Summary of Court Verdicts and Corruption Charges – Fall of Thaksin Options

[sleepless]

This topic is to summarize court verdicts and corruption charges against Thaksin for easy reference.

Thanks to a member of Serithai Forum, we have a good collection of what Thug has done.

Please feel free to visit http://pad.vfly.net for more information.

[sleepless]

The Thai Constitution Court declared "Invalid Election Results"

The People’s Alliance for Democracy (PAD) petitioned the Administrative Court to suspend the results of the election and accused the Election Commission of violating voter privacy. The EC repositioned voting booths so that voters’ backs were to the public, whereas in previous elections, voters faced the public, with a board one-half meter tall at the front of the booth separating the voter from the public. The EC claimed the new arrangement was designed to prevent various forms of poll fraud including the use of cameras by voters to take photographs of their ballots. After the 2005 election, cameras and cameraphones had been banned from voting stations due to fears that canvassers would demand ballot photographs in return for money. However, the PAD claimed that this allowed onlookers to peek over voters’ shoulders and see who they voted for.

The elections were finally declared invalid by Thailand’s Constitutional Court, which found that the positioning of the voting booths violated voter privacy. The Constitutional Court later pressured the Election Commission to resign for its management of the April elections. The Court was unsuccessful in pressuring the EC head to resign.

[sleepless]

The Election Commissioners illegally assisted the TRT Party

In an historic judgment the Criminal Court of Thailand held yesterday (July 25, 2006) that the Election Commission was guilty of malfeasance and illegal assistance to the Thai Rak Thai Party in the April 2 Election and Repeat Vote. The Court sentenced the three members of the Commission to four years in gaol, revoked their voting rights for ten years and denied them bail before sending them to remand prison. The Court of Appeal confirmed the Criminal Court’s decision on the denial of bail. The Court ruled that the commissioners had failed to protect the election rights of the plaintiff and to ensure that the elections were free and fair. The Court further held that Section 24 and 42 of the 1998 Organic Law regarding the Election Commission (EC) and Section 83 of the Penal Code had been violated. The Court held in favour of the plaintiff who stated that the Election Commissioners had unlawfully allowed candidates to switch constituencies, change application dates and use old identity numbers for the benefit of the Thai Rak Thai Party, which is the party headed by the Prime Minister, Thaksin Shinawatra.

The Court also found that the three commissioners had no legal authority to register additional candidates for the Repeat Vote and that the actions of the three commissioners were meant to assist the Thai Rak Thai Party.

The Court also said that:
“The three commissioners are senior figures who should know that their office is vital for the development of democratic rule. the three have stubbornly pursued their way even after the people and political parties lost trust in them.”
In order to prevent further damage being caused by the three commissioners in continuing to hold office all three were refused bail.

[sleepless]

The Coup on 19 September 2008

Thaksin and his acting government were overthrown in the bloodless coup on 19 September 2006 while he was in New York for a meeting of the United Nations General Assembly. The coup was very delighting. Many Thai people came out on streets to give coup soldiers flowers and food. Some including foreign tourists took photos with a tank. This was when Thaksin’s power and authority was physically and officially collapsed.

Since the previous Constitution was disbanded by the coup, the Constitutional Court was replaced with Constitutional Tribunal with the same jurisdiction where 9 members were appointed from the judiciary. The coup also appointed the Assets Examination Committee to investigate corruption cases of Thaksin and his government.

Later on May 2007, Thaksin’s party was dissolved for violation of the Constitution

On 30 May 2007, The Constitutional Tribunal, appointed by the military council after the coup to overthrow the Thaksin’s administration on 19 September 2006, decided to dissolve Thai Rak Thai party and banned Thaksin Shinawattra, and 110 other top officials in the party from politics for 5 years.

“It is found on factual basis that the Thai Rak Thai Party had hired the Pattana Chart Thai Party and Pandin Thai Party…..”

“The action of the Thai Rak Thai Party is the action which sought to acquire administrative power over the country through means not in accordance with the Constitution as well as constituting threats to national security or good public order and moral under Section 66(3). It did not uphold the key principle of democratic form of government and did not respect the law of the country. It could not maintain the form of political party that created or sustained political legitimacy to the democratic form of government of the country as a whole. Therefore, there is a reasonable cause for the dissolution of the Thai Rak Thai Party.”

[sleepless]

Thailand jails Thaksin lawyers in "snack box" case

Thailand’s Supreme Court jailed a lawyer and two legal advisers of ousted Prime Minister Thaksin Shinawatra on Wednesday after an apparent attempt to bribe court officials with US$ 60,000 (2 million baht) hidden in a paper grocery bag.

Pichit Chuenban and two associates representing Thaksin and his wife in a pending land-deal case were responsible for the 2 million baht left in the bag at the Supreme Court compound earlier this month, the court ruled.

The bag was found on the day that Thaksin, ousted in a coup in 2006, and his wife were due to appear on charges of violating graft laws that prevent serving politicians and their spouses from striking deals with state agencies.

The three lawyers denied the charge of misbehaviour in a court, but Judge Mongkol Tabthieng was unimpressed.

“The action of the three accused was a blatant offence committed in the compound of the Supreme Court. Given the fact that they are in the legal profession, their joint action has tarnished the court’s image,” he said in his verdict.

Reuters

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[sleepless]

Here are the summary and updates of cases alleging by the Assets Examination Committee (AEC) and The National Counter Corruption Commission against Thaksin, his family members and his government.

[sleepless]

Case: Tax avoidance in transferring Shinawat Computer Inc. Communications involving Khun Ying Pojaman Shinawat –Bannaphot Damaphong Case number : 1149/2550 commenced 26 March 2007

Updates:
Thursday 31 July 2008

The Criminal Court found 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 brother Bannaphot Damapong and her personal secretary Kanchana Honghern. The court sentenced Pojaman and Bannaphot each to 3 years in jail.

The court also reprimanded her that her high position in society and politics meant she should have been a role model.

However, Pojamarn was given bail upon her appeal, for just 5 million baht.

[sleepless]

Case: The sale of land in the Rachadapisek district by the Financial Institutions Development Fund (FIDF) to KY. Pojaman Shinawat. Both Thaksin and Pojaman are defendants

Background:
Pojamran won the bid for the land deal, but the Assets Examination Committee (ASC) accused her and her husband of influencing the deal when Thaksin was a prime minister.

Updates:
Thursday 10 July 2008

The Thai Supreme Court accepted a lawsuit against Thaksin and Pojamarn alleging a conflict of interest and malfeasance in the 2003 purchase of plot of land covering in central Bangkok (Ratchadaphisek) from a government agency.

Monday 1 August 2008
The Thai Supreme Court ordered bail money seized and issued arrest warrants for Thaksin (15 years) and Pojamarn (10 years). The forfeited bail of nearly $400,000 was in addition to the 68.5 billion baht, or $2 billion, already frozen by the government, money that the family unsuccessfully sought access to in recent weeks.

Tuesday 29 July 2008
The Supreme Court granted Thaksin and Pojamarn permission to travel to Beijing on the stipulation that they returned to Thailand Monday to stand trial later this week but they never did.

11 August 2008
The Thai Supreme Court issued arrest warrants for Thaksin and Pojamarn

21 October 2008
The Supreme Court found former prime minister Thaksin Shinawatra guilty in the Ratchada land case. Thaksin was sentenced to 2 years in jail.

Status:
Thaksin: Found Guilty, Pojamarn: Not Guilty

[sleepless]

Case relating to AIS and its reduction of payments by treating networks separately for payment purposes to TOT. Loss of 18,970,579,711 baht during the term of the concession. This gain enabled rise in Shin Corp before its sale.

Background:
The lawsuit alleges that Thaksin violated the law by holding state concessions through his stock-ownership concealment in Shin Corp while he was prime minister. It also says that Thaksin gained unusual wealth in Shin Corp by having state agencies convert the telecom concessions to excise tax to benefit Shin Corp. TOT and CAT Telecom, who awarded the concessions to the subsidiaries of Shin, stood to lose 41.95 billion baht and 25.99 billion baht respectively from the conversion of the concessions.

Updates:
11 July 2008
Thailand’s Attorney General’s Office filed the charges in the Thai Supreme Court today over changes made in 2003 to a payments system for state-owned enterprises that pocketed the Thaksin’s family-owned Shin Corp’s AIS mobile telecom company.

Status:
Case Accepted

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Case regarding the 2/3 number lottery project by the The Government Lottery Office. 32 political office holders and 16 officials.


Background:
The Assets Examination Committee (ASC) accused the Thaksin’s cabinet of breaking the Government Lottery Office Act when launching a new lottery project in 2003, and also said that lawmakers from ruling parties were siphoning money from the lottery

Updates:
28 July 2008
The Thai Supreme Court accepted a lawsuit against Thaksin and his cabinet alleging abuse of power and malfeasance in a 2003 lottery scheme.

26 September 2008:
The Thai Supreme Court issued the arrest warrant and suspended the case against Thaksin.
Other 46 defendants (Thaksin’s cabinet) all denied the charges.

Status:
Trial Underway

This post has been edited by sleepless: Nov 22 2009, 02:03 AM

[sleepless]

Case involving Ministry of Agriculture and Cooperatives and rubber plantations project. Loss to the state of 1, 400 million baht Case involves 44 people including Newin Chidchop, former Deputy Minister of Agriculture. Various accused are being asked to pay compensation of 1,109 million baht.


Background:
The lawsuit was filed by the Assets Examination Committee (AEC) after the Office of the Attorney General (OAG) refused to indict the accused on the grounds that the evidence was incomplete.

Updates:
6 August 2008
The Thai Supreme Court accepted a lawsuit against 44 people in Thaksin’s cabinet including Newin Chidchob (former deputy agriculture minister) and Somkid Jatusripitak (former finance officer) alleged irregularities relating to the procurement of 90 million baht rubber saplings worth 1.4 billion baht during the previous Thaksin administration.

The court allowed the National Counter Corruption Commission to act on behalf of the AEC as plaintiff in the case.

23 September 2008
The trial opened with former key ministers of Thaksin administration attending the hearing including former deputy prime minister and finance minister Somkid Jatusripitak, former deputy finance minister Varathep Ratanakorn, former deputy minister of agriculture and cooperatives Newin Chidchob, former agriculture minister Sorra-at Klinprathum, and former commerce minister Adisai Photaramik.

Status:
Trial Underway

[sleepless]

Cases now handled by the National Counter Corruption Commission

- Projects regarding electrical cable laying at Suwannaphum airport involving former Minister of Transport Suriya Jungrungreangkit and a top official in the Ministry of Transport

- Case involving baggage systems and CTX 9000 scanners at S.Airport involving 26 politicians, civil servants, officials of state enterprises, juristic persons, and entrepreneurs. Loss to the state estimated at 6, 937 million baht.

- Case involving “loan irregularities loan irregularities extended to the Krisda Mahanakorn Group” by the Krung Thai group. The case involves Thaksin, his son Panthongtae and 31 (former) board members of Krung Thai Bank.

- Five cases that allege the former prime minister Thaksin used his position to benefit his own businesses, causing loss to state assets.

- Case on the order to convert mobile phone operator concessions to an excise tax, leading to a loss of the Telephone organization of Thailand of 30,667 million baht.

- Case regarding reducing revenue share paid to TST ทศท from prepaid mobile services from 25 to 20% leading to a state loss of 70, 872 million baht.

- Various breaks given by the Board of Investment for IPSTAR satellite projects within Thailand.

- Case regarding Treasury officials in tax negotiations regarding the sale of Shin Corp.

- Case alleging malfeasance in a special mode bidding for security services at Suvarnabhumi international airport against Thaksin Shinawattra

- Case alleging malfeasance in the graft in relation to duty-free shops at Suvarnabhumi international airport and provincial airports as well as a commercial development project at Suvarnabhumi airport terminals against Suriya Jungrungreangkit (former transport minister)

- Case alleging malfeasance in bidding for construction of four-lane roads financed by Japan Bank for International Cooperation against former Highway Department chief, Srisuk Chantharangsu

- Case regarding Sky Train Airport link with losses to the state of 1, 200 million baht.

- Three Cases regarding Ua Athon housing project that involves builders, officials (3.2.1/3.2.2/3.2.3 )
A case involving the Ministry of Agriculture and Cooperatives and its dealings with private companies worth 300 million baht.

- The case involving the Bangkok Metropolitan Authority’s purchase of fire trucks involving a loss to the state of 1, 900 million baht.

- The cause of unusual wealth in Thaksin’s purchase of Manchester City

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