Questions About Thakin's Upcoming Assets Case

[livinthailandos]

First as much as I read various things online i have not seen many articles or posting about what exactly he is being charged with. All I know is from this that these 3 areas are being put forth in the case

A. sale of his family's shares in Shin Corp to Singapore's state-owned Temasek Holdings in early 2006

B. With his ex wife about the land bought near the airport

C. Giving unfair advantages to certain companies

Other than these 3 things I really dont know what actual other charges are put in. I've asked a few people but seriously nobody really seems to have any idea on what the charges are. I ask this question because I have heard there were 13 offenses he is accused of and I just want to know that they are.

Try to stick with what I want to know or at least add something useful. We all know already what kind of person this man is no need to post it on here as we have tons of other postings and comments regarding him. Look forward to all your answers

[givenall]

If this was US and you did less than any of the three you mentioned you would be fired and some cases prosecuted for using your official job and influence. I am not sure what is the deal he is guilty and he should pay for his action by jail and loss of his wealth, especially the wealth he gained by his illegal actions

[Brunus]

I don't know what he has been charged with. But in my country, you can face multiple charges for one single crime (if you break many rules by committing a single crime). Maybe this is the case. I am interested to know that too.

[slimdog]

Thaksin & his family have been taken to court for violations of the Organic Act on Counter corruption, and in particular Chapter 7, "The request for property to devolve to the state"

The basis of this case is that the Asset Examination Committee, with the full power of the NCCC, decided that Thaksin and his family became "Unusually Wealthy" this is defined in section 4 of the organic Act as:

"unusual wealthiness" means having an unusually large quantity of assets, having an unusual increase of assets, having an unusual decrease of liabilities or having illegitimate acquisition of assets in a consequence of the performance of duties or the exercise of power in office or in the course of duty.

Having decided that there was a case against Thaksin and members of his family, assets from the sale of Shin Corp were frozen. This was to cover the losses to the state (which were classified as gains to the Shinawatra family). Should the court decide that the any of the gains to the Shinawatra family were acquired legally then that money will be returned.

Should the court decide that the money frozen by the AEC was acquired illegally then that money (After any rewards) will be handed over to the state to go into the central fund.

Should the court decide that the amount obtained illegally was greater than the amount which has been frozen, then additional assets may be taken, up to the amount ordered by the court.

In this particular case, the prosection has outlined a series of actions taken by Thaksin during his time in office which they feel has caused him and his family to be "unusually wealthy". These are mostly concerning using his position to change telecom & Satelite concession payments, tax liabilities and concession terms.

According to the law; the defendants in the case have already been given an opportunety to clarify whether the assets frozen were acquired through legal means, and have failed to convince the AEC of this fact. Therefore in the court case, the burden of proof lies with the defendants to prove that the AEC made a mistake, and that the assets were legally acquired.

Edited January 2, 2010 by slimdog