Attorney-general decides not to appeal Pojaman's acquittal ruling

[Lite Beer]

Attorney-general decides not to appeal Pojaman's acquittal ruling

Bt The Nation

Attorney-General Julasing Wasantasing Monday decided not 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.

Julasing's decision was announced by Thanapit Moolapruek, director of the Special Cases Department and spokesman of the Attorney-General Office, at 11am at the office.

The spokesman said the attorney-general also decided not to appeal against the Appeals Court's decision to suspend a jail term for Bannapot Damapong, Pojaman's brother.

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 spokesman said public prosecutors do not have to appeal against all cases. He said if public prosecutors agree with court's rulings, which sound reasonable, they can decide not to appeal against the rulings.

The spokesman said no one had lobbied the attorney-general not to seek the cancellation of the ruling of the Appeals Court. He said the attorney-general based his decision on facts in the court's document

-- The Nation 2011-09-26

[blackout]

yeah, sure "The spokesman said no one had lobbied the attorney-general not to seek the cancellation of the ruling of the Appeals Court."

just see who is the PM now. if the Attorney-General still want to keep his title as "Attorney-General" he better shut up. come on this is thialand. nothing new here.

see what the PM's brother used to do, Attorney-General sure will knows what to do next.

Edited September 26, 2011 by blackout

[Thai at Heart]

So now, someone please explain, does anyone have to pay ANY tax on this deal whatsoever?

[Nisa]

So, if you are a "good' citizen then you can skip out on paying 500 Million in taxes by paying a 100,000 baht fine?

Please tell me these folks at least had to pay the taxes they owed but I am guessing that it is not 500 Mil. in taxes but rather taxes on 500 Million.

[Thai at Heart]

So, if you are a "good' citizen then you can skip out on paying 500 Million in taxes by paying a 100,000 baht fine?

Please tell me these folks at least had to pay the taxes they owed but I am guessing that it is not 500 Mil. in taxes but rather taxes on 500 Million.

It really is taking the p**s that these articles never actually point out who is anyone pays any tax at all.

As I understand, the kids don't pay, because the judge said they weren't the owners, but Thaksin has always claimed he wasn't the owner because that would have contravened the parliamentary law. His wife did own, but not she doesn't have to pay. The brother in law pays 100k instead of his tax.

So as I asked, is ANYONE going to pay ANYTHING akin to tax on this deal at all and have we even actually worked out who did and didn't actually own the shares, coz if they aren't sure, I will gladly take possession of them.

[InterestedObserver]

So, if you are a "good' citizen then you can skip out on paying 500 Million in taxes by paying a 100,000 baht fine?

Please tell me these folks at least had to pay the taxes they owed but I am guessing that it is not 500 Mil. in taxes but rather taxes on 500 Million.

Nope, if I remember correctly all the share transactions were declared either legitimate stock market trades or a gift under Thai law. The land grab is the only thing declared illegal.

[DP25]

So now, someone please explain, does anyone have to pay ANY tax on this deal whatsoever?

Rich and powerful don't need to pay taxes in Thailand. The rural poor in Isaan are great believers in trickle down economics and the PTP government is dedicated to this principle

Edited September 26, 2011 by DP25

[Nisa]

So, if you are a "good' citizen then you can skip out on paying 500 Million in taxes by paying a 100,000 baht fine?

Please tell me these folks at least had to pay the taxes they owed but I am guessing that it is not 500 Mil. in taxes but rather taxes on 500 Million.

Nope, if I remember correctly all the share transactions were declared either legitimate stock market trades or a gift under Thai law. The land grab is the only thing declared illegal.

Legal or not .. taxes need to be paid and it seems highly unlikely any of these transactions could have been legit if there isn't even clarity on who actually profited and should pay the taxes.

[webfact]

Attorney-General won’t appeal Thaksin's ex-sponse tax evasion case

BANGKOK, Sept 26 – The spokesperson for Thailand’s Attorney-General’s Office (OAG) on Monday denied reports that the agency has been lobbied to not carry an appeal to the Supreme Court against the Appeals Court ruling in the tax evasion case involving the former wife of ousted prime minister Thaksin Shinawatra.

Defending the decision to drop the case, Thanapit Moolapruek said the OAG decision was worked out in a transparent manner and they resolved not to appeal the case after thorough studying the Appeals Court ruling and concluded that it was factual and appropriate.

The Appeals Court overturned the Criminal Court's 2008 verdict against Pojaman na Pombejra, former wife of fugitive ousted premier Thaksin Shinawatra, on Aug 24, acquitting her and dismissing the Criminal Court's 3-year prison sentence in regard to her tax evasion case

According to the Criminal Court's verdict on July 31, 2008, Ms Pojaman was found guilty of evading tax payments of Bt546 million for the transfer of 4.5 million shares of Shinawatra Computer and Communications worth Bt738 million. She was sentenced to three years imprisonment.

Also found guilty were her stepbrother Bhanapot Damapong, recipient of the shares, and her personal secretary Kanjanapa Honghern.

Mr Bannapot was sentenced to a three year jail while Ms Kanjanapa received a two year jail sentence.

They were found guilty of the charges relating to a conspiracy to evade taxes and for giving falsified statements to the authorities.

The Appeals Court gave Ms Pojaman and Ms Kanjanapa the benefit of the doubt, acquitted them of tax invasion charges.

Meanwhile, the court said Mr Bannapot is still guilty of tax evasion and sentenced him two-year jail term and ordered him to pay a fine of Bt100,000. However, the court commuted his three year jail term to a one year suspended jail term as Mr Bannapot had made contributions to the public. (MCOT online news)

-- TNA 2011-09-26

[webfact]

Prosecutors Not to Appeal Tax Case against Thaksin's Ex-wife

The Attorney General's Office has decided not to appeal the Appeals Court's ruling to dismiss the tax evasion charge against the ex-wife of ousted premier Thaksin Shinawatra.

Attorney General's Office spokesman Thanawit Mulpruek stated his agency agreed with the reason given by the Appeals Court to drop the tax evasion charge against Khunying Pojaman Na Pompejara, the divorced wife of ousted premier Thaksin Shinawatra, and her personal secretary Kanjanapa Honghern.

Also charged in the same case is Pojaman's adopted brother Bannapoj Damapong, who has been handed down a suspended jail sentence of two years by the Appeals Court.

The court reasoned that share transfers through proxies are a normal occurrence while the perjury charge against the three carried no weight as the evidence presented by the prosecutors is not strong enough.

Thanawit stated the court's verdict against Bannapoj stemmed from his violation of a section of the Revenue Code which is not aimed to seek a jail term for the violator but to ensure the efficiency of tax collection.

State attorneys accused the three of skirting 546 million baht in tax from their sale of Shinawatra Computer and Communication Company's 4.5 million shares worth a combined 738 million baht.

-- Tan Network 2011-09-26

[Nisa]

Was the money seized from Thaksin partly used to settle the tax bills on these matters?

[scorecard]

yeah, sure "The spokesman said no one had lobbied the attorney-general not to seek the cancellation of the ruling of the Appeals Court."

just see who is the PM now. if the Attorney-General still want to keep his title as "Attorney-General" he better shut up. come on this is thialand. nothing new here.

see what the PM's brother used to do, Attorney-General sure will knows what to do next.

".....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."

What good standing?

Just shows again, very clearly, rules for the well connected, and different rules for the surfs.

[OzMick]

So, if you are a "good' citizen then you can skip out on paying 500 Million in taxes by paying a 100,000 baht fine?

Please tell me these folks at least had to pay the taxes they owed but I am guessing that it is not 500 Mil. in taxes but rather taxes on 500 Million.

As I recall, it was a billion baht deal, via the maid and secretary, with B500 million in tax, not payable because they missed the statute of limitations.

[Thai at Heart]

So now, someone please explain, does anyone have to pay ANY tax on this deal whatsoever?

Rich and powerful don't need to pay taxes in Thailand. The rural poor in Isaan are great believers in trickle down economics and the PTP government is dedicated to this principle

This doesn't answer my question, because somewhere along the line, there is tax to pay on something somewhere.

On your second point, now I know why it is called trickle down economics instead of torrential downpour down, coz it isn't limited to Thailand that the rich don't pay tax.

However, I have read these cases over and over again, and still I cannot see where there is NOTHING to pay by anyone. It is like it was a business that was apparently owned, but not owned by anyone and people patently gained as if by magic by selling something they didn't own.

Of course, we won't wonder why the Dems didn't seek to close this rather gaping loop hole in the law, because they are all at it, with largely the same share structures, which leads one to only conclude that Thailand is the best place in the world to do business if you have a good lawyer.

[OzMick]

And you wonder why they have coups in Thailand!

[whybother]

This doesn't answer my question, because somewhere along the line, there is tax to pay on something somewhere.

...

I remember reading on a thread a few weeks ago that the brother was the one that should have paid the tax, but the statute of limitations had passed. (or is that "statue of limitations"? )

[TAWP]

So now, someone please explain, does anyone have to pay ANY tax on this deal whatsoever?

No, since the claim has 'expired' on time.

I never knew that was the simple way around it here. That and having a relative in a high position so I don't land in jail first, that is...

[TAWP]

State attorneys accused the three of skirting 546 million baht in tax /../

How many schools would that pay for? How much health care for the poor?

[jaapfries]

yeah, sure "The spokesman said no one had lobbied the attorney-general not to seek the cancellation of the ruling of the Appeals Court."

just see who is the PM now. if the Attorney-General still want to keep his title as "Attorney-General" he better shut up. come on this is thialand. nothing new here.

see what the PM's brother used to do, Attorney-General sure will knows what to do next.

".....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."

What good standing?

Just shows again, very clearly, rules for the well connected, and different rules for the surfs.

The phrase "Travesty-Of-Justice" jumps to mind, doesn't it ? ? ?

[hammered]

Intra-elite deals to not play with each others money anymore while they carve out their new settlement in the political-military arena or play for time until they can have coup fun. Sarayud having to have his holiday home bulldozed after a few exposes was probably enough to convince some that playing hardball with the Thaksin party on money especially now while in power could oh so easily lead top some horribly embarrassing counter move against an uber corruptico on their side.

Mmm and musnt forget that last time they tried to get all heavy on Thaksin and his money they almost came close to revolution day. A lot easier to just leave taking each others money out of it. Oh and leaving family alone too.

Oh and of course when it actually comes to shove they need someone pretty doshed up who the red shirts may listen to, as they arent going to listen to Abhisit or any of the establishment boys and that oddly enough doesnt leave too many people outside the Shin clan.