Thai 'Yellow Shirt' Founder Sondhi Limthongkul Jailed For 20 Years

[TongueThaied]

Good riddance! Maybe he'll jump bail and go live with Thaksin.

[webfact]

Sondhi gets 85 years over business fraud

The Nation

BANGKOK: -- The Criminal Court yesterday sentenced yellow-shirt leader Sondhi Limthongkul to 85 years in jail after finding him guilty on 15 counts of business fraud from 1996 to 1998.

Sondhi has applied for Bt10-million bail pending an appellate review.

The case was based on fraudulent transactions conducted between listed companies Manager Media Group and M Group in order to secure six loans worth Bt1 billion from Krung Thai Bank.

The prosecution charged Sondhi and three defendants of conspiring to doctor the minutes of Manager Media's board meetings and giving Sondhi the authority to act as a loan guarantor for M Group.

Sondhi had acted without the board's authorisation and failed to report his liabilities to the stock market.

Even though the four defendants had pleaded guilty and asked for a lenient sentence,

the court found no grounds for commuting the punishment.

Under the securities law, convicts can serve no more than 20 years in jail regardless of the original sentencing.

As for Sondhi's sentence, the court has ordered that his term include his three previous convictions for libel.

His first sentence was three years in jail for defaming former PM Thaksin Shinawatra; then he was sentenced to six months imprisonment for insulting barred party executive Phumtham Wechayachai; and the third was six months in jail for defaming Thaksin's legal adviser Noppadon Pattama.

All three cases are under appellate review.

-- The Nation 2012-02-29

[pauljones]

A political sentencing. !!!!!!!!!!!!

Thaksin deserves the same.

NOT faIr.

He did receive the same.

Railroaded by the Army.

[waza]

Good to see the rule of law working, at least in one case.

[Reasonableman]

Indeed. I'd be interested to know why corporate crime, if you want to call it that, attracts such severe penalties, while murder, rape, assault, etc., seem to attract more moderate punishment. Is it the number of $$$ involved, or what?

Good to see the rule of law working, at least in one case.

[Om85]

Well , i don't care about politicians in general but i particularly don't care about Thai politicians, cuz the most of they are (in the most of times) are part of the problems, not part of the solutions, and they do not care about us( the foreigners living here) neither care about the Thais that happens to have a foreign father or husband and they don't care about the poor too, so ......

[Reasonableman]

A glimpse into Pandora's Box. Expats really need to get together and lobby for equal rights for their Thai families. Agreed 1000%.

Well , i don't care about politicians in general but i particularly don't care about Thai politicians, cuz the most of they are (in the most of times) are part of the problems, not part of the solutions, and they do not care about us( the foreigners living here) neither care about the Thais that happens to have a foreign father or husband and they don't care about the poor too, so ......

[Roadman]

And he will appeal and be out of jail causing havoc for the next 5 years ...

And thats the problem in lawless Thailand...any sort of following worthwhile law is just walked over by whoever. He should be doing time inside now pending his appeal. And the fugitive convicted criminal as PM and governement overseerer over in Dubai should be in the cell beside doing his porridge and pending further charges of leading a Civil War against Thailand.

It is going to get a lot more lawless if the hard core Pheu Thai/Red/UDD block gets to amend that their MP's are above the law, if they get to dictatorise the Thai constitution.

[Zolt]

Sondhi's already been spending most of his time overseas lately. I have no doubt he'll skip if the appeal doesn't seem to go his way.

[Reasonableman]

what goes around comes around.

Let's hope so, in this lifetime. Karma moves far too slowly for my liking. Call it impatience, call it ADD if you like, but I like my rewards, seeing justice, right now.

Edited February 29, 2012 by Reasonableman

[LomSak27]

Even if Thaksain is going to "go after him" he won't serve any real jail time - he'll get a padded cell with cable computers and service ... if he serves at all.

This guy is scum though, every bit as bad as ol Thaks. You should read his comments in regard to the 97 banking meltdown. Remember he might not be Thaksin friend BUT he most definetly is not your friend.

I have to hand it to him for the Emerald Bhudda Ceremony conspiracy theory

The Erawan shrine conspiracy theory

and the Finland Plot

He's out there working overtime to give mush heads all the mush they could ever want - chow down

[JurgenG]

With all guano being thrown about I had to think of the picture below. Although it's about the Euro crisis there is some similarity with what we observe in Thailand and TV, I think. Now who would be the top bird

There is an old jail in Chanthaburi I'm sure you'd appreciate

[JurgenG]

I'm in a good mood this morning.

With this trouble maker out of the way and the democrats finally realizing that if they want to matter in the future they need to win the election, suddenly Thailand's future looks much more brighter

[CockneyGit]

A nice gift from "Little Sister" to "Big Brother"..!!

Interested to see if there's any Yellow loyalty forthcoming or if they just cast him out.....

[Ricardo]

Perhaps one change to the Constitution might be, to permit 'trials in-absentia' to go-ahead, thus Thaksin might finally get justice & they might end-up sharing a cell together long-term ?

Somehow I doubt that Sondhi will ever serve time, or Thaksin return to face his outstanding court-cases, but one can dream ...

Whatever, I'd view it as progress, that a former-PM or a big-businessman can nowadays face cases like these, and be found guilty.

Edited February 29, 2012 by Ricardo

[Macmundi]

The government obeys the Law or the Law obeys the government?

[Reasonableman]

Perhaps one change to the Constitution might be, to permit 'trials in-absentia' to go-ahead, thus Thaksin might finally get justice & they might end-up sharing a cell together long-term ?

Somehow I doubt that Sondhi will ever serve time, or Thaksin return to face his outstanding court-cases, but one can dream ...

Whatever, I'd view it as progress, that a former-PM or a big-businessman can nowadays face cases like these, and be found guilty.

Once again, it all boils down to enforcement and upholding the rule of law, not only the legal process leading up to the court's decision. Many suggest that the conviction may stand, but the convicted will walk. This reflects serious reservations about the effectiveness of the justice system. Allowing a convict, whoever they are, to travel overseas because they make a solemn promise to return is either extremely naive, or extremely disingenuous. Being freed on bail should not be a get-out-of-jail-free card to abscond.

Edited February 29, 2012 by Reasonableman

[sparebox2]

This is a joke.

If some one has commited crime(s) so serious as sentenced to 20 years, will you let him out on bail?

My conclusion:

1. Either the sentence of 20 years is way too much or

2. His crime is so minor, that he should not be sentenced in the first place.

[Reasonableman]

This is a joke.

If some one has commited crime(s) so serious as sentenced to 20 years, will you let him out on bail?

My conclusion:

1. Either the sentence of 20 years is way too much or

2. His crime is so minor, that he should not be sentenced in the first place.

Apparently the charges were very serious and substantiated. The sentencing sounds unnecessarily draconian and surreal. But how is that a joke?

[Nacho]

It's pretty straight forward. Thaksin signed off on the land deal that was linked to the government. Being PM, he should have kept clear of it.

And then there's all the cases that haven't been tried yet, which are more likely to lead to the 20 (or 85) year sentences.

Yes that is how his critics like to summarise it in an attempt to vilify him, but in fact it's much more complex than that.

In legal perspective, it boils down to whether the FDIF, which is an agency set up under the BOT, is considered as “state owned” or a “state enterprise”. If we look at Supreme Court decision No. 4655/2533 (In brief the plaintiff is suing the government for FDIF mis-management and asking the government to pay for the mistake because the FDIF had a legal shield) the Supreme Court had made a decision that the FDIF is not state owned or a state enterprise so the charge was dropped. Anyway, in 2007 the Junta/ ASC re-classified the FDIF as being state owned and they charged Thaksin on that ground.

Lets keep it simple. He was found guilty, could have appealed, and possibly had it overturned to not guilty, but he didn't appeal.

Sorry to tell you my friend, but his conviction is final. GUILTY

Edited February 29, 2012 by Nacho

[animatic]

It's pretty straight forward. Thaksin signed off on the land deal that was linked to the government. Being PM, he should have kept clear of it.

And then there's all the cases that haven't been tried yet, which are more likely to lead to the 20 (or 85) year sentences.

Yes that is how his critics like to summarise it in an attempt to vilify him, but in fact it's much more complex than that.

In legal perspective, it boils down to whether the FDIF, which is an agency set up under the BOT, is considered as “state owned” or a “state enterprise”. If we look at Supreme Court decision No. 4655/2533 (In brief the plaintiff is suing the government for FDIF mis-management and asking the government to pay for the mistake because the FDIF had a legal shield) the Supreme Court had made a decision that the FDIF is not state owned or a state enterprise so the charge was dropped. Anyway, in 2007 the Junta/ ASC re-classified the FDIF as being state owned and they charged Thaksin on that ground.

Precedent law doesn't exist in Thailand.

'The junta' didn't reclassify it,

the courts decided FDIF was under Thaksin.

He could hire and fire it's controllers

and that was enough for intimidation

and conflict of interest.

No doubt they thought the earlier decision was questionable.

It was. And still makes no difference because:

Precedent law doesn't exist in Thailand.

Edited February 29, 2012 by animatic

[sparebox2]

This is a joke.

If some one has commited crime(s) so serious as sentenced to 20 years, will you let him out on bail?

My conclusion:

1. Either the sentence of 20 years is way too much or

2. His crime is so minor, that he should not be sentenced in the first place.

Apparently the charges were very serious and substantiated. The sentencing sounds unnecessarily draconian and surreal. But how is that a joke?

Light crime you walk.

Serious crime you go to jail.

The joke is that; is it a serious crime (else he won't get the 20 years), and yet he walks.

[nurofiend]

what goes around comes around.

Let's hope so, in this lifetime. Karma moves far too slowly for my liking. Call it impatience, call it ADD if you like, but I like my rewards, seeing justice, right now.

well i was saying that more along the lines of sondhi out to get thaksin banged up, and now that's what he's getting.

but yeah, i equally hope if thaksin comes back he gets his days in court too for the numerous charges waiting to be made on him and if proven guilty, he should be banged up... hopefully with sondhi as his celly, tho maybe they'd rekindle possibly the most damaging friendship in recent thai history.

Edited February 29, 2012 by nurofiend

[Reasonableman]

This is a joke.

If some one has commited crime(s) so serious as sentenced to 20 years, will you let him out on bail?

My conclusion:

1. Either the sentence of 20 years is way too much or

2. His crime is so minor, that he should not be sentenced in the first place.

Apparently the charges were very serious and substantiated. The sentencing sounds unnecessarily draconian and surreal. But how is that a joke?

Light crime you walk.

Serious crime you go to jail.

The joke is that; is it a serious crime (else he won't get the 20 years), and yet he walks.

carts and horses, chickens and eggs, fat ladies and songs... let's see how it all pans out...

Edited February 29, 2012 by Reasonableman

[Reasonableman]

what goes around comes around.

Let's hope so, in this lifetime. Karma moves far too slowly for my liking. Call it impatience, call it ADD if you like, but I like my rewards, seeing justice, right now.

well i was saying that more along the lines of sondhi out to get thaksin banged up, and now that's what he's getting.

but yeah, i equally hope if thaksin comes back he gets his days in court too for the numerous charges waiting to be made on him and if proven guilty, he should be banged up... hopefully with sondhi as his celly, tho maybe they'd rekindle possibly the most damaging friendship in recent thai history.

If that eventuates, perhaps they can reflect on all the damage they have done

[gemini81]

Banana republic, redefining the boundaries of the term each passing day.

Hope when the tables are turned next time, its the phua thai criminals reaping what they've sowed.

Edited February 29, 2012 by gemini81

[ianf]

I don't really think he will serve even one month in jail but anyway it's a really great news

Why is it such a great deal when the Government states that it is seeking reconciliation? Presumably Jurgen wants revenge as are those praising this sentencing without any knowledge of the facts or the politics behind it. For my part I have no idea whether Sondhi is guilty or innocent of this charge ..... what I do know is that he has been very vocal in his opposition to the Thaksin regimes (both present and past) and that makes me suspicious. However, I do not know if the judiciary is independent or not. What I see is that the judiciary is praised when it comes down on the people you oppose and vilified when it convicts those you support. There is wrongdoing on all sides of the political spectrum and that happens because the Thais have no respect for the rule of law. Without the rule of law there is no environment in which democracy can prosper. The lack of respect for the rule of law is demonstrated on the streets every day: You only have to see the vast numbers of Thais (and some farangs) who ride their motorbikes without helmets to understand this. So Jurgen, we don't need bias here because its too transparent and not at all helpful. If Sondhi had been a Red then your post would have said what bad news this is ............

[JurgenG]

So Jurgen, we don't need bias here because its too transparent and not at all helpful. .

Edited February 29, 2012 by JurgenG

[JurgenG]

^

I couldn't resist ....

Edited February 29, 2012 by JurgenG

[h90]

This is a joke.

If some one has commited crime(s) so serious as sentenced to 20 years, will you let him out on bail?

My conclusion:

1. Either the sentence of 20 years is way too much or

2. His crime is so minor, that he should not be sentenced in the first place.

Recall that Red Shirts: on terrorism charges and let out on bail.