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Published on July 24, 2007

The Assets Examination Committee (AEC) yesterday decided to file a complaint at Bang Sue police station accusing Khunying Pojaman Shinawatra, wife of deposed prime minister Thaksin Shinawatra, her son and two others of violating anti-graft laws by refusing to testify on the Shin Corp share sale.

AEC spokesman Kaewsan Atibodhi said the AEC issued the ruling after Pojaman, her son Panthongtae Shinawatra, her secretary Kanchanapa Honghern, and her sister-in-law Busaba Damapong - Bhanapot Damapong's wife - had refused to testify as witnesses before an AEC subcommittee headed by Viroj Laohapan. Kaewsan said Pojaman had postponed giving testimony to Viroj's panel four times. For her latest appointment on July 19, she sent a letter stating her intention not to testify on grounds that the AEC had no right to summon her to give statements that would cause her damage.

Her son had turned up at the AEC offices a day earlier as summoned, but when the AEC notified him that he had the right not to answer questions if he felt the answers or statements he made could be used against him in court, Panthongtae consulted his lawyer and told the panel that he would not testify.

He cited his constitutional right not to testify in case his statements could be used against him.

Kaewsan said the refusal to testify by the four people was a violation of Article 118 of the National Counter Corruption Commission, an offence punishable by up to six months' imprisonment and a Bt10,000 fine.

The AEC yesterday also issued another order to freeze proceeds from the sale of Shin Corp, this time for Bt1.6 billion.

The assets frozen were in the name of Bhanapot and Busaba Damapong, comprising three promissory notes, two of Bt200 million each and one of Bt100 million; two Bangkok Bank accounts of Bt625 million and Bt40 million; and two UOB accounts of Bt280 million and Bt200 million.

This ninth order brings the total amount of Thaksin's assets ordered frozen by the AEC to Bt64 billion.

However, the AEC found that it still has to trace Bt39.9 million of this amount because a check on Busaba's account holding Bt40 million was found to have only Bt100,000 remaining.

The AEC also ruled to have the Department of Special Investigation conduct a probe into whether charges could be brought against officials of the Financial Institutions Development Fund. These concern collusion to rig the bidding on a Ratchadapisek land plot so that Pojaman won.

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Lawyers allege bias

The Criminal Court trial into alleged tax evasion by Khunying Pojaman Shinawatra, her brother and her secretary yesterday heard allegations the state was prejudiced against the defendants.

For three hours defence counsel grilled Assets Examination Committee member Sak Korsaengruang on cross-examination.

Sak denied assertions the committee was biased and insisted it was objective and had no dispute with the defendants or Thaksin Shinawatra, the husband of Pojaman.

The charges stem from the 1997 transfer of shares in Shinawatra Computer and Communication. Pojaman, her secretary Kanchanapa Honghern and brother Bhanapot Damapong are accused of evading Bt546 million in taxes and penalties on the sale of shares valued at Bt738 million.