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Tue, June 19, 2007 : Last updated 20:59 pm (Thai local time)



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Home > Headlines > Ratchada land deal set for trial





Ratchada land deal set for trial

Ousted premier Thaksin Shinawatra and his wife Khunying Pojaman will stand trial in a special court for alleged corruption in relation to the Ratchadapisek land deal in 2003, the attorney-general said yesterday.

Pachara Yutithamdamrong said he had issued a prosecution order accusing the two of abuse of power.

The prosecution writ would be filed on Thursday in the Supreme Court's Criminal Tribunal for Political Office Holders.

"I have endorsed the Assets Examination Committee [AEC] report as vetted by the prosecution team before ordering a trial based on evidence of guilt," he said.

Under the Criminal Proce-dural Code, the two defendants do not have to be present when the lawsuit is filed but would have to attend the arraignment hearing later, he said.

Thaksin, living in self-imposed exile in London, and Pojaman in Bangkok were not expected to have to report to the court for months, as the high court will have to activate the tribunal and select five judges before the arraignment.

The Ratchadapisek land deal is the first corruption case involving Thaksin to reach the trial stage. But it is the second criminal trial for Pojaman, who is fighting another case for tax evasion.

According to the prosecution review report recommending trial, Thaksin and Pojaman used their position to influence the Financial Institutions Development Fund (FIDF) to sell them the plot.

The original estimated price for the land was Bt2.1 billion. The first bid saw the price drop to Bt870 million and subsequent negotiations resulted in a further discount to the winning bidder, Pojaman, who paid Bt772 million.

As per indictments spelled out by the AEC and endorsed by prosecutors, the upcoming trial is expected to centre on four issues.

Two issues are about a ban on political office holders and their spouses entering into transactions with state agencies, as per Articles 100 and 122 of the 1999 National Counter Corruption Commission Act.

Offenders face a jail term of up to three years and a fine of up to Bt60,000.

The other two issues involve criminal offences for abuse of office under the Criminal Code.

Offenders face a jail term of up to 10 years and a fine of between Bt2,000 and Bt20,000.

In addition to individual punishment, prosecutors have asked the tribunal to seize the plot and Bt772 million. as evidence to commit wrongdoing.

Meanwhile, the Criminal Court heard testimony from the first prosecution witness in the tax evasion case involving Pojaman.

Testifying for the prosecution, Phatra Securities stock broker Suwit Mapaisalsilp outlined the Shin stock transaction between Pojaman, her nominee and servant Duangta Wongpakdi, and her brother Bhanapot Damapong.

Suwit said Duangta and Bhanapot opened their accounts with his brokerage firm in 1990.

In 1991, Pojaman authorised her private secretary, Kanchanapa Honghern, to arrange the sale of 4.5 million Shin shares between Duangta and Bhanapot, he said, confirming that Pojaman had paid Bt741 million for the shares on Bhanapot's behalf.

The brokerage deducted its fees before depositing the net earnings of Bt734 million in Duangta's bank account, he said.

Prosecutors claim Pojaman was involved in a tax scam by declaring the shares as a gift to Bhanapot, thereby avoiding Bt546 million in liable tax.

Bhanapot and Kanchanapa are fellow defendants in the case.








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