10 Criminal cases now possible

[Flashermac]

THE NATION

27 Feb 2010

 

 

Thaksin could face suits from agencies

 

 

Ousted prime minister Thaksin Shinawatra yesterday was found guilty of hiding his assets and abusing his power while in office.

 

The Supreme Court's verdict could lead to at least 10 separate criminal cases in connection with the landmark Bt76 billion assets-seizure case.

 

First, the revenue-sharing percentage of a prepaid-mobile concession agreement between Advanced Info Service (AIS) and state-owned TOT was reduced from 25 per cent to 20 per cent.

 

This resulted in TOT losing Bt70.2 billion in revenue, including an estimated loss of Bt14.2 billion from 2001-06 and another estimated loss of Bt56 billion from 2006-15.

 

This could prompt TOT to file a separate lawsuit seeking compensation for the damage caused by the concession amendment.

 

Second, there was a failure to enforce a satellite concession contract between Shin Satellite (ShinSat) and the Transport Ministry, resulting in public damage of Bt20 billion.

 

ShinSat, a unit of Shin Corp and since renamed Thaicom, was supposed to invest in Thaicom 4, a back-up satellite costing Bt4 billion, under its contract with the government.

 

However, the contract was changed to allow ShinSat to switch to launch the commercially oriented iPSTAR satellite instead of Thaicom 4.

 

In addition, the concession contract was amended to reduce Shin Corp's investment burden in ShinSat from 51 per cent to 40 per cent.

 

Third, the state-owned Export-Import Bank of Thailand (Exim Bank) was persuaded to extend a Bt4-billion loan to the Burmese government to buy satellite services and equipment from ShinSat. This later caused the Finance Ministry to set aside Bt670 million as an interest subsidy covering the 12-year loan contract.

 

This could lead to a separate lawsuit by Exim Bank or the Finance Ministry seeking compensation.

 

Meanwhile, there could be four potential perjury cases related to official asset declarations of public office holders and their spouses.

 

Records of the National Anti-Corruption Commission (NACC) show the asset declarations of Thaksin and his then-wife Pojaman na Pombejra back in 2001 were Bt569 million and Bt9.96 billion, respectively.

 

However, Pojaman, in her recent closing statement in the Bt76-billion assets-seizure case, told the Supreme Court that Bt34 billion of the Bt76 billion belonged to her even though she had reported her assets amounted to only Bt9.96 billion in February 2001, when Thaksin first assumed the premiership.

 

Besides the 2001 declaration, Pojaman reported to the NACC in 2005 that her assets had dropped to Bt8.91 billion and those of Thaksin to Bt506 million.

 

In the 2005 NACC filing, Panthongtae and Pinthongta, Thaksin's son and daughter, who had not yet come of age, reported combined assets of Bt3.26 billion.

 

In 2006, Thaksin declared his assets to be Bt557 million, while Pojaman's wealth was reported as Bt8.84 billion. Panthongtae and Pinthongta, who had come of age, were no longer required by law to declare their assets.

 

In this context, Pojaman had argued the Bt34 billion was owned by her before Thaksin assumed the premiership in 2001 and later transferred to Panthongtae and to her step-brother, Bhanapot Damapong.

 

As a result, the entire amount could not be included in the Bt76-billion assets-seizure case.

 

In addition to these potential perjury cases, another two cases are pending in court:

 

First, Thaksin was charged with abusing his power while in office by converting the AIS mobile-phone concession fee into an excise tax, thus weakening state-owned TOT, which was supposed to receive the concession fee.

 

Second, the fugitive ex-premier was charged with abusing his office by influencing state-owned Exim Bank to lend the Bt4 billion to the Burmese government to buy ShinSat satellite services and equipment.

 

In addition, Pojaman has been charged with evading taxes involving the transfer of Shin Corp shares. That case is now pending in the Appeal Court.

 

 

 

[Flashermac]

THE NATION

27 Feb 2010

 

 

Thaksin has loftier goal: Udom

 

 

Udom Fuangfung, a former member of the Assets Examination Committee, said he accepted the Supreme Court's verdict, even though it confiscated only 60 per cent of the assets of Thaksin Shinawatra and his family, rather than all as proposed by his panel.

 

The ruling could not bring peace to the country, as Thaksin had loftier goals than merely getting his money back, he said.

 

"He does not simply want the money back, but seeks a return to the prime minister's position. Thai people therefore have to be careful and should not be used by their politicians," Udom told reporters after the verdict.

 

Academic Sombat Thamrongthanyawong, rector of the National Institute of Development Administration, said pro-Thaksin protesters should respect the verdict.

 

"But I believe they will not stop, as Thaksin has announced he will fight all out against the powers that be. He will manipulate the red-shirt group to create chaos for political change," he said.

 

Thaksin might want an early election, as he is confident his Pheu Thai Party would win and then find a way to grant him amnesty, he added.

 

"That could happen, and it would make the situation much more difficult as the rival yellow shirts would come out to fight against the pro-Thaksin government again," Sombat said.

 

Witthayakorn Chiangkul from Rangsit University said he expected Thaksin's supporters to continue their fight, but he hoped the Red Shirts and the majority of the population would understand the court verdict.

 

The government should explain to the public that the confiscation of the assets is a legal consequence of abuse of power, he said.

 

Komsan Phokong from Sukhothaithammathirat University said the political fighting was unlikely to end following the verdict, as Thaksin's supporters remained in large numbers.

 

Some of the Red Shirts might accept the verdict, but the majority might not and would intensify their fight, he said.

 

"Money is a key factor for their struggle, since the leaders of the red-shirt movement rely on financial support from Thaksin," he added.

 

 

 

[Julian2]

I thought Thaksin's money had been tied up since the military coup?

[Wallenda]

I thought Thaksin's money had been tied up since the military coup?

 

Only the money he has in Thailand got tied up. Presume he has plenty more elsewhere too. Like I doubt he's using his Exim Bank ATM card in Dubai.

 

Well, maybe yesterday he was, but he definitely isn't today.

 

[Flashermac]

He had enough to buy and sell Manchester City FC.

 

[simie]

Flash, I can't remember the details now but shortly before Thaksin was turfed out of the UK HMRC (Her Majestys Revenue and Customs) seized several billion dollars of Thaksins money he was trying to bring into the UK through nominee companies from Dubai if I remember correctly? This all seems to have gone a bit quiet but as far as I'm aware HMRC still have the money?

Simie.

[Flashermac]

I think they tied up around US$4.2 billion! He was using phony names or something.