Court Rejects Criminal Lawsuit Against Thaksin

[george]

Court rejects criminal lawsuit against Thaksin

BANGKOK: -- The South Bangkok Criminal Court Monday rejected a lawsuit filed by an American businessman against caretaker Prime Minister Thaksin Shinawatra on ground that its statue of limitations had expired.

The suit was filed by William L Monson, the American businessman who accused Thaksin of perjuries related to a civil court against Monson.

The court reasoned that although Monson filed the suit on July 20 just three days before the statute of limitations expired, the plaintiff so far failed to bring the accused to the court so the 10-year statue of limitations had expired.

Thaksin, a former business partner of Monson, was accused of using false evidence in court when the premier tried to charge Monson, a cable TV company owner, of embezzlement back in 1989.

Monson, now president of US-based Clearview Wireless, said Thaksin had already lost the embezzlement case in two civil courts.

-- The Nation 2006-09-11

[LaoPo]

Court rejects criminal lawsuit against Thaksin

BANGKOK: -- The South Bangkok Criminal Court Monday rejected a lawsuit filed by an American businessman against caretaker Prime Minister Thaksin Shinawatra on ground that its statue of limitations had expired.

The suit was filed by William L Monson, the American businessman who accused Thaksin of perjuries related to a civil court against Monson.

The court reasoned that although Monson filed the suit on July 20 just three days before the statute of limitations expired, the plaintiff so far failed to bring the accused to the court so the 10-year statue of limitations had expired.

Thaksin, a former business partner of Monson, was accused of using false evidence in court when the premier tried to charge Monson, a cable TV company owner, of embezzlement back in 1989.

Monson, now president of US-based Clearview Wireless, said Thaksin had already lost the embezzlement case in two civil courts.

-- The Nation 2006-09-11

Huh? Can anyone explain the logics of that?

LaoPo

[konangrit]

Back to normal with regards to the courts then.

[A_Traveller]

Back to normal with regards to the courts then.

Given how a number of things are snapping back to the 'situation normal....' one may view PAD etc. as an aberattion in the flow of political 'life' here, ho hum.....

[cclub75]

Back to normal with regards to the courts then.

Perfectly said.

I think nobody would be... surprised by this "decision".

So what do have left now ?

[womble]

Back to normal with regards to the courts then.

Perfectly said.

I think nobody would be... surprised by this "decision".

So what do have left now ?

//edit

//end edit

//Khutan

So surely this now sets a precident for the criminal court, thus taking away justice to many criminals who should be tried for their misdeeds.

There should be no statute of limitation on any case. If you break the law it should be law that you can be taken to court at any time for it as long as the evidence is good enough.

This decision doesn't surprise me in the slightest, although I don't think it was reported anywhere that it was possible. This will shock the anti Thaksin media. Probobally won't make a ripple elsewhere.

[pedro01]

Back to normal with regards to the courts then.

Perfectly said.

I think nobody would be... surprised by this "decision".

So what do have left now ?

A very rich judge, thats for starters!

So surely this now sets a precident for the criminal court, thus taking away justice to many criminals who should be tried for their misdeeds.

There should be no statute of limitation on any case. If you break the law it should be law that you can be taken to court at any time for it as long as the evidence is good enough.

This decision doesn't surprise me in the slightest, although I don't think it was reported anywhere that it was possible. This will shock the anti Thaksin media. Probobally won't make a ripple elsewhere.

It is a strange decision. I took someone to criminal court & he tried to delay it by not turning up - they decided to proceed in his abscence.

[Old Man River]

Several of us wrote in TV when this suit was first filed that it would be a non-starter in Thailand. However, I highly doubt anyone of us could have foreseen the reason given. Basically, the court is saying they believe he may be guilty and could not find any other reason to throw the case out. Better to say something stupid than to dismiss it without reason. The only precedent set here is that it shows that the criminal court will not hear any case against this PM. It does not mean that the Statute of Limitations will not apply to everyone else.

Going through TV today I find the dismissal of the Monson suit, confirmation of discontinuance of border runs, halting environmental research projects (including those in process), stopping the expansion of hypermarts (including those in process), the announcement that it may become illegal for under 25's to drink alcohol AND foreign leaders praising Thailand at ASEM.

It has been a very interesting day.

[womble]

Monson has another day in court, sept 18, he's got a heap of other charges that he could use to try to get this to trial.

Round 1 to Thaksin.

Funny how Thaksin always goes away when he's due in court!

[Old Man River]

Monson has another day in court, sept 18, he's got a heap of other charges that he could use to try to get this to trial.

Round 1 to Thaksin.

Funny how Thaksin always goes away when he's due in court!

Based on the reason given for throwing this one out of court, I would say game, set and match.

[kmart]

I doubt anyone ever really thought that Mr Monson would actually have a realistic hope of winning this. Or was it just a long-forgotten charge suddenly bumped by the anti-Thaksin people?

Could you imagine it happening in the US, for example?

I'm surprised the Monson fellah never accepted a settlement out of court, as its normally more than most shafted foreign co-investor / business partners receive from cheating Thai partners.

[Plus]

It doesn't look so hopeless according to BP

Monson loses perjury case against Thaksin

The South Bangkok Criminal Court Monday dropped a lawsuit filed by an American businessman against his former business partner caretaker Prime Minister Thaksin Shinawatra on ground that its statue of limitations had expired.

Mr William Monson came to testify this morning in the South Bangkok Criminal Court in a case in which he accuses caretaker Mr Thaksin Shinawatra of committing perjury.

The judge reasoned that although Monson filed the suit on July 20 just three days before the statute of limitations expired, the plaintiff so far failed to bring the accused to the court so the 10-year statue of limitations had expired.

"There are many more rounds," said Monson, after the South Bangkok Criminal Court dismissed his first perjury case against Thaksin. "I have been fighting this case for 17 years so I will not stop now."

Monson's Thai lawyer, Pramest Sutavutr, said they would lodge two other perjury charges against Thaksin within the next three days, accusing the prime minister of lying under oath when he accused Monson of embezzlement in 1989 in a criminal court.

Currently the owner of the Seattle-based Clearview Cable TV company and the manager of CTVC of Hawaii, Mr Monson filed criminal charges on July 20 accusing Mr Thaksin of committing perjury during a previous court hearing in a separate case, in which Mr Thaksin accused him of embezzlement and breach of contract.

Mr Monson claims that Mr Thaksin lied in the civil court by calling him an employee and by alleging that Mr Monson's company had stolen equipment in an unfair business deal.

He was acquitted by the Criminal, Civil, and Appeals courts, prompting Mr Monson to file a counter-suit

accusing Mr Thaksin of perjury.

Thaksin was in Helsinki, Finland, on Monday, attending the Asia Europe Meeting (ASEM) Summit.

"Every time we ask Thaksin to appear in court he is abroad," said Pramest. "I'm not the Attorney General, so I can't make him show up."

Monson's next court hearing is scheduled for September 18. A final decision on whether the court will launch a trial against the premier is scheduled on October 16.

Mr Monson was a partner of Mr Thaksin during the 1980s, when Mr Thaksin ran International Broadcasting Corp (IBC) and they co-invested in cable television.

>>>>>>>>>>

Where does today's decision to drop the case fit in? Is it by the same court? For the same offence?

[farangsay]

Pretty disgraceful

And pathetic if that's the best reason they could come up with

Since when is the plaintiff supposed to get the defendant to come to court ?

Hey TiT

[Ricardo]

Pretty disgraceful

And pathetic if that's the best reason they could come up with

Since when is the plaintiff supposed to get the defendant to come to court ?

Hey TiT

One supposes this to be the job of the police, at the direction of the court, who seem to have found a very dubious justification to dismiss the case. TiT.

Sending the police, for DL, would that be a case of 'set a thief - to catch a thief' ?

[cclub75]

Going through TV today I find the dismissal of the Monson suit, confirmation of discontinuance of border runs, halting environmental research projects (including those in process), stopping the expansion of hypermarts (including those in process), the announcement that it may become illegal for under 25's to drink alcohol AND foreign leaders praising Thailand at ASEM.

It has been a very interesting day.

A very good sum'up Old Man !

I'm losing my breath to repeat around ThaiVisa that, without doubt, there is "plan", a pattern that is emerging, slowly but surely. Suffice to link all the dots. And since 2001, we have had a lot of dots.

[stumonster]

as I am not a 'thai' lawyer, I don't know how it works ...

but wouldn't it be worth the effort to call mr't' a liar in the media and let him make the move in his most favourite of court actions and have him file a 'defamation' suit - make him turn up to court and stand as a witness.

[thaigene2]

We all know what we think of this but moderators be careful here.. As repulsive as it may be the law says you can't criticize the judges or their decisions.. Don't tempt fate..we rely on TV for info we can't get otherwise..don;t give em an excuse ya know??

[John K]

Pretty disgraceful

And pathetic if that's the best reason they could come up with

Since when is the plaintiff supposed to get the defendant to come to court ?

Hey TiT

One supposes this to be the job of the police, at the direction of the court, who seem to have found a very dubious justification to dismiss the case. TiT.

Sending the police, for DL, would that be a case of 'set a thief - to catch a thief' ?

Thaksin to fly from Finland to Cuba

Caretaker Prime Minister Thaksin Shinawatra has cancelled his plan to return to Bangkok from Helsinki but will fly straight to Cuba to attend a meeting of the Non-Aligned Movement nations.

Government Spokesman Surapong Suebwonglee said Thaksin was initially scheduled to return to Bangkok at 9 am Tuesday but he cancelled the plan on Legal and criminal health reason.

Surapong said Thaksin had assigned caretaker Deputy Prime Minister Chidchai Vanasatidya to chair the weekly Cabinet meeting.

Surapong said Thaksin would attend the NAM meeting and would later attend the United Nations assembly during November 14 to 22.

The Nation

You don’t think this has anything to do with the next 2 court appearances in the next few days do you????

Edited September 11, 2006 by John K

[PeaceBlondie]

Can this most recent decision of the court be appealed? The plaintiff seems to like to go to court, even if the defendant doesn't.

[John K]

You would hope that is the case, but it looks like Thaksin knows the game and is playing it. His excuse is lame too because he is only caretaker and can’t do much more than observe at the places he is going.

I feel he is just a coward because he knows he is wrong. What the phrase we often read about that Thais do when there is potential trouble for them ...... hmmm oh yes, here it is “FLEE THE SCENE”

Edited September 11, 2006 by John K

[sriracha john]

Court says it's too late for Thaksin perjury case

The Criminal Court yesterday dismissed the first of two lawsuits filed by United States businessman William Monson against caretaker premier Thaksin Shinawatra.

According to the court, the statute of limitations for the 1996 perjury charge had expired.

Thaksin, a former cable television businessman, was accused of giving false evidence in court in a related civil case against Monson, a cable television business owner.

Besides this case, another perjury lawsuit filed by Monson against Thaksin is pending in court.

The court scheduled a total of five hearings, starting on September 18, to determine if there should be a full trial.

The court will make a decision on October 16.

While yesterday's court decision was a setback for Monson, the businessman said he remained optimistic. Monson added he would appeal the ruling on the first of his two perjury lawsuits against Thaksin.

"A boxing match has many rounds. This is only one round," Monson said after learning of yesterday's decision.

Monson is currently the proprietor of Clearview cable television in Seattle. He was a former business partner of Thaksin at cable broadcaster IBC.

Monson said karma would eventually catch up with Thaksin. "You call it karma. We say 'what goes around comes around'. This is just a second case."

Monson and Thaksin fell out and Thaksin accused Monson of embezzlement in 1989. He was acquitted.

Yesterday's lawsuit was filed on July 20 - three days ahead of the expiration of the statute of limitations. But, the court ruled yesterday counting could not stop at the filing of charges. It said the defendant had yet to report to the court and could not be considered to be under its authority. Monson's lawyer Poramet Sutabut said it was impossible for Monson to get the caretaker prime minister to appear in court.

He believed evidence in the hearing commencing next week was overwhelming and proved Thaksin offered false testimony to the court. The chances of the court agreeing to hear the argument were high.

He said Thaksin lied "on numerous occasions" during Monson's embezzlement trial "because he thought he could get away with it".

"That's his habit. What can I say? He's not stupid but he thought he could get away with it," Poramet said.

Thaksin's representative Sombat Chao-wanapreecha played down any political impact.

"I don't know if it will have an impact or not," he said.

- The Nation

[Jai Dee]

Public warning: criticism of Thai politicians is one thing, but criticism of the Thai legal system including the various courts, officers of the courts, and their decisions is not permitted on ThaiVisa.

Thanks for your understanding.

[sriracha john]

In honor of Thaivisa's much-appreciated freedoms :

[sriracha john]

UPDATE

Perjury case: Monson's Thaksin suit deferred

The Criminal Court yesterday agreed to postpone a hearing on a perjury case brought against ousted premier Thaksin Shinawatra by American businessman William Monson due to the possibility of an out-of-court settlement.

The court scheduled October 8 for the hearing to decide whether to launch a judicial review of the case lodged by Monson, of Seattle.

"Through representatives of the defence and the plaintiff, Thaksin has offered to settle out of court but his negotiating terms have yet to be finalised," Monson said after asking for the hearing delay.

In the fallout from a business dispute over a cable television deal in 1989, Monson filed the criminal lawsuit in January, accusing Thaksin of lying on the witness stand in a civil suit for damages.

- The Nation

=========================================================

Best to get that settlement amount in cold, hard cash.... and quickly, too.

[Tony Clifton]

UPDATE

Perjury case: Monson's Thaksin suit deferred

The Criminal Court yesterday agreed to postpone a hearing on a perjury case brought against ousted premier Thaksin Shinawatra by American businessman William Monson due to the possibility of an out-of-court settlement.

The court scheduled October 8 for the hearing to decide whether to launch a judicial review of the case lodged by Monson, of Seattle.

"Through representatives of the defence and the plaintiff, Thaksin has offered to settle out of court but his negotiating terms have yet to be finalised," Monson said after asking for the hearing delay.

In the fallout from a business dispute over a cable television deal in 1989, Monson filed the criminal lawsuit in January, accusing Thaksin of lying on the witness stand in a civil suit for damages.

- The Nation

=========================================================

Best to get that settlement amount in cold, hard cash.... and quickly, too.

After years of denial and perjury, Thaksin suddenly decides on a sleazy settlement with Monson who probably wants nothing to do with the Thai court system anymore, even though Thaksin now has no influence over it . Monson will get some cash while also seeing Thaksin lose face, not a bad deal

::

Where will the settlement money come from? Here's another investigation.

The reason for this has to be his fit and proper person test in the purchase of Manchester City.

Edited June 26, 2007 by Tony Clifton

[DMasut]

Does anyone know what the "Statute of Limitations" to file either civil or criminal case in Thailand?