Special Doctors Oversee Health Of Rakesh Saxena

[george]

Special doctors oversee health of Rakesh Saxena

BANGKOK: -- A special team of personal medical advisers to Justice Minister Pirapan Salirathavibhaga has been assigned to conduct a new medical check-up on extradited banker Rakesh Saxena who is now facing alleged embezzlement charges which led to the collapse of the Bangkok Bank of Commerce (BBC) in 1995.

Mr Pirapan said he assigned the extraordinary medical team to conduct a medical check-up on Mr Saxena while the detainee is at Bangkok Remand Prison (Klong Prem).

The new medical check-up is needed to see whether Mr Saxena is suffering from several illnesses as he claims, and also to determine signs of paralysis, in which then he will have to undertake a treatment of physical therapy, he said.

The medical team will report on Mr Saxena’s health to Mr Pirapan on Wednesday.

Mr Pirapan said that Department of Special Investigation (DSI) officials are prepared to help the police investigations of Mr Saxena if others are implicated.

Fugitive Indian-born ex-financier Saxena, extradited from Canada, arrived in Bangkok early last weekend, and now faces charges for alleged embezzlement. He gave scant information to police after his arrival, saying that he would rather speak in court.

In 1995, Mr Saxena, then BBC’s treasury adviser, allegedly colluded with Krirkkiat Jalichandra, then bank president, and was involved in setting up dummy loans and fabricating accounts to siphon millions from the bank, causing its collapse under US$3 billion in debts, along with nearly 60 other financial institutions, leading directly to the 1997 financial crisis.

-- TNA 2009-11-08

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[george]

Saxena to lodge complaints if more cases filed

BANGKOK: -- A defence lawyer in the Bangkok Bank of Commerce (BBC) case yesterday warned that Thai authorities would be violating the extradition treaty if they filed cases other than that involving City Trading against the bank's former adviser, Rakesh Saxena.

The lawyer, who asked to remain anonymous, dismissed a comment by a public prosecutor, who was behind the successful extradition of Saxena, that prosecutors would file 20 more cases against him by notifying the Canadian government first as they are offences of a similar nature.

The lawyer threatened that Saxena would file complaints in a Thai court and with the Canadian government if he were to face legal action in other cases. He said Thai prosecutors could not seek permission from Canada to press other charges against Saxena.

He said the right of the suspect is protected by the treaty that Siam ratified with the United Kingdom (Canada was a part of the British Empire at the time). He must not be pressed with charges other than what is stated in the request for his extradition.

Thai prosecutors had accused Saxena of embezzling Bt1.6 billion |from BBC through illegal approval |of a credit line to City Trading.

It was the only case cited for his extradition. "If Thai authorities do not conform to the treaty, they would hurt the country's relations with Canada. They must think carefully and should not put the country's integrity at stake just because they want to take action against Saxena,'' he said.

He said the 13 years that Saxena had already been detained under house arrest in Canada could also be deducted from any jail sentence the court might impose, if found guilty.

The lawyer also dismissed speculation that Saxena would be punished in the same way as BBC president Krirk-kiat Jalichandra, who was found guilty and given long prison terms in cases involving BBC. He said the case was totally different and the suspect was a different person.

The court has to start the trial from scratch by calling witnesses to testify again. Many witnesses had already died. Prosecutors have said that of the more than Bt10 billion that Saxena allegedly embezzled from BBC, Bt2 billion had been retrieved so far.

The Bank of Thailand has been seeking cooperation from banks overseas to seize the rest of the money if they find it.

-- The Nation 2009-11-08

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[geriatrickid]

The treaty referenced is here and I don't think it quite covers the lawyers' claim

http://www.treaty-accord.gc.ca/text-texte.asp?id=103417

Treaty, which was argued to have been abrogated by Thatiland's alliance with Japan, says

Extradition may also be granted at the discretion of the State applied to in respect of any other crime for which, according to the law of both of the Contracting Parties for the time being in force, the grant can be made.

Nor do I think the Canadian government after pissing away an estimated C$15million on this fellow's case really cares what happens to him.To put it bluntly, taxpayers are glad to be rid of the fellow.

Edited November 9, 2009 by geriatrickid