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Published on August 15, 2007

Thaksin and Pojaman became fugitives yesterday after the court ordered them to be arrested for evading judicial proceedings. The two are facing abuse-of-power charges related to a 2003 Ratchadaphisek land deal in Bangkok.

"This court finds cause to suspect the two defendants of trying to flee. Therefore, arrest warrants are deemed necessary," presiding judge Thonglor Choam-ngam said in his ruling.

Thonglor dismissed a defence argument citing safety concerns as the reason for the no-show by Thaksin and Pojaman.

Thailand is a democratic and free country and its government is obliged to ensure safety for every citizen in spite of the post-coup situation, he said, noting the defence raised speculative concerns without producing evidence of any tangible threat.

Prosecutors said they would start extradition proceedings if the Shinawatras failed to turn up for the new Supreme Court hearing on September 25.

"Since he [Thaksin] is abroad, we are left with no choice but to ask for extradition at some point, but it's too soon to tell when that would be," Athapol Yaisavang, a spokes-man for the Attorney-General's Office, said in a telephone interview with Associated Press.

Attorney-General Pachara Yutithamdamrong said yesterday morning ahead of the

warrant approval that prosecutors would seek help from the United Kingdom in having Thaksin and his wife returned. However, the court can try the case in their absence, he said.

Thaksin, in a statement released by a public relations company, said: "I am aware of the decision in Thailand. I shall consult with my legal advisers and make an announcement in due course".

Several foreign news and sports websites reported the decisions. If Thaksin is convicted, his ownership of Manchester City Football Club could be affected. The English Premier League could reconsider his status as a "fit and proper person" to own a club.

Foreign Ministry spokesman Tharit Charungvat said the initiation of extradition proceedings was up to the Attorney-General. The ministry will cooperate with other agencies to seek Thaksin's return under the Anglo-Siam Treaty.

British authorities reserve the right to decide if charges in Thailand had equivalents in law there, he said.

A British Embassy source, who asked not to be identified, said extradition subjects must be charged with a crime that in the UK would attract a sentence if convicted of at least one year in jail.

A defence submission arguing there had been a failure to specify the London domicile of the two defendants was unconvincing, the court said. The defence did not object to the use of Thaksin's Bang Phlat address and Pojaman's Dusit home during a hearing on the issue, it added.

At the outset of yesterday's arraignment hearing, defence counsel Pichit Chuenban immediately filed three submissions - one disputing the defendants' addresses, another requesting a delay of arraignment and a third seeking a trial date within 30 days after the general election.

Pichit contended prosecutors neglected to check the defendants' London address, hence serving summonses at locations where they no longer resided.

He submitted news reports suggesting the defendants might not be safe if they returned to stand trial.

He said the defendants promised to appear for trial after elections when they expected the political climate to change. They will be able to fight the charges without junta pressure, he said.

In disputing these submissions, chief prosecutor Seksan Bangsomboon said the defendants maintained permanent residences in Bangkok while exiled in London.

Seksan told the court there was no evidence to suggest the defendants could not receive a fair trial or that their safety was in doubt.

The court dismissed the defence submissions and issued arrest warrants for the defendants.

Procedure demands Seksan today collect the warrants from the court clerk before forwarding them to national police chief General Seripisut Temiyavej.

Police will seek the defendants in Thailand first and if not apprehended they will report this to the Office of the Attorney-General ahead of the next court date.

Seksan is then bound to inform the court of the defendants' whereabouts. This information will become the basis for the court to rule if an extradition request is in order.

Outside the court, Pichit said he would travel to London to consult with the defendants.

"I cannot speak for my clients. They will decide for themselves on how to react to their warrants," he said.

"Please try to understand Thaksin's difficult position. Not only does he face this litigation but political problems as well," he added.

He said Thaksin was determined to clear his name but would do so only after the junta relinquished power.

Meanwhile, Council for National Security chairman General Sonthi Boonyaratglin said people would understand the arrest warrants were a step in the legal process, not an attempt to bully or pressure Thaksin and his wife.

Thaksin should return to face prosecution and the government and military will ensure his protection, he said.