Pojaman's Appeal Relies On Attorney-General's Decision: Tax Evasion

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Pojaman's appeal relies on attorney-general's decision

By The Nation

Attorney-General Julasing Wasantasing will have the final say on whether to seek a cancellation of the appellate verdict on the tax-evasion case involving Pojaman na Pombejra, ex-wife of former prime minister Thaksin Shinawatra.

"Public prosecutors have completed their review of the appellate verdict and are waiting for Julasing to finalise his decision," prosecution spokesman Thanapit Mulpruek said yesterday. He explained that Julasing had the mandate to either drop the case or take it to the Supreme Court, but did not say whether the prosecutors were for or against further litigation.

On August 24, the Appeals Court overturned the lower court's ruling involving three defendants in the case. The lower court had found all three defendants guilty, ruling that they were involved in a conspiracy to evade Bt500 million in tax liabilities related to a share transaction in 2000. The defendants - Pojaman, her brother Bannapot Damapong and her secretary Kanachanapa Honghern - were sentenced to three years in jail each, but granted bail pending review by the high court.

In the appellate decision, Pojaman and Kanchanapa were acquitted of all charges. Bannapot was convicted for tax offences before the high court cited his good standing in society as grounds for leniency to suspend his term. He still had to pay Bt100,000 in fines.

The defence sought and received bail for Bannapot pending final review by the Supreme Court.

Although the appellate decision was in favour of the defence, the chief justice of the Appeals Court publicly voiced his opposition, arguing that Bannapot's imprisonment should not have been suspended.

Under the judicial procedure, the defence and the prosecution would have to appeal to the Supreme Court within 30 days. However, the defence sought and received permission to extend the deadline to October 25. Defence lawyer Metha Thammawihan said he would argue for Bannapot's acquittal.

-- The Nation 2011-09-24

[Deez]

" Bannapot was convicted for tax offences before the high court cited his good standing in society as grounds for leniency to suspend his term."

Something wrong with this statement.

[Buchholz]

Why would the Attorney-General appeal the decision?

Don't all sisters give their wedding gift to their brothers two years after the wedding?

Don't all maids have a Billion Baht with which to buy stock?

Don't all secretaries have a Billion Baht worth of stock to sell?

Doesn't everyone get all their money back after a purchase?

The prosecution claimed that Pojaman staged a bogus transaction in the stock market. She instructed Kanchanapha to execute the sale of 723 Million Baht 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.

[ralphlsasser]

" Bannapot was convicted for tax offences before the high court cited his good standing in society as grounds for leniency to suspend his term."

Something wrong with this statement.

Can we say, Corruption?

[OzMick]

" Bannapot was convicted for tax offences before the high court cited his good standing in society as grounds for leniency to suspend his term."

Something wrong with this statement.

You have to understand the code:

"good standing" means related to someone important

"in society" means Ho-So, as such exempt from the usual predations of the law.

As such, he is allowed to make a B499,900,000 profit from his illegal dealings, and no restrictions on his movements - he could even nip across to Cambodia with the other bail-boys to watch the soccer match.

[ratcatcher]

I never considered Pojamon appealing in the first place, however, perhaps she and her brother Bannapot, along with assorted maids, cooks,chauffeurs and gardeners, will be leading the Anti-Corruption Parade in Lumpini on Sunday 25th.

That would certainly have a lot of appeal for some people.

[AleG]

" Bannapot was convicted for tax offences before the high court cited his good standing in society as grounds for leniency to suspend his term."

Something wrong with this statement.

You have to understand the code:

"good standing" means related to someone important

"in society" means Ho-So, as such exempt from the usual predations of the law.

As such, he is allowed to make a B499,900,000 profit from his illegal dealings, and no restrictions on his movements - he could even nip across to Cambodia with the other bail-boys to watch the soccer match.

Indeed, it's a prime example of the double standards that benefit the elite in Thailand, that's why a clique of Red Shirts, including UDD leader Thida "I-Don't-Like-Thaksin" Thavornseth, went to protest at the court when the defendants were acquitted...

Oh, hold on, let me check reality again...

Ah, they went there to cheer them up and offer support.

Funny that, no?

[hammered]

Prosecutors have announced no appeal.