Latest: Juthamas, daughter put behind bars for bribery

[webfact]

Juthamas, daughter put behind bars for bribery
By THE NATION,
AGENCIES

 

Juthamas Siriwan, right, a former governor of the Tourism Authority of Thailand, and his daughter are taken to jail after the Criminal Court convicted them for corruption. Both received long jail terms and face asset seizures.

 

TAT ex-governor gets 50-year sentence, daughter gets 44 years; bail plea pending

 

BANGKOK: -- THE FORMER governor of the Tourism Authority of Thailand (TAT), Juthamas Siriwan, was yesterday sentenced to 50 years in jail for accepting US$1.8 million (Bt62 million) in bribes from an American couple seeking the rights to host a Bangkok film festival.

 

The Central Criminal Court for Corruption and Misconduct Cases also sentenced her 43-year-old daughter, Jittisopha, to 44 years in jail for helping hide the ill-gotten cash in overseas bank accounts. The court ordered authorities to seize the funds found to have been earned dishonestly from the bribery scandal.

 

Juthamas and Jittisopha spent the night in detention yesterday after the court declined to grant them bail. The lower court referred their request for bail to the Appeal Court, which did not make a decision regarding the matter immediately. 

 

Their lawyer, Tanakorn Waekwari, sought a temporary release, offering bail of Bt1 million each. The defence is expected to appeal against yesterday’s court verdict.

 

Juthamas, 70, and her daughter appeared at the court in black yesterday but they avoided the media. They were accompanied by their lawyer and a small group of people close to them. 

 

The mother and daughter were heard sighing from time to time while the court read the verdict, during a session that lasted almost three hours. 

 

The court found the former TAT governor guilty of committing malfeasance by accepting bribes from the American businesspeople Gerald and Patricia Green from 2002 to 2007 in exchange for the rights to organise the Bangkok International Film Festival.

 

Juthamas denied that that she had abused her power as TAT governor and argued that she was not involved with any procurement for the film festival. Jittisopha argued that the $1.8 million in her overseas bank accounts were from her own business with the Greens and that the money had nothing to do with her mother. 

 

The court, however, was not convinced by their arguments.

 

Juthamas was found guilty on 11 counts, with six years’ imprisonment on each count totalling 66 years. However, according to the law, a convict cannot be imprisoned for longer than 50 years. Jittisopha was found guilty on 11 counts, with four years’ imprisonment on each count totalling 44 years.

 

Public prosecutors filed the case against Juthamas and her daughter in August 2015.

 

Juthamas and her daughter yesterday were put behind bars following a delay in the court’s ruling on their bail applications. The pair sought release on bail, offering a guarantee of Bt1 million each. The primary court, however, passed on the bail request to the Appeal Court. The lower court said it feared the defendants might flee the country due to the tough penalty.

 

NACC to seize assets abroad

 

“They colluded to avoid free competition in favour of Gerald Green and Patricia Green,” the court verdict said, referring to the Los Angeles-based couple behind the bribery.

 

The court found that the American couple made 59 money transfers into the bank accounts of Jittisopha and her unnamed friends, totalling $1.82 million. 

 

The Greens served time in US jail for running the sophisticated graft scheme, which saw them funnel money to Juthamas over a period of five years to secure rights to run the annual Bangkok International Film Festival. 

 

The contracts enabled the couple to generate more than $13.5 million in revenue, according to a statement by the US Federal Bureau of Investigation (FBI) about its probe into the case against the Greens.

 

Last Friday, the National Anti-Corruption Commission (NACC) said it would seize an estimated Bt65 million in overseas assets belonging to Juthamas and her daughter. The TAT ex-governor had earlier faced an NACC investigation for being “unusually rich” after leaving public office.

 

The anti-graft agency said it would forward the case to the Office of the Attorney-General for further action on asset seizure. Based on a money trail provided by the FBI and the US Justice Department, the ill-gotten money was found to have been deposited in several foreign bank accounts in five countries and territories, namely the United Kingdom, Ireland, Singapore, Jersey and Switzerland.

 

Source: http://englishnews.thaipbs.or.th/no-bail-yet-ex-tat-governor-daughter/

 

-- © Copyright The Nation 2017-03-30

[webfact]

No bail yet for ex-TAT governor and daughter

 

 

BANGKOK: -- The Appeals Court has not granted bail for former Tourism Authority of Thailand governor Juthamas Siriwan and her daughter, Jitsopha, after they were sentenced to 50 years and 44 years imprisonment respectively on corruption charges.

 

Their lawyer put up one million baht bail to seek temporary release of the two convicts found guilty of demanding kickbacks from an American couple in exchange for the right to hold Bangkok film festival.

 

The Criminal Court for Corruption and Misconduct Cases also ordered the seizure of their assets worth about 62 million baht.

 

Full story: http://englishnews.thaipbs.or.th/no-bail-yet-ex-tat-governor-daughter/

 

-- © Copyright Thai PBS 2017-03-30

[smedly]

although I think corruption should be dealt with severely I also think that people caught and convicted for corruption from years ago should be dealt with according to what the penalties would have been or understood to be at the time of the crime, a message to people stating that if you had committed this crime today you would be facing a hail term of up to at least 50 years minimum 20 years should be enough to get the message across, would these two people back then have taken the risk if they had known they would be possibly locked up for 50 years....maybe not

[ChidlomDweller]

It's a harsh sentence.  Don't feel sorry for them though.  I'll reserve my pity for the majority of Thai people who lead shitty lives making ends meet and having to grovel before the likes of them.

[whatawonderfulday]

Well guess it is a start in making an example.

[ezzra]

Although justice took it's sweet time to be matted on the culprits,

as was served nonetheless, I just hope that out of all that the would

be wrong doers will see that corruptions, greed, and dishonesty

doesn't really pay in the long run....

[ChidlomDweller]

37 minutes ago, smedly said:

although I think corruption should be dealt with severely I also think that people caught and convicted for corruption from years ago should be dealt with according to what the penalties would have been or understood to be at the time of the crime, a message to people stating that if you had committed this crime today you would be facing a hail term of up to at least 50 years minimum 20 years should be enough to get the message across, would these two people back then have taken the risk if they had known they would be possibly locked up for 50 years....maybe not

The problem with that is that, in your words, the penalty understood at that time for hi-sos was no penalty.  At most you get caught and can then drag things out in the court and never see a day in jail.   I don't think this is a case of a new law being retroactively applied, but rather a case of extreme, selectively leniency not being granted this time.   Everybody knows there are thousands like those two,  so they're very unlucky.  Unlucky doesn't mean "unfair" though.  

[dcnx]

Neither will stay in jail. Mark my words. 

[Prbkk]

The sentence is a bit extreme, perhaps 15 and 8 years respectively would have been appropriate.

If only the authorities would deal with the hundreds is thousands of corrupt officials such as those employing family members on the public purse ( without any competitive selection process), those demanding favours from companies for decisions/permits/approvals, those in public service who can't explain the sources of their wealth. 

Two down, 999,998 to go.

[smutcakes]

Whilst it's positive custodial terms have been handed down (regardless of whether they stay in there for any length of time) but the length of the sentenance highlights the scattergun approach of the THAI legal system.

 

They seem to just lurch from one extreme to another with seemingly no guidelines or structure to the sentencing. 

 

50 years for this is a crazy sentance, I don't even think it would act as a deterrent, its more of a sentance trying to prove a point which I doubt will be replicated in other cases. Now if they got the Red Bull guy back and put him away even for 1 or 2 years,  now that would make people take notice.

[darksidedog]

45 minutes ago, smutcakes said:

Whilst it's positive custodial terms have been handed down (regardless of whether they stay in there for any length of time) but the length of the sentenance highlights the scattergun approach of the THAI legal system.

 

They seem to just lurch from one extreme to another with seemingly no guidelines or structure to the sentencing. 

 

50 years for this is a crazy sentance, I don't even think it would act as a deterrent, its more of a sentance trying to prove a point which I doubt will be replicated in other cases. Now if they got the Red Bull guy back and put him away even for 1 or 2 years,  now that would make people take notice.

Agreed. Crazy sentencing, but that is Thailand every day. I would expect the Court of Appeal to agree to bail shortly though.

The big issue here is whether this case is a one off, or if we will actually see Justice being dispensed to all, regardless of social status.

I suspect, sadly though, that handshakes and under the table deals will continue to maintain the status quo.

[worgeordie]

Stealing from the Public purse,a serious  crime,which happens far too often,

in the past it seemed not to be taken seriously,with a handful of people been 

taken to court,even fewer to prison.

 

Corruption flourishes because the perpetrators have very little to fear if they  

ever got caught, UNTIL now,just what is needed,someone had to be made

an example of,to let others at least think twice before the engage in corrupt

practices,let's hope the threat of  hard time works,but greed is a strong motivation,

so it might need a few more going to jail,before we see a change of attitudes.

 

regards worgeordie

[Briggsy]

1 hour ago, smutcakes said:

Whilst it's positive custodial terms have been handed down (regardless of whether they stay in there for any length of time) but the length of the sentenance highlights the scattergun approach of the THAI legal system.

 

They seem to just lurch from one extreme to another with seemingly no guidelines or structure to the sentencing. 

 

50 years for this is a crazy sentance, I don't even think it would act as a deterrent, its more of a sentance trying to prove a point which I doubt will be replicated in other cases. Now if they got the Red Bull guy back and put him away even for 1 or 2 years,  now that would make people take notice.

The sentence depends on the status and influence of the lobbying, for the prosecution in this case.

 

The chance that this case could have progressed from the police to the state prosecutor without strong forces from within the government driving it behind the scenes is zero.

[futsukayoi]

2 hours ago, smedly said:

although I think corruption should be dealt with severely I also think that people caught and convicted for corruption from years ago should be dealt with according to what the penalties would have been or understood to be at the time of the crime, a message to people stating that if you had committed this crime today you would be facing a hail term of up to at least 50 years minimum 20 years should be enough to get the message across, would these two people back then have taken the risk if they had known they would be possibly locked up for 50 years....maybe not

But do you think it would be fair the other way round.  For example convicting on the old basis where things have been decriminalized or penalties reduced.  For example should homosexuals be jailed for acts before it became legal.  How about offenses for drugs or types of porn which may now be legal.

[masuk]

2 hours ago, Prbkk said:

The sentence is a bit extreme, perhaps 15 and 8 years respectively would have been appropriate.

If only the authorities would deal with the hundreds is thousands of corrupt officials such as those employing family members on the public purse ( without any competitive selection process), those demanding favours from companies for decisions/permits/approvals, those in public service who can't explain the sources of their wealth. 

Two down, 999,998 to go.

Agree.  If only the B.I.B. were given proportionate sentences for corruption.   Maybe 1 month for accepting traffic 'fines' for starters.  It might save a few lives as well, in that helmets might be worn and not just placed in the luggage basket.

[Philthyphil]

Arrested by the police, who demand bribes as part of their salary. Everyone knows it.

sentenced by the courts/judges who are the same as the police.

 

How can the judges keep a straight face when sentencing? 

 

Maybe be the bribe offered was not enough this time? 

 

The whole country takes bribes from teachers to the land office to the testabaan.

[robblok]

2 hours ago, smutcakes said:

Whilst it's positive custodial terms have been handed down (regardless of whether they stay in there for any length of time) but the length of the sentenance highlights the scattergun approach of the THAI legal system.

 

They seem to just lurch from one extreme to another with seemingly no guidelines or structure to the sentencing. 

 

50 years for this is a crazy sentance, I don't even think it would act as a deterrent, its more of a sentance trying to prove a point which I doubt will be replicated in other cases. Now if they got the Red Bull guy back and put him away even for 1 or 2 years,  now that would make people take notice.

I agree about the strange sentencing here, it really goes from one extreme to an other and now corruption gets punished harsher than a murder. 

 

I do think its a deterrent but only for those that are not connected to the highest level. So it might deter some. I am happy though that someone is punished, any corruption case that ends in a conviction is a good one. Far too many get away.

 

I agree again about the red bull guy its a huge shame on Thailand and all those involved.  

[robblok]

1 hour ago, Briggsy said:

The sentence depends on the status and influence of the lobbying, for the prosecution in this case.

 

The chance that this case could have progressed from the police to the state prosecutor without strong forces from within the government driving it behind the scenes is zero.

who is she an enemy off then ? Was she a ally of Thaksin ? I have no knowledge about her allies just what she has done and that is has been proven she is corrupt. So I am happy she got punished.

[smutcakes]

3 minutes ago, robblok said:

who is she an enemy off then ? Was she a ally of Thaksin ? I have no knowledge about her allies just what she has done and that is has been proven she is corrupt. So I am happy she got punished.

She is probably just out of favor, of limited importance to anyone and someone deemed worthy to be a sacrificial lamb.

[robblok]

1 minute ago, smutcakes said:

She is probably just out of favor, of limited importance to anyone and someone deemed worthy to be a sacrificial lamb.

I don't really what side she was on, just happy she got punished. But the punishment is a bit too harsh, I really hope they get some of the money back that she gained from corruption. That would be a far better deterrent, losing money and freedom not just freedom. 

 

However in Thailand its so easy to hide money without a trace. 

[ChidlomDweller]

1 hour ago, futsukayoi said:

But do you think it would be fair the other way round.  For example convicting on the old basis where things have been decriminalized or penalties reduced.  For example should homosexuals be jailed for acts before it became legal.  How about offenses for drugs or types of porn which may now be legal.

Just for the sake of argument, the examples you cite are instances where society later decided the laws themselves were unjust, so once they're withdrawn it makes sense to not apply them and even free people who were jailed because of them.  In the other cases where new laws are introduced, it would undermine the notion of legal certainty.  It should be good enough to obey current laws.  That's not to say there isn't some scum that you'd want to throw in jail.  

 

Maybe a lawyer can chime in here.  Are there precedents in first-world countries of laws being introduced and retroactively enforced?  

[mikebell]

On appeal, the charges will just go away; hi-sos don't do time in Thailand.

[Wilsonandson]

On the buses.

The rise and fall of Juthamus.

[Robm579]

absolutely ludicrous sentencing.... 

 

 

[Tony125]

Sentence seems way over the top, you don't usuallly get that much time for commiting murder.

[DekDaeng]

OMG!

 

HiSoism is dead?

[The Old Bull]

It's not over till the fat lady sings.

[tukkytuktuk]

5 minutes ago, The Old Bull said:

It's not over till the fat lady sings.

 

[Mitker]

2 hours ago, Tony125 said:

Sentence seems way over the top, you don't usuallly get that much time for commiting murder.

correction:

you don't usually never, never get a single day for committing (multiple) murder if you're not a Somchai

Red Bull, Benz (2 cases), Honda girl...