Can The Court Seize Pojaman's Share? : Thaksin's Ex-Wife

[slimdog]

Having READ your post and those on the rest of this thread and having followed the story in detail I think she is every bit as quilty as him and it should all be seized.

As someone else pointed out, She was found quilty by the courts and sentenced to 3 years in Prison .. SO WHEN is she going to serve her time ?

You do appreciate, that if the court decides to confiscate the full 76 billion baht, then they will have to overturn that conviction..

[Moonrakers]

Having READ your post and those on the rest of this thread and having followed the story in detail I think she is every bit as quilty as him and it should all be seized.

As someone else pointed out, She was found quilty by the courts and sentenced to 3 years in Prison .. SO WHEN is she going to serve her time ?

You do appreciate, that if the court decides to confiscate the full 76 billion baht, then they will have to overturn that conviction..

Why?

[slimdog]

Because the AEC froze 10 billion baht of assets in the name of Pojmans brother. This money came directly from the sale of shin corp shares.

Previously, the criminal court ruled that there was a normal transaction of shares between Pojaman and her brother Bhanawat, and this transfer could not be classified as a gift (which is tax free) between relatives. According to the law, they decided that taxes had to be paid*, and that Pojaman, Bhanapot and the secretary were guilty of evading taxes.

Therefore the court has ruled that Bhanapot is the legal owner of those shares, and therefore exempt from any confiscation of assets under the NCCC act

You cannot say that someone is the legal owner in one case, and not the legal owner in a subsequent case. Therefore to confiscate the full 76 billion baht**, they will have to nullify the original conviction.

* Just for clarification, Bhanapot did pay the tax as soon as a demand was made. On appeal, the taxes were returned due to the statute of limitations.

** The actual amount frozen still seems to be in dispute. Earlier reports indicated that 69 billion had been frozen, then recent reports indicated that the full 76 billion baht the prosecution is demanding seized has been frozen. Now The Nation is going back to the 69 billion figure.

[Bill97]

Since she sold her shares to her family members, which she said she did, then she already received what she should get from that sale and she has no reason to address the court about any potential loss on her part. How can she now reasonably claim something she sold? By doing so, she is saying that she never really sold them thus causing the whole convoluted story to unravel in her face. They tell such twisted stories repeatedly. The more they talk the more trouble they get into.

Next will be the driver, gardner and maid who at one time owned most of the family shares coming forward to ask for their money.

And what has he been living on, he did not declare one baht of off shore assets on his legally required statements while he was in office, did he?

Not to worry, it will all be clarified with some more back dated documents like she used in a previous case.

Edited February 25, 2010 by Bill97

[eurasianthai]

To reply to the OP.

Well, at the end, isn't she the guilty one?

Thaksin was sentenced to 2 years in jail for helping his wife to get a land at a discounted price.

And the ex-wife still owns the land without anybody asking questions.

TIT ...

[rixalex]

* Just for clarification, Bhanapot did pay the tax as soon as a demand was made. On appeal, the taxes were returned due to the statute of limitations.

How absurd "justice" can be at times.

[Moonrakers]

* Just for clarification, Bhanapot did pay the tax as soon as a demand was made. On appeal, the taxes were returned due to the statute of limitations.

How absurd "justice" can be at times.

Excuse me if I have this wrong, but after being found guilty not only are they allowed to walk free but they ALSO got back the money that they originally stole?

[gemini81]

she didn't even adhere to the sentencing she was already found guilty of.

[gemini81]

* Just for clarification, Bhanapot did pay the tax as soon as a demand was made. On appeal, the taxes were returned due to the statute of limitations.

How absurd "justice" can be at times.

Excuse me if I have this wrong, but after being found guilty not only are they allowed to walk free but they ALSO got back the money that they originally stole?

exactly! concealing money, lying, being found guilty...how is there even a chance of getting more billions back?? why isn't it frozen until the 3 years are completed? I guess the books look at it case-by-case? To think that 30% of the population live in poverty, and then you have this couple whining and complaining!

[slimdog]

* Just for clarification, Bhanapot did pay the tax as soon as a demand was made. On appeal, the taxes were returned due to the statute of limitations.

How absurd "justice" can be at times.

Excuse me if I have this wrong, but after being found guilty not only are they allowed to walk free but they ALSO got back the money that they originally stole?

If memory serves me correctly, the appeal on the taxes was concluded a few days prior to the ruling on tax evasion.

The three individuals are currently out on bail pending a court of appeal review.

[cdnvic]

One off topic post deleted.

[eljeque]

If the shares were worth x amount before thaksin got into power and after he start fiddling with the laws, the value increased by y amount, then surely the fair result would be to take y leaving her with x.

Try looking at it this way instead.

If he uses something that is legally his, and does something illegal to make a lot more, then I believe that he should loose the lot.

It is like gambling. He took a risk, made a gamble, cheated, and now got caught. He should not lose only what he made illegally, but also what he gambled with to make it. That is hte risk he took.

And, the idea that this man actually made money legally and honorably is a joke. He received government contracts for computers, software, netwoks, etc., from the beginning. He then moved on to being granted a concession for mobile phone networks, a concession for 10 years. What a great deal. Your own monopoly. He and his pals also tried to take over EGAT.

It is rare when an actual big time theif gets caught. Even though all of them are the same, isn't it nice to see at least one get caught. It is not that the laws are being applied unfairly, but that they are actually being applied. Maybe they will be applied more often? ...maybe not? :-)

[oldthaihand]

The court can do whatever it wants, chai mai krup.

In the decisions to date, rulings have been made pretty much to the letter of the law.

I would expect this decision to be the same.

My point was that the Judicial Branch has the last say in these matters because they interpret the law.(i.e. Perhaps, the title could be better worded.) Not implying that they have or have not done so accurately in the past, nor am I making future predictions.

oth

Edited February 26, 2010 by oldthaihand