Former Thai Minister Snoh Saved By Legal Technicality : Alpine Scandal

[webfact]

ALPINE SCANDAL

Snoh saved by legal technicality

By The Nation

The Supreme Court on Friday cited statutory limitations to dismiss a case arising from the so-called “Alpine Scandal” against a former interior minister on charges of allegedly abusing his authority to purchase two plots of land.

A nine-member committee of the National Anti-Corruption Commission made a unanimous decision to try Snoh Thienthong, also Pracharaj Party leader, in February.

The commission sued Snoh for alleged corruption related to the Alpine land scam when he was the interior minister in 1990.

The NACC report was forwarded to the Office of the Attorney-general for trial preparation.

The high court ruled that the case was actually lodged after the expiry of the August 21 deadline.

The NACC alleged that Snoh abused his authority and ordered the Pathum Thani land office not to let the Thammikaram Temple accept two plots of land that were donated by Nuam Chamnarnsakda. Snoh later bought the land and turned it into the Alpine Golf Course.

Nuam stated in her will, dated November 20, 1969, that she wanted to donate 927 rai of her land in Pathum Thani’s Klong Luang district to the temple.

The case was put in the hands of Thanit Kesawapithak, who oversees consumer-related cases in court, and eight other Supreme Court judges. Snoh’s lawyers initially argued that the statute of limitations had expired and it was too late for the NACC to sue Snoh.

However, the judges ignored this issue and accepted the lawsuit because it had been submitted in line with the procedural code for trying criminal cases against political office holders.

NACC lawyer Polrat Chanthep said the controversy over the statute of limitations could hold the case back. Besides, opinion remained divided between those who stuck to the Council of State and land laws.

“This case happened a long time ago. Some of the witnesses have already died. However, the legal team will meet to discuss the testimony. Even if Snoh turns to the Office of the Attorney-general to block the case over the statute of limitations, the legal team does not feel pressured. Everyone is doing their duty,” Polrat said.

Deputy Attorney-general Waiyawut Lortrakul said the attorneys could not be witnesses and should base the defence on “what really happened”.

-- The Nation 2010-11-20

[facebook]

Bit of good luck , eh?

[Thailand]

Bit of good luck , eh?

What's the betting that if his name was Thaksin then a different result would have been forthcoming. TIT

[Valentine]

"The charge was based on Section 148 of the Criminal Procedure Code, not the law governing criminal procedures against political office holders, which has no statutory limitation." Luck had nothing to do with it. Incompetence on the part of the prosecuting team had everything to do with it unless it was all done for show. Remember SC Asset Co. owned by a well known ex premier. They bought the land from Mr Snoh's company for 500 million.

"The Land Department was then urged to revoke ownership title deeds issued to the golf course owners and home-buyers, but the latter refused to give in.

The department's order for revocation was suspended by Yongyuth Vichaidit, then acting interior permanent secretary and now leader of the opposition Puea Thai Party."

This issue surfaced quite a while ago yet even the current government did not see fit to act on it in the proper manner or time frame although it was a prefect opportunity to go after some of the dreaded opposition. Perhaps some in their coalition purchased properties there when it was developed.

[Buchholz]

^^@ Thailand

Thaksin was deeply involved in the Alpine Scandal up to his teeth.

If Snoh had been prosecuted, Thaksin would have had to be as well.

Edited November 20, 2010 by Buchholz

[Siam Simon]

^^@ Thailand

Thaksin was deeply involved in the Alpine Scandal up to his teeth.

If Snoh had been prosecuted, Thaksin would have had to be as well.

But isn't that the way of ALL the issues at the head of Thai politics SJ? They all snort in the same trough. Nobody (even Thaksin) can be accused of any of the really serious sh1t because all snouts lead to the same trough. Keep Thaksin's crimes minimal because his fellow uglies from every part of the political divide need to be protected.

[ChiangMaiFun]

and so there goes another 'Buddhist' eh?

[SomTumTiger]

Snoh will now go on a new campaign to have people name him PM - crazy buzzard

[slapout]

Bit of good luck , eh?

What's the betting that if his name was Thaksin then a different result would have been forthcoming. TIT

If memory serves me correctly Thaksin was found to have committed perjury, but the statue of limitations had run out on that slip of the mouth while under oath. The acquisition of the property is still suspect under the rule of law, so slap the hands of the principals by repossessing the property with improvement. This will be another reminder to Snoh as well as the family of the former PM that their days of circumventing of the system are over.

[Thailand]

This will be another reminder to Snoh as well as the family of the former PM that their days of circumventing of the system are over.

Yes, the circumventing of the system is now only available to those currently in the know and their friends, families,colleagues etc.

TIT

[nikster]

Snoh will now go on a new campaign to have people name him PM - crazy buzzard

Makes sense though - if people try to prosecute you, become PM! Then you can get back at them. Just look at what Thaksin got away with. Abhisit is I guess not corrupt, must be a first in Thai politics. Ironically though, corruption has gotten worse under his government than it's ever been.

[jayjay0]

Bit of good luck , eh?

What's the betting that if his name was Thaksin then a different result would have been forthcoming. TIT

Of course it would be the statue of limitations would not have run out on him.

[dominique355]

This is an absolute scandal. And just when the government trumpeted out loud that they are fiercely determined to fight corruption, they are not even able to file a case on time, that's 20 years after it happened! 20 years! Incompetence or worse?

The temple wanted the ownership of the land to be transferred, but Sanoh, then overseeing the Land Department refused the transfer and instead grabbed it for himself by first ordering a transfer to a foundation, which sold it to Alpine Real Estate and Alpine Golf.

He, his wife and his brother then bought 450,000 shares worth 45 million THB of these two Alpine companies and sold it to SC Asset Co. for 500 million, a company which belongs to ... you guessed it, Thaksin. Net profit for Sanoh: 455 million THB

What amazes me most is the total lack of shame these people display.

[Valentine]

This is an absolute scandal. And just when the government trumpeted out loud that they are fiercely determined to fight corruption, they are not even able to file a case on time, that's 20 years after it happened! 20 years! Incompetence or worse?

The temple wanted the ownership of the land to be transferred, but Sanoh, then overseeing the Land Department refused the transfer and instead grabbed it for himself by first ordering a transfer to a foundation, which sold it to Alpine Real Estate and Alpine Golf.

He, his wife and his brother then bought 450,000 shares worth 45 million THB of these two Alpine companies and sold it to SC Asset Co. for 500 million, a company which belongs to ... you guessed it, Thaksin. Net profit for Sanoh: 455 million THB

What amazes me most is the total lack of shame these people display.

Not only that, they could have filed under a different law which has no statute of limitations. Much more than meets the eye in this case. Politicians change their colours & allegiances so much there are no doubt some in the current government who benefited.

[TAWP]

One Golden Bullet and a bit of will could take care of a lot of these politicians.

[rixalex]

Bit of good luck , eh?

What's the betting that if his name was Thaksin then a different result would have been forthcoming. TIT

Yes because of course Thaksin has never been known to escape justice.

[animatic]

Well this is one part prosecutorial incompetence and/or interference from above for years, and on part rule of law, because technically they didn't get it done in time to file charges. Thaksin's sticky digits seem to run through this strongly, and it would seem much of the delays were generated during his time in power. But not all of them, and that's where incompetence is coming into play.

Edited November 20, 2010 by animatic

[Siam Simon]

Well this is one part prosecutorial incompetence and/or interference from above for years, and on part rule of law, because technically they didn't get it done in time to file charges. Thaksin's sticky digits seem to run through this strongly, and it would seem much of the delays were generated during his time in power. But not all of them, and that's where incompetence is coming into play.

Super piece of interpretation. The final delays just had to be incompetence. Can't be having any seeming sticky digits among the current mix-and-match, can we?

[asiawatcher]

Statute of limitations should not be applicable in criminal matters. That is standard in many countries which is why a thief can be nailed or a murderer 20 + years after the event. Whatever. Another one for Thaksin and his criminal co-conspirators.