According to the court, the statute of limitations for the 1996 perjury charge had expired.

Thaksin, a former cable television businessman, was accused of giving false evidence in court in a related civil case against Monson, a cable television business owner.

Besides this case, another perjury lawsuit filed by Monson against Thaksin is pending in court.

The court scheduled a total of five hearings, starting on September 18, to determine if there should be a full trial.

The court will make a decision on October 16.

While yesterday's court decision was a setback for Monson, the businessman said he remained optimistic.

Monson added he would appeal the ruling on the first of his two perjury lawsuits against Thaksin.

"A boxing match has many rounds. This is only one round," Monson said after learning of yesterday's decision.

Monson is currently the proprietor of Clearview cable television in Seattle.

He was a former business partner of Thaksin at cable broadcaster IBC.

Monson said karma would eventually catch up with Thaksin. "You call it karma. We say 'what goes around comes around'. This is just a second case."

Monson and Thaksin fell out and Thaksin accused Monson of embezzlement in 1989. He was acquitted.

Yesterday's lawsuit was filed on July 20 - three days ahead of the expiration of the statute of limitations.

But, the court ruled yesterday counting could not stop at the filing of charges. It said the defendant had yet to report to the court and could not be considered to be under its authority.

Monson's lawyer Poramet Sutabut said it was impossible

for Monson to get the caretaker prime minister to appear in court.

He believed evidence in the hearing commencing next week was overwhelming and proved Thaksin offered false testimony to the court. The chances of the court agreeing to hear the argument were high.

He said Thaksin lied "on numerous occasions" during Monson's embezzlement trial "because he thought he could get away with it".

"That's his habit. What can I say? He's not stupid but he thought he could get away with it," Poramet said.

Thaksin's representative Sombat Chao-wanapreecha played down any political impact.

"I don't know if it will have an impact or not," he said.

Pravit Rojanaphruk

The Nation