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Published on September 25, 2007

In the first case, public prosecutors will wait for the decision of the Supreme Court's Criminal Division on Political Office Holders before deciding how to proceed with charges against ousted prime minister Thaksin Shinawatra and his wife Pojaman over the Rachadapisek land deal.

The Supreme Court held the first hearing against Thaksin and his wife on August 14. The pair are charged with using their political influence, in violation of the law, to purchase the land from the Financial Institution Development Fund, an arm of the Bank of Thailand. The two defendants did not show up on August 14 and the court moved the hearing to today.

"There are two ways to deal with this case if the defendants fail to show up again," said Athaphol Yaisawang, a spokesman from the Office of the Attorney-General.

"The court can either put the trial on hold until the authorities can bring the defendants to appear, or the court can proceed to hold the trial in absentia of the defendants."

Thaksin is accused of using his identity card as prime minister to back up Pojaman's bid for the plot of more than 30 rai in Bangkok's Rachadapisek area. The Financial Institution Development Fund owned the plot and launched open bidding for it. Pojaman got the land by offering the highest bid. However, the law forbids political-office holders from participating in the bidding for contracts from government agencies.

Thaksin and Pojaman are now living in exile in London.

As for the attempts to bring Thaksin and Pojaman back to Thailand to stand trial in the court, Athapol said the Office of the Attorney General had set up a working committee to proceed with this case. The working committee held a secret meeting recently, he added.

"Today the public prosecutors must have a clear answer from the Supreme Court on the progress of the extradition case. First, we have to ascertain whether the defendants are residing in England. This matter lies under the responsibility of the Foreign Ministry. Second, we have to set up a team of legal advisors to study the extradition process of the UK system," Athapol said.

"In short, we have to be able to tell the Supreme Court whether the public prosecutors plan to seek an extradition charge against the defendants so that the court can determine how it will proceed with deliberation of the case. But nobody can really tell whether, once we have requested the extradition, it will be successful or not, because it all depends on the UK's reaction."

Abhisit Vejjajiva, the leader of the Democrat Party, said Thaksin should return to Thailand to fight the cases against him in court because the Thai justice system and the Thai courts are impartial.

"I believe Thaksin should fight the legal cases in the Thai court because he himself believes in the Thai courts, otherwise he would not have sued a lot of people in numerous other cases," Abhisit said.

In another development, police will today seek a court warrant to arrest Surin because he has failed three times to appear before police to hear charges that he acted as a nominee for foreigners in his stock holding in Kularb Kaew.

Kularb Kaew is one of the companies used by Temasek Holdings of Singapore to acquire Shin Corp from the Shinawatra family.

Yesterday a lawyer for Surin presented a medical report from a Malaysian hospital to the police. The report shows that Surin suffers from an irregular heartbeat, making it impossible for him to appear before the police to hear the criminal charges against him.

Police Lt Gen Visut Vanichbutr, head of the Economic and Technology Crime Suppression Unit, said the report is not credible because it is not accompanied by a notarisation from any Thai agency such as a Thai embassy or Thai Consul.

"We believe that he only wants to buy time and escape from having to face the charges," Visut said.

Police yesterday submitted seven files containing evidence against Surin to the Southern Criminal Court of Bangkok. The court is today scheduled to discuss how the case against Surin should proceed. 

The Nation