Tak's Mae Tao clinic foundation caught in land dispute

[webfact]

Mae Tao clinic caught in land dispute
The Nation

TAK: -- A legal dispute is underway between a foundation that supports Mae Tao clinic in Tak, founded and run by Magsaysay laureate Dr Cynthia Maung, and a monk who sold the land plot, which is now home to a field hospital and a school.

Well-known social critic Sulak Sivaraksa, founder of the Metta Thammarak Foundation, has called on foundation members to file a lawsuit against Phra Kittisak Kittisophano, who allegedly sold the three-quarter-rai plot of land for Bt2.5 million to Pol Lt-Col Cholthep Maichai, a senior ploliceman based in Fang. The sale, he said, was in violation of the foundation's objectives.

An activist, Pipob Udomittipong, said fraud was being considered against Phra Kittisak, because he sold the land plots without authorisation; and a civil lawsuit to invalidate the sale of the land plots, which were sold to the policeman, despite him being the innocent party.

Chalwal Punyapan, a former foundation member, said the land plots housed a hospital and a school, and the sale of the land would affect operations of both services -provided largely to Myanmar refugees and children born to immigrants based or working in Tak province.

Sulak said earlier that Cynthia would not be qualified to lodge a lawsuit herself, as she was not a Thai national, and Mae Tao clinic was not registered as a legal entity. He criticised the monk, now chair of the foundation, saying that he placed more importance over money than on friendship, and seemed to have forgotten the assistance he had received in the past.

Cholthep claimed that he actually bought the plots for Bt2.7 million, from Phra Kittisak, and quoted him as claiming that Mae Tao clinic would be relocated away. A condition in the purchase of the land says Cholthep could not enter the plots or make profits off them before five years, after the sale was made mid last year.

The policeman said Phra Kittisak told him the money would be spent on the charity's affairs and building more facilities for the Mae Tao clinic when they are built at a new site. Cholthep said he had called the monk but could not reach him.

The policeman said he did not have any business plan to make use of the land plots, and said he, as an innocent buyer, was ready to clarify if queried. He said the seller of the lands must be held responsible, as the land plots were sold in violation of the Metta Thammarak Foundation, thus rendering the sale invalid under the Civil Code.

Chalwal said he had not learned of any illegal activities, including smuggling of illegal immigrants into Thailand, as alleged by Phra Kittisak, throughout more than a decade of the foundation's or the clinic's operation. He said Mae Tao clinic officials had tried to convince the monk to hand over ownership to Suwannimit Foundation, which is allied to the Metta Thammarak Foundation and now oversees the Mae Tao clinic, but the monk kept turning them down.

-- The Nation 2013-07-06

[Thai at Heart]

Sulak said earlier that Cynthia would not be qualified to lodge a lawsuit herself, as she was not a Thai national, and Mae Tao clinic was not registered as a legal entity.

If it's not a legal entity, who is employing her?

[OzMick]

Pol Lt-Col Cholthep, the "innocent party" with a lazy B2.7 million, could do with a little closer examination. Tax audit perhaps?

[Sunisalom]

"which were sold to the policeman, despite him being the innocent party."

And where does a policeman get 2.5M baht from, again?

Sunisa.

[IMA_FARANG]

Wasn't it a U.S. Senator during the Watergate political scandal in the U.S. (possibly Senator Sam Irvine, but I can't recall for sure), who made the famous statement that,

"If you want to get to the bottom of this thing, just follow the money trail, Just always follow the money trail to get to the bottom of the case".

Somehow, I suspect that in this case it's the same. Follow the money trail to find the answer.

[jingjoke]

^^^ '...with a lazy B2.7 million....'

I like the use of the adjective 'lazy'. Hadn't heard it used that way before. Cheers-

[Johpa]

Sulak said earlier that Cynthia would not be qualified to lodge a lawsuit herself, as she was not a Thai national, and Mae Tao clinic was not registered as a legal entity.

If it's not a legal entity, who is employing her?

The Mae Tao clinic is supported by private donations and is largely staffed by volunteers. It is a most remarkable place. I would have thought that the Royal Thai Government would have been honored to have claimed Dr. Cynthia as a citizen by now.

[Johpa]

"which were sold to the policeman, despite him being the innocent party."

And where does a policeman get 2.5M baht from, again?

Sunisa.

As he was based in Fang that means you can now go a bit further north up the main road and have a coffee with one of the sources of that money.

[Thai at Heart]

Sulak said earlier that Cynthia would not be qualified to lodge a lawsuit herself, as she was not a Thai national, and Mae Tao clinic was not registered as a legal entity.

If it's not a legal entity, who is employing her?

The Mae Tao clinic is supported by private donations and is largely staffed by volunteers. It is a most remarkable place. I would have thought that the Royal Thai Government would have been honored to have claimed Dr. Cynthia as a citizen by now.

Maybe. But a foreigner can only work for a legal entity. If it's a charity it should be registered.

[webfact]

UPDATE:
DR CYNTHIA'S CLINIC
Tak clinic ponders legal move over land
Somjit Rungchamtratrassami,
Prapaporn Kreungew
The Nation

TAK: -- The Suwannimit Foundation and Mae Tao Clinic in Tak province are discussing with lawyers and foundation committee members how to take back land that is now home to a field hospital and a school.

The foundation and the clinic support tens of thousands of Myanmar refugees every year, plus children of migrants based or working in Tak.

Magsaysay laureate Dr Cynthia Maung said the field hospital and the school services would remain, despite claims the land has been sold.

Phra Kittisak Kittisophano from the Metta Thammarak Foundation in Chiang Mai, allegedly sold the three-quarter-rai plot for Bt2.7 million to Pol Lt-Colonel Cholthep Maichai, from Fang.

The monk has been attacked for selling the land. But he posted comments on his Facebook page (www.facebook.com/phrakitti) and urged for the case to go to court.

The dispute stems from a decade ago when the clinic wasn't legalised and had problems taking donations. Supporters asked to use the monk's foundation on registration papers as owner of the donated land.

Before the clinic set up the Suwannimit Foundation, it tried to claim the land back under the new foundation's name, but Metta Thammarak Foundation reportedly ignored it.

The Suwannimit Foundation later found out about the purchase and Cholthep being named as the landowner.

This case has concerned many Myanmar migrants, who urged the monk to return the land. Myanmar national Khin Sor who used clinic services at Mae Tao said the Metta Thammarak Foundation should return the land according to human?itarian principles, the foundation's ideals and the land donor's intention to support the Mae Tao Clinic.

On Monday, Cholthep insisted he bought the plot for Bt2.7 million in mid-last year from Phra Kittisak to use after retirement. He would like both sides to talk about the next move and, if they want the land back, he would be willing to resell the plots upon request.


-- The Nation 2013-07-10

[Bluespunk]

So, the monastery didn't really own the land? It was just a cover story to allow the clinic to run?The monk then sold it when the foundation tried to have the land registered correctly? Wow!

Edited July 9, 2013 by Bluespunk

[asiaexpat]

This clinic has done much good for the poor refugees from the civil war in Burma's north. It is a shame the clinic trusted a Buddhist organization and was betrayed.

[Johpa]

So, the monastery didn't really own the land? It was just a cover story to allow the clinic to run?The monk then sold it when the foundation tried to have the land registered correctly? Wow!

Yes, it reads more as if the land was originally donated to the clinic but that initially the clinic did not have the status to register the land in the name of the clinic itself. It then asked the monk's foundation to serve as the registered owner, assuming that the monk, or hos foundation, would not take advantage of the situation. Then, more recently, the monk did indeed take advantage and decided to sell the land to a policeman from Fang. And for those of us who are familiar with the police in Fang, well I still have family up that way and so best not to make any further comments.

I should be meeting with some of the primary supporters of the clinic within a few weeks and hope to be able to provide some more information at that point.