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Thaksin Accused By Assets Examination Committee On Deals


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Thai anti-graft body files two new corruption charges against ex-PM Thaksin

BANGKOK, Thailand: An anti-graft body whose mandate to probe the government of Thailand's ousted Prime Minister Thaksin Shinawatra expires in a few days recommended Friday that he be prosecuted for two cases of alleged corruption.

A lawyer for the Assets Examination Committee said the two cases involve a government loan to Myanmar for communications satellite services and the procurement of rubber tree saplings.

Sitichok Sricharaen said the agency has filed lawsuits with the Supreme Court and that the court would decide whether to accept the cases.

Thaksin's legal representatives could not be reached for comment Friday, but Thaksin has consistently denied any wrongdoing. The former premier already faces several other corruption-related charges.

Sitichok said the committee was filing a new lawsuit because it determined a 2004 loan to Myanmar by the state-controlled Export-Import Bank of Thailand was meant to benefit the Shin Satellite company, which was then owned by Thaksin's family. The committee's charges against Thaksin in the loan case cover both conflict of interest and abuse of his official powers, committee spokesman Sak Korsaengruang said. The committee alleges that Thaksin used his power as prime minister to instruct the Export-Import Bank to extend the US$127 million loan.

In the second case, the committee filed a lawsuit against Thaksin for alleged corruption in connection with the 2003 procurement of 90 million rubber saplings worth 1.44 billion baht (US$42.9 million), Sak said. Thaksin is already facing conflict of interest and malfeasance charges related to his wife's purchase of a piece of prime Bangkok real estate in 2003. She bought the land from a state agency despite an anti-corruption law barring politicians and their spouses from doing business with government agencies.

In another court case, Thaksin is accused of concealing his ownership of shares in a company in violation of stock market regulations.

Thaksin was deposed in 2006 after months of street demonstrations in Bangkok demanding he step down because of alleged corruption and abuse of power. He returned to Thailand earlier this year after his political allies in the People's Power Party took office.

The mandate of the Assets Examination Committee will end on Monday, after which its work is expected to be taken up by the National Counter Corruption Commission, a permanent body.

- Associated Press

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I think they are going for the shotgun approach. They know he has a lot of money and lawyers, but file every corruption case the can find now to hopefully, somewhere, be able to see some justice be brought in...

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Constitution Court rules in favour of AEC

The Constitution Court Monday ruled in favour of the Assets Examintion Committee, saying its extablishment and term's extension did not violate the 2007 charter.

The Nation

Great news.

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Constitution Court rules in favour of AEC

The Constitution Court Monday ruled in favour of the Assets Examintion Committee, saying its extablishment and term's extension did not violate the 2007 charter.

The Nation

Great news.

It looks like at least those cases the attorney general doesnr thwart will see their day in court. I am sure Mr. Thaksin will welcome this development so he now has a chance to publically clear his name

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Constitution Court rules in favour of AEC

The Constitution Court Monday ruled in favour of the Assets Examintion Committee, saying its extablishment and term's extension did not violate the 2007 charter.

The Nation

Great news.

It looks like at least those cases the attorney general doesnr thwart will see their day in court. I am sure Mr. Thaksin will welcome this development so he now has a chance to publically clear his name

Bangkok Post 30-06-08

Prosecutions can proceed

The Constitution Court ruled unanimously on Monday that the Assets Scrutiny Committee had proper authority to investigate and charge members of the Thaksin Shinawatra government for corruption and malfeasance.

The effect of the 9-0 decision is that corruption and other charges against Mr Thaksin and associates can legally proceed in the special Supreme Court criminal division for holders of political positions.

Ironically, the decision came on the day the ASC legally ceased to exist.

Unquote

Ref url http://www.bangkokpost.com/topstories/tops...s.php?id=128637

This could be posted on one of the other threads also.

Apologies in advance for duplication, but as this is related.

Good news indeed, along with all the other items coming to the fore

marshbags

Edited by marshbags
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Thai graft-busters get boost in Thaksin probe

BANGKOK (AFP-today) — Investigators won a legal battle Monday in their corruption probe of ousted Thai prime minister Thaksin Shinawatra, clearing the way for more cases against him to proceed.

The military junta that toppled Thaksin in 2006 created the Assets Examination Committee (AEC) to investigate a slate of corruption allegations against him.

But after a new constitution took effect last year, the Supreme Court questioned whether the AEC still had legal authority to keep working.

The issue was referred to the Constitutional Court, which ruled Monday that the investigators' work was still legal.

"The judges have reached a unanimous :o decision that the... Assets Examination Committee does not violate the constitution," a court official said.

The ruling clears the way for other courts to proceed with corruption cases against Thaksin, with the first trial to begin in July on charges he arranged for his wife to buy government property at a fraction of the appraised value.

The AEC's mandate expires Monday, after one year and nine months of work. So far, they have not won any convictions, and only four the 14 major cases under investigation have actually been filed with the courts.

Most of the remaining cases are now being considered by prosecutors, who will decide whether to bring them to court.

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Hearings begin in July on alleged wrongs of ousted government

BANGKOK, June 30 (TNA) - In major cases filed by Thailand's graft-busting agency Assets Examination Committee (AEC) against ousted prime minister Thaksin Shinawatra and his government, hearings are expected to begin in July, AEC spokesman Sak Korsangruang said on Monday.

Speaking to journalists as the AEC tenure was officially ending Monday, Mr. Sak said the unanimous decision of the Constitution Court made earlier in the day that the establishment of the AEC as well as its extended term, were lawful and showed that the legal procedures charged by the AEC could now proceed in court.

He said significant charges including alleged tax evasion in share transfers in Shin Corp, a telecom company previously owned by Thaksin's family, and the two- and three-digit lottery scheme launched by the ousted administration are expected to begin hearings next month.

The case for alleged tax evasion was concluded and forwarded for consideration of the Office of the Attorney General (OAG), while the charge on the lottery scheme was passed to the Supreme Court's Criminal Division for Holders of Political Positions.

Mr. Sak said proudly that the AEC was successful in accomplishing investigations in 12 cases within the past 21 months. Of the total, five cases have been sent to the court while the remaining seven cases were dispatched to the OAG for its consideration.

He said cases probed by his agency and unable to be completed would be transferred to the Office of the National Counter Corruption Commission to proceed with investigations.

The last case the AEC finished was the low-cost housing project, said the anti-graft body spokesman.

Over the course of its 21 months, the AEC was charged with a dozen lawsuits, seeking compensation of over 100 billion baht.

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Judges to probe Burma loan

Nine judges were yesterday elected to sit on a panel to consider whether to admit a case related to the Export-Import Bank of Thailand's Four Billion Baht loan to Burma. Supreme Court President Wirat Limwichai called a meeting of Supreme Court judges yesterday to elect 9 judges to sit on the panel. On the panel are two Deputy Supreme Court Presidents, five Chiefs of Supreme Court sections and two senior Supreme Court judges. The panel will rule on July 30 whether the court will accept the lawsuit filed by the now-defunct ASC against former PM Thaksin Shinawatra for alleged conflict of interest and abuse of authority. In the lawsuit, the ASC accused Thaksin of approving the Export-Import Bank's loan to the Burmese government to improve telecoms infrastructure in that country, which would have eventually benefited Thaksin's telecoms business.

Continued here:

http://www.bangkokpost.com/040708_News/04Jul2008_news99.php

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Taking the bull by the horns.... good to see that...

NCCC to sue Thaksin by itself with no OAG indictment

The National Counter Corruption Commission will appoint its own lawyers to bring two more corruption cases against former prime minister Thaksin Shinawatra and his Cabinet members to court if it cannot persuade the Office of the Attorney General (OAG) to indict the suspects, a source said yesterday.

The cases involve alleged corruption in the Thaksin government's controversial purchase of CTX bomb detectors for Suvarnabhumi Airport and the seizure of 76 Billion Baht of the Thaksin's family's assets due to allegations that he became unusually wealthy while in office.

The NCCC and representatives of the OAG will meet on Wednesday to appoint a joint panel to examine the CTX investigation files, which were handed over to the anti-graft agency by the Assets Examination Committee when its term ended on June 30.

The OAG had earlier sent the two cases back to the AEC on grounds that the related investigation files were incomplete.

In the CTX case, the OAG believed the value of the damages involved was 4.3 Billion Baht, but AEC put it at 6.9 Billion Baht. The OAG also pointed out that there was no complaint from a damaged party, the source said.

The OAG also indicated that the CTX case lacked grounds even though the AEC cited evidence to show that InVision, the manufacturer, was fined US$500,000 by the US Justice Ministry for possible improper payments related to foreign sales.

*INDEED. They aren't going to do that without just cause.*

The OAG also pointed out that the 76 Billion Baht asset-seizure case was incomplete because the AEC had not shown how the asset increase was unusual or illegal, and did not indicate the whereabouts of an additional 9.8 Billion Baht frozen by the AEC.

- The Nation

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

What's missing from the story is the Attorney-General himself is included in the CTX scanner case as a DEFENDANT. That just might explain the foot-dragging and derailing... just a smidgen...

http://www.thaivisa.com/forum/index.php?s=...t&p=2070799

Edited by sriracha john
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What's missing from the story is the Attorney-General himself is included in the CTX scanner case as a DEFENDANT. That just might explain the foot-dragging and derailing... just a smidgen...

The Attorney General is NOT included in the case.

That's because cases involving the Attorney General are seperate, and HAVE to be lodged directly with the Supreme Court , (without going through the OAG) for immediate action. The AEC had the power to lodge the case against the Attorney General at any time (After he took Office) upto the date their mandate finished (30th June) yet they chose not to. The same rules apply with the Prime Minister....

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What's missing from the story is the Attorney-General himself is included in the CTX scanner case as a DEFENDANT. That just might explain the foot-dragging and derailing... just a smidgen...

The Attorney General is NOT included in the case.

That's because cases involving the Attorney General are seperate, and HAVE to be lodged directly with the Supreme Court , (without going through the OAG) for immediate action. The AEC had the power to lodge the case against the Attorney General at any time (After he took Office) upto the date their mandate finished (30th June) yet they chose not to. The same rules apply with the Prime Minister....

From the linked article... while the Attorney-General is not in the same group of defendants as the politicians, he IS a defendant in the CTX scanner case, yes?

AEC Spokesman Sak Korsaengruang said the defendants of the case are categorized into three groups.

The first group is politicians, including exiled Prime Minister Thaksin Shinawatra, former Transport Minister Suriya Jungrungreangkit, and current Deputy Prime Minister and Education Minister Somchai Wongsawat.

The second group includes officers of the New Bangkok International Airport Company, including the Attorney-General Chaikasem Nitisiri, who is a former board member of the firm.

The last group includes individuals who are accused in the bomb scanner purchase, including Managing Director of Patriot Business Consultant Company Worapoj Yasadatt, who was the broker of the deal.

As he is a defendant in the same case as others, that he hasn't completely recused himself from any involvement in their cases, or indeed, more appropriately, stepped down entirely from his position in the interest of transparency and credibility, is astounding.

Edited by sriracha john
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Like I said, Cases involving the Attorney General are filed seperately with the relevent court for immediate action, the court is not even allowed to review the case to see if it has merit. This is intended that there can be no political interference.

The AEC had the power to take the individual to court for many months, yet chose not to....

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The CTX case has always been a very strange case. It has been in the news for years ever since the Democrats deputy leader Alongkorn Pollabutr brought it up back in 2005.

A few days after the coup, there was an announcement that charges would be filed within days... After that it has been brought up on a monthly basis, always with headline that charges would be filed within a week or so...

From what I have read about it ,the story was that when GE wanted to purchase Infusion, they carried out a full audit of the companies books and found some irregular payments, there was definate evidence of bribes in sales to China and the Philippines and there was some suspicion on dealings with Thailand and Indonessia. As the payments in China and the Philipines were almost certain, GE had by law to pass the information onto the relevent authorities.

In order to get the sale of Infusion to go through GE ended up paying what was at the time (and possibly still is) the largest settlement of a $800,000 fine to the U.S. government for violating the Foreign Corrupt Practices Act.

What we are now led to believe is that, After paying this massive fine; After lobbying the American Embassy here in Thailand to help; After writing open letters to the Thai public; After scrapping the original deal and agreeing to sell the CTX system directly to Thailand without going through an agent. There was still corruption in the deal...

Either we haven't been told all the facts (more than likely) or General Electric (GE) is the stupidest company that ever existed

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Given the complexity of the case, the thousands of documents involved with most of them requiring translation, I can understand that that may all take time to complete. It's certainly not a case to be taken lightly, given the ramifications, and quickly ram-rodded through in a slip-shod fashion.

With the closure of the AEC, I presume the NCCC has specifically taken the Attorney-General's case now? We can all hope that they are vigorously pursuing the case.

Still, given the scenario mentioned in my previous post above, why he hasn't stepped down to at least give the appearance of impartiality on the part of his Office regarding all the other defendants in the same case, is beyond me... but, TIT.

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NCCC may file Thaksin cases itself

The NCCC may file corruption cases against former PM Thaksin and his government officials by itself. The commission is prepared to act if the Office of the Attorney-General continues to reject the investigation reports of the ASC. The NCCC has taken over the corruption cases involving the Thaksin government from the ASC, which completed its term at the end of last month. The NCCC and the OAG will form a joint committee to discuss the ASC's investigations, which the OAG claims are incomplete. "The joint committee will discuss the alleged incomplete cases and examine opinions from both sides. If they cannot reach an agreement, the NCCC will file the action by itself, as the ASC did in many cases," a source at the NCCC said.

Continued here:

http://www.bangkokpost.net/070708_News/07Jul2008_news11.php

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Either we haven't been told all the facts (more than likely) or General Electric (GE) is the stupidest company that ever existed

GE sell nuclear systems and power plants which are also known as mega graft projects here.

If they weren't paying bribes, they would not get work in most of the developing countries; to think or even imagine their hands are clean at any point in this is pretty naive.

One of my mates in NZ went head to head with GE in NZ; not pretty for him; they were certainly not ethnical in the way they dealt with him (he ended up being made bankrupt, sadly for GE he is a lawyer, and has spent about 6 years in court and will eventually get a few million back after losing his wife, his child, his business, etc) - I doubt they are fine upstanding citizens here either!

It will just a selling to an agent who onsells.

That's the usual way.

And GE turns a blind eye.

But they know.

Alledgely.

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Either we haven't been told all the facts (more than likely) or General Electric (GE) is the stupidest company that ever existed

GE sell nuclear systems and power plants which are also known as mega graft projects here.

If they weren't paying bribes, they would not get work in most of the developing countries; to think or even imagine their hands are clean at any point in this is pretty naive.

One of my mates in NZ went head to head with GE in NZ; not pretty for him; they were certainly not ethnical in the way they dealt with him (he ended up being made bankrupt, sadly for GE he is a lawyer, and has spent about 6 years in court and will eventually get a few million back after losing his wife, his child, his business, etc) - I doubt they are fine upstanding citizens here either!

It will just a selling to an agent who onsells.

That's the usual way.

And GE turns a blind eye.

But they know.

Alledgely.

While what you say may well be correct most of the time, in this case the company in question was not a GE company at the time the contract was signed. It was acquired by GE after the fact and they then uncovered the potential graft and reported it.

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Either we haven't been told all the facts (more than likely) or General Electric (GE) is the stupidest company that ever existed

GE sell nuclear systems and power plants which are also known as mega graft projects here.

If they weren't paying bribes, they would not get work in most of the developing countries; to think or even imagine their hands are clean at any point in this is pretty naive.

One of my mates in NZ went head to head with GE in NZ; not pretty for him; they were certainly not ethnical in the way they dealt with him (he ended up being made bankrupt, sadly for GE he is a lawyer, and has spent about 6 years in court and will eventually get a few million back after losing his wife, his child, his business, etc) - I doubt they are fine upstanding citizens here either!

It will just a selling to an agent who onsells.

That's the usual way.

And GE turns a blind eye.

But they know.

Alledgely.

While what you say may well be correct most of the time, in this case the company in question was not a GE company at the time the contract was signed. It was acquired by GE after the fact and they then uncovered the potential graft and reported it.

double post deleted.

Edited by Old Man River
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Either we haven't been told all the facts (more than likely) or General Electric (GE) is the stupidest company that ever existed

GE sell nuclear systems and power plants which are also known as mega graft projects here.

If they weren't paying bribes, they would not get work in most of the developing countries; to think or even imagine their hands are clean at any point in this is pretty naive.

One of my mates in NZ went head to head with GE in NZ; not pretty for him; they were certainly not ethnical in the way they dealt with him (he ended up being made bankrupt, sadly for GE he is a lawyer, and has spent about 6 years in court and will eventually get a few million back after losing his wife, his child, his business, etc) - I doubt they are fine upstanding citizens here either!

It will just a selling to an agent who onsells.

That's the usual way.

And GE turns a blind eye.

But they know.

Alledgely.

While what you say may well be correct most of the time, in this case the company in question was not a GE company at the time the contract was signed. It was acquired by GE after the fact and they then uncovered the potential graft and reported it.

Further to the message above, below is a link to the SEC's filing against InVision on Feb. 14, 2005. The filing shows that the period in question as it relates to Thailand was from Jan. 2003 to April 2004. GE picked up on the potential for corruption on this contract during their due diligence prior to their purchase of the company in Dec. 2004.

Note, potential corruption doesn't mean corruption actually took place. That is for the courts to decide.

http://www.sec.gov/litigation/admin/34-51199.htm

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How can the Thai people ever get rid of corruption and bribes?

How can the Thai people ever live in their world, free of corruption?

How can the mindset be changed?

Please follow the King and what he does to help the poor and uneducated.

Thailand can be a so much beter place for everyone as long we not have those greedy politicianns.

Thai People, Please get rid of those people that only think of themselve.

Your country could look and be so much better.

Please take out those thugs that are destroing your country.

THE TIME IS NOW!

Alex

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Your country could look and be so much better.

Please take out those thugs that are destroing your country.

Isaan and the north east don't really believe that!!

Also....the guys on the other side of the house are only marginally better!

but anyway, agree with the sentiment

'Bring back buck'

as we used to say in the late 80s.

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http://www.independent.co.uk/sport/football/news-and-comment/new-blow-in-thaksins-bid-to-recover-his-frozen-assets-862823.html

Quote

New blow in Thaksin's bid to recover his frozen assets

By Ian Herbert - Wednesday, 9 July 2008

His aspirations for Manchester City are as grandiose as ever but Thaksin Shinawatra's hopes of getting his hands on £800m of frozen assets in Thailand were dealt a significant blow yesterday when, just as the former Prime Minister went on trial on fraud charges in Bangkok, a leading member of the party loyal to him was found guilty of electoral fraud.

Thaksin's trial could result in him and his wife, Pojaman, being jailed for up to 13 years. The build-up has been less than encouraging. Three of his lawyers were jailed last month over claims that they tried to bribe the judge by handing him cash in a cake box.

But the opening of the case, which the Thaksins were not in court to hear, was overshadowed by the decision of the Supreme Court that former House Speaker Yongyuth Tiyapairat, of the People Power Party (PPP) loyal to Thaksin, was guilty of vote-buying in the northern province of Chiang Rai before last December's election. The PPP's success in that ballot saw a number of military and legal personnel who had supported the coup which removed Thaksin sidelined. Thaksin then returned from exile – bringing City players Kaspar Schmeichel and Kelvin Etuhu with him on his private jet – to win back his money and face charges. City have made no secret of the importance of him securing the assets.

Yesterday's ruling places more pressure on the PPP-led six-party governing coalition currently facing street protests over accusations that it is too close to Thaksin and it may persuade the country's Election Commission that the entire PPP should be disbanded and new elections held. That would appear to leave Thaksin's struggle for his cash as far away from resolution as ever.

The Supreme Court ruled that Yongyuth – a former adviser to Thaksin – should be banned from politics for five years. The legal process that leads to party dissolution can take months so it will be another anxious wait for Thaksin.

Meanwhile, the ex-PM's own future liberty is by no means guaranteed as the two-month trial begins which will examine whether the telecoms tycoon illegally arranged for his wife to buy a prime chunk of Bangkok land for just one third of its value. The corruption case is one of many being brought against Thaksin and his allies, and it threatens to bog down a new Government – led by Thaksin loyalists – already facing mass protests in the streets.

Thaksin's lawyer Anek Khamchum voiced confidence that the evidence would be "enough to prove in the court that Thaksin and his wife are not guilty". Thaksin and his wife insist that the charges against them are politically motivated. But the courts have already been unexpectedly resilient in bringing the case. The government has tried to weaken it by arguing that the military-backed bodies which investigated Thaksin had no legitimacy. The courts have ignored that, and have even intervened to reverse other government decisions. Some observers in Thailand perceive this as a judicial revolution – in which the courts are quietly being asked by the traditional elite to act as checks on the power of elected governments.

The court heard yesterday that the 772m baht (£11.6m) Pojaman Thaksin paid the Financial Institutions Development Fund for 5.5 hectares of prime land in central Bangkok represented only a third of the land's true market value. Banharn Silapa-archa, a political ally of Thaksin, told the court the former Prime Minister could have had little influence on the process of buying land. But Chuan Leekpai of the opposition Democrat party said Thaksin had been able to exert influence.

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http://www.smh.com.au/news/world/thaksin-c...5282835522.html

Quote

Thaksin and wife face 13 years in jail

picture1te0.png

July 9, 2008

BANGKOK: Nearly two years after he was deposed by a military coup, the former Thai prime minister Thaksin Shinawatra went on trial yesterday on corruption charges. When royalist generals toppled his government in September 2006, they accused Thaksin of widespread corruption, but the case before the Supreme Court is less sweeping.

Thaksin is accused of using his political influence to help his wife, Pojaman, buy prime Bangkok real estate from the central bank at one-third of its estimated value. If convicted, each faces 13 years in prison, with no avenue of appeal.

"We are confident that our evidence will be enough to prove in the court that Thaksin and his wife are not guilty," their lawyer, Anek Khamchum, said.

Thaksin and Pojaman did not attend the hearing, but two other former premiers, Chuan Leekpai and Banharn Silpa-Archa, testified.

The case centres on whether Thaksin as prime minister had direct control over the central bank's Financial Institutions Development Fund, which sold the land to Pojaman. Mr Banharn, now a key coalition partner in the present pro-Thaksin government, said the prime minster had little influence over the agency, while Mr Chuan, of the rival Democrat Party, said Thaksin could influence the agency by pressuring the Finance Ministry.

The trial is expected to last two months. The courts will also tackle a series of other cases against Thaksin's wife and several of his loyalists.

The legal drama unfolds amid protests echoing the instability in the run-up to the coup.

Thaksin's handpicked successor, Samak Sundaravej, led his supporters to victory in elections held in December, ending more than a year of military rule. But five months into his Government, the Prime Minister faces protests led by the same royalist activists who targeted Thaksin before the putsch.

Agence France-Presse

Unquote

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NCCC-OAG panel set to tackle 8 cases

The National Counter Corruption Commission (NCCC) will form a joint committee with the Office of the Attorney-General (OAG) to complete a detailed report on eight cases of alleged corruption, mostly concerning the Thaksin Shinawatra administration, so that they can be submitted to the courts.

The decision came after the now-defunct Assets Examination Committee was told by the OAG that some of the paperwork on the cases was incomplete.

Klanarong Chathik, an NCCC member and spokesman, said seven of the cases in question were: the purchase of CTX bomb-detectors; the tax adjustment of telecommunication concessions that may have unfairly benefited Thaksin's former telecom empire; the construction of the Airport Rail Link; the Ua Athorn housing scheme; the purchase of food

and agricultural testing equipment; the revision of state contracts with Advanced Info Service, formerly owned by Thaksin; and the purchase of Manchester City Football Club by the ex-premier.

The only case not related to Thaksin is the Bangkok Metropolitan Administration's order for fire trucks. *and that one involves Thaksin's nominee proxy Samak*

Various members of the NCCC have been assigned to the committee, including Klanarong.

- The Nation

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  • 2 weeks later...

Yet another Thaksin relic gets dusted off by the new government and has more money than ever thrown at it...

Chiang Mai hall plan heading for cabinet

2.3 Billion Baht project to be considered next week

The long-delayed proposal to construct a 2.3 Billion-Baht convention hall in Chiang Mai will be sent to the cabinet for approval next week. Construction would be financed through the 2009 fiscal budget and tied-over funds into fiscal 2010, according to Sasithara Pichaichannarong, the Permanent Secretary of the Tourism and Sports Ministry. She said the budget had been increased from 1.9 Billion Baht proposed earlier to reflect higher construction costs. The project, initiated by former PM Thaksin, would be located on a 400-rai site in Muang district. Construction is scheduled to take two years. Hotel occupancy in Chiang Mai has averaged less than 50% for the past three years due to an oversupply.

Continued here:

http://www.bangkokpost.com/180708_Business...l2008_biz46.php

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