Court President Objects To Verdict On Bannapot Damapong Tax-Evasion Case

[webfact]

Court president objects to verdict on tax-evasion case

By The Nation

The president of the Appeals Court has objected to an appellate suspension of a two-year jail term on Bannapot Damapong for tax evasion, saying the Bt273 million he tried to hide was large and a one-year suspension of his term was not justified.

Chaiyasit Trachootham made the objection in a statement dated June 3, but made no argument over the sentences of the other two appellants - the former wife of ex-PM Thaksin Shinawatra, Khunying Pojaman na Pombejra, and her aide Kanchanapha Honghern. The arguments did not weigh on the Appeals Court verdict on Wednesday, but they could be used in further legal processes.

The prosecutors have 30 days to decide whether to seek a Supreme Court review of the case.

"Prosecutors will have to study details of the appellate verdict before forming a decision to take the case for final review by the higher court," prosecution spokesman Thanapit Mulpruek said yesterday.

The National Anti-Corruption Commission is expected to work closely with public prosecutors in drafting a final appeal in the case, NACC member Klanarong Chantik said.

On Wednesday, the Appeals Court overturned the lower court's 2008 decision sentencing Pojaman and her brother Bannapot Damapong to three years in jail and private secretary Kanchanapha Honghern to two years' imprisonment following their conviction on tax-evasion charges and giving false testimonies.

Although the appellate decision concurred with the lower court, that tax evasion had occurred, the sentences were overturned.

Bannapot was found guilty of evading taxes amounting to Bt545 million. The lower court penalised him with a two-year jail term for the offence and an additional year for giving false statements.

The appellate decision overturned his conviction for perjury on grounds of insufficient evidence. It cited the fact that it was his first offence and noted his good standing in the community as grounds for leniency in suspending his jail term for one year. He was also fined Bt100,000.

The lower court had found Pojaman and Kanchanapha guilty of conspiring to help Bannapot evade tax. The appellate decision acquitted them both on grounds of insufficient evidence.

The case came to light in 2001, in connection with an examination of assets declared by Thaksin and Pojaman. Unvestigation resumed in 2006, leading to court proceedings the following year.

The prosecution claimed that Pojaman staged a bogus transaction in the stock market. She instructed Kanchanapha to execute the sale of Bt723 million worth of shares between a nominee, Duangta Wongpakdee, and Bannapot. The bogus deal validated the movement of shares from Duangta to Bannapot.

The prosecution uncovered bank records showing Pojaman paid for the shares and for broker's fees and value-added tax. Pojaman's funds were paid to Duangta, who in turn deposited the money back into Pojaman's bank account.

Upon the discovery of the bogus transaction, Pojaman and Bannapot claimed the shares were a gift given out of familial duty, and were therefore exempt from tax.

Two judicial reviews said Bannapot had income tax liabilities incurred by the shares he received from Pojaman, but the Revenue Department botched the tax collection because it let a five-year deadline pass without auditing Bannapot's tax return. So the court battle involved punishment for evading taxes that the state was no longer able to collect.

-- The Nation 2011-08-26

[terryp]

The law in Thailand is there for 2 reasons

1) to protect the rich and connected

2) to destroy and keep the lower classes down

This tax charade and the latest Police Casino are just 2 examples this week!!!!!!, now lets see some poor beggar get 10 years in prison for selling some second hand pirate CD's he found in the garbage

Thailand is a f up

[whybother]

Two judicial reviews said Bannapot had income tax liabilities incurred by the shares he received from Pojaman, but the Revenue Department botched the tax collection because it let a five-year deadline pass without auditing Bannapot's tax return. So the court battle involved punishment for evading taxes that the state was no longer able to collect.

So why not fine him 545 million baht?

Another case of the Shinawatra family avoiding tax! So much for helping the people of Thailand.

[virtualtraveller]

Excellent news! Barely two weeks into a change of govt and we're already seeing suspect verdicts. Coincidence, funny timing, who knows. No wonder no one respects the law in this country.

The gist of this case was that a) the tax office 'botched' the collection of the tax and by the time there was a change at the top and something proper could be done, the statute of limitation had expired...stop me if you've heard this story before...

The judges, probably wanting to appease the new govt, decided to water down the punishment because he was a 'first time offender', so he gets off with a 100,000 baht fine.

Two prime examples of how the rich and mighty of the country evade punishment or responsibility. And the poor voted for this status quo to continue....

[MILT]

No surprises here. Can't wait to hear when Thaskin arrives back to his airport and his Kingdom.

[hanuman2543]

If you are rich and powerful you get away with everything. It is a joke that is not even possible to collect the tax he owed. Thailand the hub of fair and equal justice.

Edited August 26, 2011 by hanuman2543

[Buchholz]

The prosecution claimed that Pojaman staged a bogus transaction in the stock market. She instructed Kanchanapha to execute the sale of Bt723 million worth of shares between a nominee, Duangta Wongpakdee, and Bannapot. The bogus deal validated the movement of shares from Duangta to Bannapot.

The prosecution uncovered bank records showing Pojaman paid for the shares and for broker's fees and value-added tax. Pojaman's funds were paid to Duangta, who in turn deposited the money back into Pojaman's bank account.

The ever-present dodgy stock transactions of the clan.

Kanchanapha was Potjaman's secretary.

Duangta was Potjaman's maid.

We have a secretary selling a maid nearly a Billion Baht worth of stock.

Dodgy from the git go with the funds for the transaction ending up back in Potjaman's bank account, just to top off the incredulity of the matriarch's actions.

.

[sungod]

Am I missing some thing here? Serious question ok, he is guilty of not paying 545 million in tax, so has he paid it yet? Does he not have to pay?

[whybother]

Am I missing some thing here? Serious question ok, he is guilty of not paying 545 million in tax, so has he paid it yet? Does he not have to pay?

Doesn't have to pay.

the Revenue Department botched the tax collection because it let a five-year deadline pass

[Thai at Heart]

Am I missing some thing here? Serious question ok, he is guilty of not paying 545 million in tax, so has he paid it yet? Does he not have to pay?

Doesn't have to pay.

the Revenue Department botched the tax collection because it let a five-year deadline pass

And once again, the system fall flat on its face

[scotbeve]

Two judicial reviews said Bannapot had income tax liabilities incurred by the shares he received from Pojaman, but the Revenue Department botched the tax collection because it let a five-year deadline pass without auditing Bannapot's tax return. So the court battle involved punishment for evading taxes that the state was no longer able to collect.

So why not fine him 545 million baht?

Another case of the Shinawatra family avoiding tax! So much for helping the people of Thailand.

A simple question: If the dems were so hell-bent in getting back at Thaksin, why couldn't they (the dems) do this during their "term" in office?????

[whybother]

A simple question: If the dems were so hell-bent in getting back at Thaksin, why couldn't they (the dems) do this during their "term" in office?????

The case came to light in 2001, in connection with an examination of assets declared by Thaksin and Pojaman. Unvestigation resumed in 2006, leading to court proceedings the following year.

the Revenue Department botched the tax collection because it let a five-year deadline pass

It seems that by the time the Democrat government came to power, it was already too late.

[TAWP]

A simple question: If the dems were so hell-bent in getting back at Thaksin, why couldn't they (the dems) do this during their "term" in office?????

The case came to light in 2001, in connection with an examination of assets declared by Thaksin and Pojaman. Unvestigation resumed in 2006, leading to court proceedings the following year.

the Revenue Department botched the tax collection because it let a five-year deadline pass

It seems that by the time the Democrat government came to power, it was already too late.

To add to that, the separation of power tells us that a minister cannot intervene/push in a trial, it is handed by the legal system.

The tax-collection however was from the time of Thaksin's rule...and was botched by people that the politicians of the time had more...control over.

[patjem]

Two judicial reviews said Bannapot had income tax liabilities incurred by the shares he received from Pojaman, but the Revenue Department botched the tax collection because it let a five-year deadline pass without auditing Bannapot's tax return. So the court battle involved punishment for evading taxes that the state was no longer able to collect.

So why not fine him 545 million baht?

Another case of the Shinawatra family avoiding tax! So much for helping the people of Thailand.

A simple question: If the dems were so hell-bent in getting back at Thaksin, why couldn't they (the dems) do this during their "term" in office?????

cos it's a duty of the courts, who administer the law, not whatever government that's in power, who would have the leading influence as to what the law is.