Thai Court Decision Must Be Respected: Kaewsan

[marshbags]

Court decision must be respected: Kaewsan

BANGKOK: -- Kaewsan Atibhodi, a member of the Assets Examination Committee, discusses the Bt76-billion assets seizure case against former PM Thaksin Shinawatra.

You disagreed with the judges for ordering only partial seizure of the assets, didn't you?

For me, once the court made a ruling, I have no problem with it. But if I talk about this in an academic seminar, I'd say I disagree with the judges. Had I been a judge on the panel, I would have been a minority judge. But this is my academic view as a lawyer, which the judges should understand. You asked me this leading question because you want to portray me as being stubborn about the ruling of the court, didn't you?

But you gave an interview on the day of the ruling saying you adhere to your theory that the entire 'cow' must be seized?

You, reporters, asked me that question before the court made its ruling, so I had to normally affirm my stand. Then you published my interview in comparison with the verdict, which was made after I gave the interview. You sought to have readers think that I disagreed with the judges. Don't you see all the nine judges worked very hard and came under tremendous pressure? Who I am to step up more pressure on the judges? Their verdict is much more strong than the suit of the AEC in several parts. I must give my full respect to the judges with my heart.

We heard the AEC would appeal to the full Supreme Court bench to seize all Bt76 billion?

This is the most ridiculous question. Matichon was the first paper to ask this question and I've replied that the AEC has finished its task. Anyone who asks this question hasn't studied this issue well enough. The ruling of the Supreme Court is final and no one can appeal against it. The only thing that can be done is to request a new trial. The old verdict cannot be reviewed for any change. But there could be a new case, new trial and new ruling. A complaint would need to be filed with the court saying there was new evidence, which had just been found. And the new evidence would have to be significant, such that it could effect the case so the court would need to start a new trial. If no new evidence is found, a new lawsuit cannot be filed. But a [new] trial can only be requested by the defendants. The public prosecutors have no right to request a new trial, let alone the AEC, which is now defunct. These are the facts and I know that you know this well, so how can you asked this question?

Can legal channels be used to take further action?

Let's view this as a relay race. The AEC was the first runner and we passed on the baton to the public prosecutors. The public prosecutors then passed on the baton to the court and the judges later on found enough evidence and reasons to point out what is right. The judges eventually reached the finish line of the assets seizure case. I am happy enough that the judges did not let the baton slip out of their hands. The nine judges were really tough. The time spent on the run or how much of the assets were seized - Bt76 billion or Bt46 billion - depends on different viewpoints. But the decision of the court was final. So, there will be two more relay races - a criminal lawsuit and civil lawsuits.

Please brief us about the criminal cases.

The AEC and public prosecutors filed three criminal lawsuits against Thaksin. He was accused of violating Article 157 of the Criminal Code for granting a soft loan to Burma to buy goods from ShinSat. He was accused of violating the law for converting [telecom] excise taxes into concession fees. In the third case, he was accused of violating the National Anti-Corruption Commission Act for retaining shares in firms that have state concessions after he became the prime minister. (He faces two charges, each of which carries a three-year jail term). The Supreme Court's Criminal Division for Holders of Political Office suspended these cases because the defendant was not in the Kingdom. He will also face charges of filing false statements when declaring his finances. (He should face about 10 counts on this charge.) All of these cases are related to the assets seizure case. Whenever Thaksin returns to Thailand, these cases will descend on him. It will be much more difficult to seek amnesty because he will face many cases.

How about officials involved in amending contracts to benefit Shin Corp?

The AEC had no time to prosecute these officials. But the AEC interrogated them for the record. All investigative reports are now kept by the NACC and can be used to file charges against these officials in all the cases mentioned in the reports. In regard to civil lawsuits, these are the responsibility of state firms and the Communications Ministry [now the Information and Communications Technology Ministry] to file civil suits to revoke the contract amendments and demand that Shin Corp to repay its debts in full. The state firms and ministry must study the legal channels carefully. They should not rush to file the suits.

How could you forget about cases that have to be filed under the stock exchange laws?

Right! In the process of [seeking to] conceal share ownership by having relatives and children hold shares on their behalf, they [Thaksin and his wife] filed false statements to the Stock Exchange time and again. These offences carry both fines and jail terms. This is very serious and many persons will face charges. I really forgot about this.

Will Finance Minister Korn Chatikavanij be happy that the state receives a lot of [extra] revenue?

He must be more careful. He should not have given an interview [saying] the Finance Ministry has prepared to receive Shin Corp money into the national reserves. He appeared too eager. He must leave it to government agencies concerned to carry out their duty. It will be better for the minister to remain calm.

Apart from legal impacts, what will the political impact of the case be?

I think the court made a very good ruling with good details. The people who may like Thaksin but still have a conscience should change their stance after hearing the ruling. If the legal process is not abused to persecute more people carelessly and if everything is left to proceed at a firm and straightforward pace, Thaksin will be further isolated.

Gen Chavalit [Yongchai-yudh, chief adviser of Pheu Thai Party] announced he would lead attempts to bring democracy to the country and return justice to Thaksin in 30 days. Do you think he will be successful?

They [the reds or supporters of the former PM] are made up of many groups and their leader is overseas. They lack a clear-cut way to unite the groups and move them in the same direction. So, they won't have enough masses to mobilize unless they use more extreme measures to lead their supporters on. For example, on February 25, Thaksin should have appeared by himself at Sanam Luang to lead a demonstration and to challenge the court to hand down its ruling against him and challenge police to arrest him. He should have incited his supporters to stand by him while police went to arrest him. Had their leader come out to lead the masses by himself, that side would have achieved what it wanted.

So, do you believe the red-shirt movement has lost its strength?

Yes. From now on, the roads will be more peaceful. The fights will shift from the streets to the system much more. Nobody knows so far whether Chavalit will use forces outside the system or not. But he has a clear-cut plan to reach his goal in a month. You must ask him yourself whether he has an plan of operation, a budget, a tax plan, a management plan and a plan on human resources or not.

-- The Nation 2010-03-01

[newsfooter][/newsfooter]

Edited March 1, 2010 by webfact

[mccw]

So Thaksin could face 6 + years on other cases which will be brought against him once he returns. Looks like these cases can be brought against him wheather reds win the next election or not, unless they dismantle the entire judicary, which i dont think would be allowed to happen. Guessing the man on the run who ain't chicken wont be back anytime soon.

[shawndoc]

So Thaksin could face 6 + years on other cases which will be brought against him once he returns. Looks like these cases can be brought against him wheather reds win the next election or not, unless they dismantle the entire judicary, which i dont think would be allowed to happen. Guessing the man on the run who ain't chicken wont be back anytime soon.

Last time they were in power, they were trying to amend the constitution to make what Thaksin did legal retroactively. They failed, in part due to the PAD protests. If/when they get in power again, I assume they'll try to make simliar changes. Also the party in power can pressure prosecutors to drop charges.

Edited March 1, 2010 by shawndoc

[jayboy]

So Thaksin could face 6 + years on other cases which will be brought against him once he returns. Looks like these cases can be brought against him wheather reds win the next election or not, unless they dismantle the entire judicary, which i dont think would be allowed to happen. Guessing the man on the run who ain't chicken wont be back anytime soon.

Last time they were in power, they were trying to amend the constitution to make what Thaksin did legal retroactively. They failed, in part due to the PAD protests. If/when they get in power again, I assume they'll try to make simliar changes. Also the party in power can pressure prosecutors to drop charges.

You are quite right.Another example is the retroactive pardon the junta gave the criminals who launched the last military coup.In many countries they would have been shot or given long gaol terms.

[way2muchcoffee]

You are quite right.Another example is the retroactive pardon the junta gave the criminals who launched the last military coup.In many countries they would have been shot or given long gaol terms.

In many countries a Thaksin figure would be in jail. In many countries a Thaksin figure could never have been PM. In many other countries a Thaksin figure would be executed.

Edited March 1, 2010 by way2muchcoffee

[jayboy]

You are quite right.Another example is the retroactive pardon the junta gave the criminals who launched the last military coup.In many countries they would have been shot or given long gaol terms.

In many countries a Thaksin figure would be in jail. In many countries a Thaksin figure could never have been PM. In many other countries a Thaksin figure would be executed.

Agreed and Thailand is striving hard to achieve a jail term for him.Not sure about being shot however.Which countries do you have in mind, China perhaps - that dream of sea green incorruptibility? In most countries the leaders of the yellow mob that closed down the country through occupying the airport would also be in jail.And for those doubters who bleat about double standards I have it on very good authority that charges will be pressed very soon (chat naa torn bay bay) against these creeps.I'm tired of those cynics that complain about the yellow thug leadership being protected by elite interests.Does anyone really suppose the system operates double standards? I'm sure it doesn't and there's a multi million government financed publicity campaign to prove it.What is more I have discussed this matter with my friend General Suchinda at the Bangkok Club and he agree with me.

However for the treason committed by those involved in the coup there's no doubt at all (oh wait I forgot they pardoned themselves).

[shawndoc]

Also keep in mind, the yellow shirts shut down the airport while Thaksin's friends were in charge, and it looks like they dropped the ball.

[marshbags]

Thaksin got a second bite of the cherry when he managed to achieve the vote in his favour which was in in words" an Honest Mistake. "

He then went on to cheat, manipulate and plunder Thai in every conceivable way imaginable during his reign as CEO / Premier of Thailand.

His greed for money, lust for power and the ability to buy the approval of others, many with even less integrity than himself, arrogantly thought he could literally do anything he pleased, without fear of anyone or anything capable of stopping him.

His disrespect for human life and human rights, especially in the EJK,s and the Tai Bak atrocities that happened under his watch and his personal refusal to intervene when it was obvious human collateral was used to deadly effect on behalf of his self promoting agenda to enhance his international reputation as a great leader.

They did of course backfire on him and his reputation went downhill very quickly as a supposed world leader.

Retribution though only started after the infamous Temasek take over and his now confirmed sale of Shin Corp for 70 bil. baht or there abouts and the non payment of a satang in taxes.

It sent many in all walks of life ballistic and finally the realisation of how dishonest and unprincipled he was, was there for all to see in all it,s glorified self enrichment

( who wanted to that is ).

Now his arrogance has finally come back to destroy him completely IHHO and about time too.

There cannot be any way he will come back to fullfill his dream of taking back his premiership and in spite of the overwhelming and damning evidence to date, foolishly thinks he can still bargain for a full pardon on everything that has already been exposed, the 2 year jail term, plus the confiscation of the assets on Friday will eventually be returned and all accusations past and present, be null and void.

He should find himself a country willing to take him in, ( Cambodia maybe ) forget any self appointed delusions of grandeur and go while the going is good to do so.

If it is Cambodia, let us hope he strays in some way onto Thai territory and is brought before the highest courts of the land.

When the different institutions, including the mega telecomms section ect. ect. have finished picking through the paperwork / evidence against his plundering of there country assets to name but one area, he will be incarcerated for the rest of his life....if justice is served and seen to be so.

His illicit finances, should they become available / there where abouts exposed, especially within Thailand, will also be returned to the countries coffers. ect. ect.

This person is in self destruct mode, make no mistake and he will stop at nothing until he is destroyed, one way or another.

Let us hope it isn,t to costly for Thailand, peace is maintained and it,s citizens stay unharmed, before it fcomes to pass.

marshbags

Edited March 1, 2010 by marshbags

[CLOD]

Its allright in the thai military juntaship just saying that "the court has sat and thats it"

Just look at the origin of the said court, political or what .

What else can you say when the guns are pointing your way.

Fortunately, that is not the case in proper democracies, where courts have democratic basis.

In a proper democracy , military perpitrators of such treasonable acts are dealt with by the democratically established courts, and the democratically established rule of law.

[Artisi]

Thaksin got a second bite of the cherry when he managed to achieve the vote in his favour which was in in words" an Honest Mistake. "

He then went on to cheat, manipulate and plunder Thai in every conceivable way imaginable during his reign as CEO / Premier of Thailand.

His greed for money, lust for power and the ability to buy the approval of others, many with even less integrity than himself, arrogantly thought he could literally do anything he pleased, without fear of anyone or anything capable of stopping him.

His disrespect for human life and human rights, especially in the EJK,s and the Tai Bak atrocities that happened under his watch and his personal refusal to intervene when it was obvious human collateral was used to deadly effect on behalf of his self promoting agenda to enhance his international reputation as a great leader.

They did of course backfire on him and his reputation went downhill very quickly as a supposed world leader.

Retribution though only started after the infamous Temasek take over and his now confirmed sale of Shin Corp for 70 bil. baht or there abouts and the non payment of a satang in taxes.

It sent many in all walks of life ballistic and finally the realisation of how dishonest and unprincipled he was, was there for all to see in all it,s glorified self enrichment

( who wanted to that is ).

Now his arrogance has finally come back to destroy him completely IHHO and about time too.

There cannot be any way he will come back to fullfill his dream of taking back his premiership and in spite of the overwhelming and damning evidence to date, foolishly thinks he can still bargain for a full pardon on everything that has already been exposed, the 2 year jail term, plus the confiscation of the assets on Friday will eventually be returned and all accusations past and present, be null and void.

He should find himself a country willing to take him in, ( Cambodia maybe ) forget any self appointed delusions of grandeur and go while the going is good to do so.

If it is Cambodia, let us hope he strays in some way onto Thai territory and is brought before the highest courts of the land.

When the different institutions, including the mega telecomms section ect. ect. have finished picking through the paperwork / evidence against his plundering of there country assets to name but one area, he will be incarcerated for the rest of his life....if justice is served and seen to be so.

His illicit finances, should they become available / there where abouts exposed, especially within Thailand, will also be returned to the countries coffers. ect. ect.

This person is in self destruct mode, make no mistake and he will stop at nothing until he is destroyed, one way or another.

Let us hope it isn,t to costly for Thailand, peace is maintained and it,s citizens stay unharmed, before it fcomes to pass.

marshbags

Sums it up pretty well and the sooner he completely self-destructs the better off Thailand will be.

[marshbags]

Its allright in the thai military juntaship just saying that "the court has sat and thats it"

Just look at the origin of the said court, political or what .

What else can you say when the guns are pointing your way.

Fortunately, that is not the case in proper democracies, where courts have democratic basis.

In a proper democracy , military perpitrators of such treasonable acts are dealt with by the democratically established courts, and the democratically established rule of law.

Take a long hard look at how Thaksin came to be PM and how he cheated and lied to conceal his / their wealth.

If you want to start using the courts of the land then let us put first things first.

Had he been a poor man, owner of such an insignificant amount of assets he / she stated, no way would they have allowed him his ironical plea,

( isn,t it marvelous to have comparisons don,t you think )

It was an Honest mistake and he was allowed to continue his dishonest self serving intentions, right up until the Temasak / Shin deal.

Do Thaksin supporters really care about democracy and all that it encompasses.

Or the majority of peace loving Thai who want to build a future they can be proud of and their children can be assured of security and freedom, free of these old dinosaurs that seemingly lead the reds and the P.Thai ( one of the same by the way ) ect. ect.

He let you lot down, his colleagues who became TRT members and government officials and truly wanted to make Thailand great for all, and respected, for democracy and fair honest governance.....and the most important of all every single person that believed in his Thai love Thai

statements and voted for him and his party, along with all other citizens of this country he is now intent on destroying.

That,s a fact and one you will have to eventually face up to IMHO as always.

marshbags

Edited March 2, 2010 by marshbags

[animatic]

Also keep in mind, the yellow shirts shut down the airport while Thaksin's friends were in charge, and it looks like they dropped the ball.

Yes certainly PPP2, AKA Somchai cabinet, proven no more competent than Samaks....

several nullls and a zed on top.

Also bear in mind that Thaksin was convicted for Rachadapisek while his PPP was the government.

They couldn't stop it and couldn't re-write the constitution because of PAD protests,

so they had to somehow get rid of PAD from the field.

Between Oct 7th, and all their vicious and inept attempts at removing PAD as a block on their plans,

clearly went madly and wildly wrong and culminated in the airport takeover.

And then the slight acceleration of the expected PPP disbanding by courts.

PPP was on the way out, but in classic Thai fashion they speed up the reading a week or so,

to make a birthday a better experience for some one special.

The air of desperation then was in the air like cordite after an explosion.

So that we have another Thaksin loss in order of appearances in court is no surprise,

he has plenty of money and lawyers, but not enough to beat the charges he KNOWS have basis,

and thus he doesn't dare risk being in jail for 2 years, and then get stung with 5-10 more meaning a life sentence.

Edited March 2, 2010 by animatic

[Ricardo]

Its allright in the thai military juntaship just saying that "the court has sat and thats it"

Just look at the origin of the said court, political or what .

What else can you say when the guns are pointing your way.

You seem to claim that the military had guns pointing at the court ?

[animatic]

Its allright in the thai military juntaship just saying that "the court has sat and thats it"

Just look at the origin of the said court, political or what .

What else can you say when the guns are pointing your way.

You seem to claim that the military had guns pointing at the court ?

He claims a lot.

In short declarative sentences hoping some will believe them as fact.

More boiler plate for the cause, nothing more.

IN the red view point anyone with enough education to become a senior judge is "Elite"

so they must be biased anti-Thaksin, as opposed to a view that the Thakain DID

a lot of bad things that are slowly catching up to him.

A more balanced 'colorless' reading of the majority of facts presented over time.

Edited March 2, 2010 by animatic