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Thaksin faces new court strife

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  • #16
    Pheu Thai raps, Democrats like plan for trials in absentia

    Top party figures deny protest Thaksin-linked


    Leading Pheu Thai Party members on Tuesday joined forces to protest against the draft of an organic law on criminal procedures for holders of political positions, which could revive four suspended cases against fugitive former prime minister Thaksin Shinawatra.

    However, Democrat Party Leader Abhisit Vejjajiva said the law is acceptable and many countries in the European Union also allow the trial in absentia of defendants.

    "It is normal that the Pheu Thai Party would disagree with the law. But I insist that I do not see anything that goes against the principles of justice," Mr Abhisit said.

    Pheu Thai Party's senior members released a statement protesting the draft of the law.

    Flanked by senior party members, Chusak Sirinil said, "The law is against the core principle of international human rights, and the constitution, that everyone is equal and entitled to receive legal protection."

    Other Pheu Thai members, including Phumtham Wechayachai, Pokin Polakun, Pol Lt Gen Viroj Paoin, the party's caretaker leader, and Noppadon Pattama, also a legal adviser to Mr Thaksin, were also at the press conference.

    The National Legislative Assembly passed the draft organic law on criminal procedures for holders of political positions on July 13.

    First, the law says the statute of limitations will not expire while a fugitive suspect is on the run.

    Mr Chusak, however, said, "It is against the intent of the law that any given case should be forced to a trial within a specific period because in the next 30 or 50 years, it is not possible to recover credible evidence such as documents or witnesses to testify."

    Secondly, the draft said the Supreme Court's Criminal Division for Holders of Political Positions can order a trial to proceed in the absence of a defendant.

    Mr Chusak said, "It makes the court's truth-verification process one-sided without hearing from the defendant. It is against the principle of equality."

    Pheu Thai's executives said their move is not related to backing for Mr Thaksin.

    However, if the law is enacted, it could trigger the resumption of four suspended cases against Mr Thaksin. They are the alleged corruption in the four-billion-baht loan of EXIM Bank to Myanmar, the two and three-digit lottery scheme, the amendment of satellite and mobile phone concession contracts, Krung Thai Bank's loan scandal involving the Krisda Mahanakorn group. A 772-million-baht land case in Ratchadaphisek resulted in a conviction and a two-year jail sentence for Mr Thaksin.

    Mr Pokin said the law should be reviewed, adding the court could prevent suspects from fleeing the country by refusing bail or banning them from leaving. Or the government can ask for extradition from the countries Thailand has agreements with, he said.

    "We have to ask ourselves why they did not send the suspects back to Thailand," Mr Pokin said.

    Thirdly, the Pheu Thai Party disagreed with the law being retroactive as cases which have gone to court before its enactment will also be affected.

    which could revive four suspended cases against fugitive former prime minister Thaksin Shinawatra : http://www.bangkokpost.com/news/poli...ls-in-absentia
    Keep your friends close and your enemies closer

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    • #17
      Thaksin's Law
      http://thailandchatter.com/showthrea...ll=1#post45112

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      • #18
        Originally posted by Mid View Post
        Thaksin's Law
        They thought they'd have had him banged up by now, especially trying to reel him in using Yingluck, someone's head will,roll if they don't snare him soon

        Comment


        • #19
          Originally posted by MrBlobby View Post
          They thought they'd have had him banged up by now, especially trying to reel him in using Yingluck, someone's head will,roll if they don't snare him soon
          It's obvious that he, and his sister, is just being used as a political pawn to justify most anything.
          They really know that he and his following aren't much of a threat, yet they'll promote it as so.

          The odds of Thaksin's return, in any circumstance, is nothing short of a token - that is, unless something terribly dramatic and sudden occurs.

          Comment


          • #20
            Poll: Majority supports trial in absentia of politicians


            A majority of people agree with the bill on criminal procedures for holders of political positions, allowing the trial in absentia of politicians who are defendants in criminal cases, according to the result of an opinion survey by the National Insitute of Development Administration, or Nida Poll.

            The poll was carried out July 25-27 on 1,251 people, aged 18 and over, of various levels of education and occupations througout the country.

            The bill was passed by the National Legislative Assembly (NLA) earlier this month and is pending royal endorsement.

            A majority - 69.54% - agree with the bill's provision allowing the trial of politicians in criminal cases in absentia, reasoning that without the defendants' presence, the time granted by the statute of limitations in the cases may expire; 25.58% disagreed, believing that the accused should be given a chance to defend themselves; and the rest were uncertain or had no comment.

            Asked whether there should be a statute of limitations for cases involving political office holders, 48.44% said such cases should not have an expiry date to prevent defendants from fleeing the country and returning after the cases have expired; 47.96% said the statute of limitations should apply in politicians' cases, lilke in ordinary criminal cases, to ensure equality and to expedite the judicial process; and the rest were uncertain or had no comment.

            Asked whether the bill, if endorsed, should be enforced retroactively, a majority - 66.19% -agreed, saying that leaving a backlog of unsolved cases would damage the country; 26.78% disagreed, reasoning that retroactivity is against the core principle of the law; 2.72% said the matter should be considered case-by-case, depending on severity; and 4.31% were uncertain or had no comment.

            A majority of the respondents - 54.20% - believed the bill would help reduce corruption by holders of political positions to a certain extent; 24.70% said it would not be of much help; 13.59% said it would not be of any help because corruption is so deep-rooted in Thai society; and 7.51% were uncertain or had no comment.

            They have waived their rights: http://www.bangkokpost.com/news/poli...of-politicians
            Keep your friends close and your enemies closer

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            • #21
              Decision soon on Thaksin criminal cases

              http://www.nationmultimedia.com/deta...gnews/30330715
              Keep your friends close and your enemies closer

              Comment


              • #22
                love the thai style of kicking someone down,

                very courageous,

                the same cowards who would bow to him if he was still in power,

                Comment


                • #23
                  Decision on Thaksin's shelved cases to be announced


                  The Attorney-General's spokesman will hold a press conference Tuesday morning on the possibility of prosecuting former prime minister Thaksin Shinawatra in absentia in two cases.

                  The Office of the Attorney-General on Monday released a statement signed by Wanchart Santikunchorn, the spokesman, saying that his delegation would hold the press conference at the office in Bangkok at 10am Tuesday.

                  The move followed newly appointed Attorney-General Khemchai Chutiwong's decision to form a three-member committee to look into the possibility of the prosecution after a new law which allows prosecution against holders of political positions in absentia took effect on Sept 29.

                  The committee comprises deputy attorney-general Pornsak Srinarong as chairman, Wirul Chanthananant, executive director for special litigation, and senior attorney Winai Damrongmongkolkul as members.

                  The committee has reportedly considered the possibility since Oct 27.

                  The Office of the Attorney-General had filed two lawsuits against Thaksin -- one involving the Krungthai Bank loan scandal and the other mobile phone concession fees.

                  The two cases were shelved by the Supreme Court's Criminal Division for Holders of Political Positions after Thaksin fled the country in 2008.

                  After assuming office in October, attorney-general Khemchai said the new criminal procedure code on criminal cases for political position holders allowed the court to try such cases without the presence of the defendants.

                  Thaksin was the first defendant in the Krungthai lending case in which the state-owned bank was found to have inappropriately lent about 10 billion baht to subsidiaries of Krisdamahanakorn Plc in 2003-04 while he was prime minister. The property developer at the time was classified as a non-performing debtor of the bank, but it was alleged that KTB faced political pressure to extend the loans.

                  In 2015, the Supreme Court sentenced 16 people to jail terms ranging from 12 to18 years for malfeasance in connection with the case. They included three former KTB executives who got 18 years.

                  Thaksin also faces a charge of malfeasance for pushing legal amendments to allow telecom concessionaires to deduct excise taxes from their concession fees. Damage to the state enterprises that granted the concessions was estimated at tens of billions of baht.

                  The cases were shelved as Thaksin left the country in 2008 just before the court sentenced him to two years in prison in a separate conflict-of-interest case. It involved the purchase by his then-wife of state land in a prime location in Bangkok in 2003 while Thaksin was prime minister.

                  https://www.bangkokpost.com/news/pol...o-be-announced
                  Keep your friends close and your enemies closer

                  Comment


                  • #24
                    OAG asks court to resume trials of cases against Thaksin


                    The Office of the Attorney-General (OAG) asked the Supreme Court on Tuesday to resume the hearing of two criminal cases against former prime minister Thaksin Shinawatra under a new organic law that allows the trial of fugitive politicians in absentia.

                    OAG spokesman Wanchart Santikunchorn told a news briefing the two cases involve the Krungthai Bank loan scandal and the Thaksin government's conversion of mobile phone operators' concession fees into excise tax (which was said to have benefitted Thaksin's own company).

                    Mr Wanchart said that a panel of public prosecutors have concluded the OAG must proceed with the cases under the 2017 organic law governing trial procedures for political office holders.

                    The panel also recommended the attorney-general ask the Supreme Court to resume the trials of Thaksin in absentia.

                    The attorney-general acted on the recommendation and ordered prosecutors handling the cases to submit a petition to the court, asking it to resume the two trials, Mr Wanchart said.

                    It is up to the Supreme Court to decide whether to resume or not.

                    He said that the OAG took the case involving conversion of concession fees into excise tax to court in 2008 and the Krungthai Bank loan case in 2012.

                    The court accepted the cases for consideration, but both trials had to be suspended under the old law because Thaksin fled the country.

                    The court in August 2015 sentenced 19 of 26 defendants in the Krungthai case to jail terms for their involvement in approving loans totalling more than 10 billion baht in 2003-2004 to real estate developer Krissadamahanakorn through its affiliates, even though th company was rated a non-performing debtor.

                    They included Viroj Nualkhair, who was the KTB president at the time, and Suchai Jaovisidha, the then bank chairman.The two were sentenced to 18 years behind bars.

                    State prosecutors named Thaksin, who was the prime minister when the loans were approved, as a first defendant in the case when the indictment was filed in 2012.

                    The court did not rule on Thaksin, who did not appear in court and is the subject of an arrest warrant in the case.

                    Details of the case against Thaksin have not been announced.

                    Thaksin fled into self-exile ahead of his sentencing to two years' imprisonment in absentia in October 2008 on a charge of abuse of authority in the purchase of state land by his then-wife while he was prime minister.

                    He was recently joined by his sister, former prime minister Yingluck, who fled ahead of being sentenced to prison for failing to stop corruption in her government's rice pledging scheme.

                    should be fun: https://www.bangkokpost.com/news/pol...gainst-thaksin
                    Keep your friends close and your enemies closer

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                    • #25
                      Might save a lot of time and money just to put an ice pick in his head, worked for Stalin

                      Comment


                      • #26
                        Originally posted by crazy dog View Post
                        Might save a lot of time and money just to put an ice pick in his head, worked for Stalin
                        Are the Toxins gone yet?
                        God, the panic within the Dems, MSM, and left must be horrifying...realizing that Joe is really the best they've got.

                        Comment


                        • #27
                          Prosecutors seek trial of Thaksin in absentia

                          http://www.nationmultimedia.com/deta...itics/30332199
                          Keep your friends close and your enemies closer

                          Comment


                          • #28
                            Thaksin ? Who is Thaksin ? Surely can't be the same bloke Prayuth is always telling the press to ignore.? Is this the same bloke or another one with similar name ?

                            Comment


                            • #29
                              Judges to decide whether to try Thaksin in absentia

                              http://www.nationmultimedia.com/deta...itics/30332282
                              Keep your friends close and your enemies closer

                              Comment


                              • #30
                                Thaksin to be tried in absentia in excise tax case


                                The Supreme Court for politicians has set up a panel of judges to try Thaksin Shinawatra in absentia in the telecommunications excise tax conversion case, according to the Office of the Attorney General (OAG).

                                OAG deputy spokesman Trumph Jalichandra said on Friday that his office had earlier asked the court to try the former prime minister in absentia in two cases -- the excise tax case and the Krungthai Bank lending case -- after the law allowing the court to try politicians in absentia came into effect last year. The excise case trial would be the first under the new law.

                                In any case, Prayut Petchkhun, another OAG deputy spokesman, said his office was still working on an extradition attempt to bring Thaksin to justice. It is also seeking Thaksin's sister Yingluck and hit-and-run suspect Vorayudh "Boss" Yoovidhaya. However, the OAG could only act after police inform them where they are, he added.

                                Pictures of a woman believed to be former premier Yingluck shopping in London emerged last week. Mr Vorayudh, another billionaire, has managed to avoid arrest for more than five years since his speeding Ferrari dragged a motorcycle ridden by a police officer to his death in Bangkok in September 2012.

                                Thaksin is now facing four cases filed between 2008 and 2012. The excise tax case and the Krungthai lending case were filed by the OAG, while cases involving Exim Bank lending and the online lottery were filed by the National Anti-Corruption Commission.

                                Thaksin was convicted in 2008 for abuse of authority in a government sale of land on Ratchadaphisek Road. He fled abroad shortly before the court issued its ruling.

                                The telecoms excise tax case originated 15 years ago, when telecom companies operated under concessions from the government, through what are now state-owned TOT Plc and CAT Telecom Plc. The two state agencies collected their shares of revenue from the telecoms firms and remitted the revenue after expenses to the Finance Ministry.

                                In 2003, Thaksin, who made his fortune from the country's largest mobile operator, issued an executive decree imposing a new telecoms excise tax. Essentially, it funnelled a portion of the revenue telecom firms normally paid to TOT and CAT directly to the Finance Ministry.

                                The government explained the change was needed to prepare for the expiry of the concessions, when the state telecom firms could no longer rely on concession revenue.

                                TOT and CAT claimed the change would bankrup them, while industry experts argued the tax would stifle competition because newcomers would find it hard to compete with existing players, which effectively did not have pay extra for the tax.

                                Supporters of the tax said it made no difference to the operators since they ended up paying the same amount, but to a different recipient. They argued that the Finance Ministry would get more revenue since there would be no expenses deducted.

                                In 2010, the Supreme Court's Criminal Division for Holders of Political Positions found Thaksin guilty in several cases and seized 46 billion baht of his assets. In the excise tax case, it said the imposition of the excise tax unfairly favoured Shin Corp, the telecoms giant Thaksin founded in 1983 and sold in early 2006.

                                To comply with the court ruling, which is considered final and binding on all agencies, the coup-installed government cut the telecom excise tax rate to zero, effectively reverting to the original system until almost all telecom concessions expired a few years ago, replaced by a licensing system.: https://www.bangkokpost.com/news/gen...ost_recent_box
                                Keep your friends close and your enemies closer

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