Ousted premier Thaksin Shina-watra's wife Khunying Pojaman has filed a criminal suit against graft-buster Nam Yimyaem on charges relating to abuse of power to frame her and her husband for alleged graft violations, their lawyer said yesterday.

"The legal action against Nam is deemed necessary after a telephone call [from Pojaman] expressing concern about the threat to seize her Ratchadaphisek plot before commencing trial," Pichit Banchuen said.

"Nam has tried to raise frame-up charges against Thaksin and Pojaman even though concerned authorities, such as the Financial Institutions Development Fund (FIDF), have no intent to file a complaint of alleged wrongdoing involving the two."

Pichit said Nam harboured "grudges" against his clients and used his position as chairman of the Assets Examination Committee (AEC) to exact his revenge.

The Criminal Court has set July 23 for a first hearing on the case, he said in reference to the court proceedings to determine whether the case would merit a judicial review.

He said Thaksin's defence team had also filed a complaint asking Nam to remove himself from all graft probes involving the two.

Legal pundits see the litigation against Nam as a pre-emptive strike designed to undermine prosecution preparations. All graft probes involving Thaksin and his wife have yet to reach the trial stage.

In regard to the AEC-appointed panel's decision to indict Thaksin and his wife relating to the Ratchadaphisek land transaction, the lawyer said he had just submitted a rebuttal on his clients' behalf.

He said the Udom Fuangfung report on the land deal was unfair and that it had no case to prosecute his clients.

He said the AEC had no mandate to seize the plot and Pojaman's Bt772-million payment before the completion of the judicial review.

"If my clients somehow lost the case, the transaction would be cancelled and the land ownership would revert back to the FIDF as the seller but Pojaman, as the buyer, must be refunded for the transaction in full," he said.

He said a Supreme Court ruling in 1972 set a clear precedent for the refund.

Reacting to being sued, Nam said he was not worried about the court battle.

"This is nothing, and I am considering to counter-sue for raising false charges against me," he said.

Panel chairman Udom said his panel would on Monday review Pojaman's complaint about his alleged unfairness.

"If the panel decides to drop the complaint, the AEC is expected to rule Monday's afternoon to endorse my report recommending for prosecution and plot seizure," he said.

Should the panel rule in favour of the complaint, the case might be delayed due to adjusted proceedings - but would not be dropped, he said.

In a related development, Nam yesterday said all the AEC members should remain with the panel until its extended term ends.

"Every [member] has the right to decide when to jump ship. But you can be called a coward if you jump the ship before the mission is completed," he said.

The Cabinet has extended the AEC's one-year term, which was to end in September, but will now end with the government's term.

Budsarakham Sinlapalavan

The Nation