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Court sentences Pojaman to three years in jail!


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THE NATION

31 July 2008

 

Court said Pojaman should have served as society's good example

 

 

The Criminal Court on Thursday found the wife of ousted prime minister Thaksin Shinawatra guilty of intentionally avoiding tax payment of Bt546 million for the transfer of 4.5 million shares of the Shinawatra Computer and Communications' shares worth Bt738 million.

 

Found guilty in the same charges were her adopted brother, Bannaphot Damapong, and her secretary Pennapa Honghern.

 

The Court sentenced Khunying Pojaman and Bannaphot to a total of three years in jail: two years for the charges relating to the conspiracy to evade tax and one year for giving falsified statements. Pennapa faces two years in jail.

 

The Court said the three defendants had committed serious crimes and filed false statements with the government agencies in order to avoid paying taxes. They intended not to pay taxes despite being rich people.

 

The court ruled the prosecution's evidence was solid and indisputable. The three accused were found guilty of fraud or collaboration to evade paying taxes.

 

In addition, Pojaman and Bannapot were found guilty of filing false claims and presenting false evidence to the authorities with intention to avoid paying taxes.

 

The court reprimanded Pojaman in particular, saying that with her high economic, social and political status - especially her status as wife of the then county leader - she should have acted as good example to society.

 

The Criminal Court ruled out every defence argument on the tax evasion case as insubstantial in rebutting the prosecution evidence.

 

The court said the prosecution had proven beyond reasonable doubt that the defendants committed a conspiracy to evade tax. The ruling said Pojaman and Bhanapot made the shares transfer in the stock market in order to avoid tax liabilities even though there was no real transaction.

 

Bhanapot admits Pojaman gave shares to him and the court finds this is not a family gift.

 

The ruling addressed a key legal issue of whether the three defendants intentionally gave falsified statements to the authorities in order to avoid tax liabilities.

 

The charges were if the action, which took place in November 1997, came under the criminal codes of Article 37 (1) (2) of the Revenue Code. Violation of this law is punishable with a fine of between Bt2,000 and Bt200,000 and a jail sentence of between three months and seven years. A multiple violation of this law will result in a jail sentence of not more than 20 years.

 

The Office of the Attorney General filed the suit on March 26 last year, summoning more than 30 prosecution witnesses to testify including Sak Korsaengruang, spokesman of the nowdefunct Assets Examination Committee who chaired the AEC panel that probed the accusation of tax evasion, and former Finance Ministry permanent secretary and former directorgeneral of the Revenue Department Suparat Kawutkul.

 

The three defendants denied the charges and almost 20 defence witnesses testified in the case.

 

 

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[color:red]LIVE UPDATE[/color]

Court found Pojaman guilty of tax evasion

By The Nation online

 

 

10.45am : Pojaman and her family leave the court house. Former premier Thaksin and his children looked serious while his wife smiles.

 

10.47am : The Criminal Court on Thursday found Khunying Pojaman Shinawatra guilty of intentionally avoiding a tax payment of Bt546 million for the transfer of 4.5 million shares of the Shinawatra Computer and Communications' shares worth Bt738 million.

 

Also found guilty in the historic trial are Pojaman's adopted brother Bannaphot Damapong and her personal secretary Kanchana Honghern.

 

The court sentenced Pojaman and Bannaphot each to 3 years in jai.

 

10.20am : The court judges are still reading the verdict. All Shnawatra family appear to look tense.

 

10 am: The court is still reading the historic verdict. Thaksin and his children look extremely tense and worried.

 

9.10am : Criminal Court judges start reading the verdict.

 

8.40am : Khunying Pojaman Shinawatra arrives at the Criminal Court. She is accompanied by her husband; former prime minister Thaksin, and her children.

 

They are greeted by cheering crowds.

 

8.30am : Separate groups of people arrive at the Criminal Court as the Court is scheduled to start delivering verdict on 9.30am.

 

Some 200 police are on duty to provide security. Those who wanted to enter the court house have to pass metal detectors.

 

 

 

 

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