code.

The notification of charges is incomplete due to the fact that Saxena was just sent back from Canada on Friday. It is expected to take no more than three days to revise the translation and notify Saxena his charges.

-- The Nation 2009/11/04

He'll probably get acquitted and then Thaksin will return...

[webfact]

RETURN OF SAXENA

Translation holds up Saxena fraud case

By The Nation

Published on November 5, 2009

Public prosecutors have asked for a complete translation of a police investigation report on the case against Indian fraud suspect Rakesh Saxena. The additional translation will likely take a few days.

Saxena is accused of embezzling a huge amount of money from the now-defunct Bangkok Bank of Commerce in 1996. He was extradited from Canada last week.

Department of Economic Crime Litigation chief prosecutor Seksan Bangsomboon said police had been asked to provide the additional translation of the questioning of Saxena during the past several days.

Seksan chairs a panel of public prosecutors reviewing the investigation report against Saxena which will decide on the prosecution orders.

After looking at the report, the panel ruled police must inform Saxena of his rights in line with Article 134 of the Criminal Procedural Code --- notification not yet complete because Saxena arrived Thailand just days ago.

Saxena has now been detained at the Bangkok Remand Prison. He is monitored through closed-circuit security cameras around the clock.

A source said the Indian suspect, who had partial paralysis, was starting to adjust himself with his new surroundings well. "He looks fresher and sometimes chats with inmates and officials," the source added.

Corrections Department director general Chatchai Sutthiklom said Saxena did not make any special request. Only close relatives will be allowed to visit him during his detention.

"Only one visit will be allowed in a day and each visit will last no longer than 20 minutes," Chatchai said.

However, he said lawyers could visit the suspect for counselling anytime during the day without any time constraint.

"But this will also depend on whether Saxena is willing to meet any visitors," Chatchai added.

-- The Nation 2009/11/05

[Brewsta]

Think they'll manage to get it right before the statute of limitations runs out in July next year?

Be nice, people....the Thai authorities have only had 10 years-plus to get the paperwork right for the incredibly novel case of business fraud in LOS.

Perhaps a number of the Group of 16, including current esteemed party leaders who have intimate knowledge of this case, could step in and help?

Rgdz from a well nippy ChiangMai,

Brewsta

[gotte]

The legal team has only had 13 years to get it sorted so to rewrite the patchwork now is a bit hard to swallow? It was good enough to obtain an extradition in North America but the legal team here has to 'adjust'. Be as shame to get it thrown out on a technicality - or maybe that's what the purchasing power is all about. Stands to reason - jails here don't have wheel chair access either so house arrest in luxury is well on the cards if it does proceed. He certainly made a lot of locals wealthy by his actions so time he called up a few favours! Interesting to say the least.

My thoughts entirely. I wouldn't be at all surprised to see this end in an acquittal like the American boiler room operator who was eventually acquitted of masterminding the murder of his former busness partner, even though the Thai prosecutors managed to present strong enough evidence for a US court to extradite one of their own citizens on a capital charge to a third world country, something I doubt the US does lightly. Saxena has plenty of cash to pay people of off and hire decent lawyers. His Thai wife's family have connections (it was his father-in-law who introduced him to the gang of 16) and the prosecutors have to prove embezzlement by some one who was not an officer of the bank which is far harder than the malfeasance charges they got Kirrkiat on which were very clear cut. Even the latter is still walking free after being sentenced to 100 years in prison. Finally there are a lot of influential people who would like to see Saxena either dead or let off the hook and off abroad again without bringing any one else down. He probably couldn't stay in Thailand, even if he were acquitted.

USA????? WHEN DID HE STAY IN THE US ???? I THOUGHT EVERYONE KNEW ACCORDING TO EXTRADICTION IT WAS FROM CANADA ??? OR?

[brahmburgers]

Even the latter (Kirrikiat) is still walking free after being sentenced to 100 years in prison.

Perhaps if he'd gotten 250 years, he'd be at least under house detention.

From a detailed Bkk Post article, Tuesday's edition, Kirrikiat and Saxena looked a heck of a lot like two guys who were playing BCC like a bloated cash cow, for dozens of nerarious get-rich-quick scams, a mile a minute. Their VIP fellow scamsters also gained billions of baht in the scams. One Russian comrade made off like the bandit they all were.

Heads should roll among the overseers also, namely BOT execs, who were either completely out to lunch, or were in on the shenanigans. Where do Thai bank execs come from? .....are they former Detroit mafia who were assigned to inactive overseas posts?

[hhiser]

The legal team has only had 13 years to get it sorted so to rewrite the patchwork now is a bit hard to swallow? It was good enough to obtain an extradition in North America but the legal team here has to 'adjust'. Be as shame to get it thrown out on a technicality - or maybe that's what the purchasing power is all about. Stands to reason - jails here don't have wheel chair access either so house arrest in luxury is well on the cards if it does proceed. He certainly made a lot of locals wealthy by his actions so time he called up a few favours! Interesting to say the least.

Technicalities are lawyers stock in trade.

[animatic]

Kriri-kiat is likely free because of the former coup-miester, super high controller of the whole nation

that leveraged him into this position to begin with. It is too early and I have had too little coffee

to put the name in....

But it seems quite logical that there is a rather comprehensive compilation file, or 20,

with some serious dirt, or so many of todays senior players that 'Jr' has s get out of anything

but 'murder live on national TV', 'free pass for life'. for himself. And Saxena doesn't,

so 100 year sentence or not, they still need a non-Thai to hang MOST of the dirt on,

to save prosecutorial face with.

Doesn't mean Saxena is not culpable, but this possibly explains Kriri-kiat not seeing any incarceration

in spite of showing probable ineptitude in who he had as advisor's in banking and"High Finance".

[phil2]

Why do you think Samak got convicted of hosting a cooking show, instead of the Ambulance scandal? It was the only thing that they could safely convict him of.