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Published on January 9, 2008

Khunying Pojaman Shinawatra's return to Bangkok yesterday to stand trial on charges of violating the of conflict of interest law over the controversial purchase of a prime piece of land in the Ratchadaphisek area is welcome news. As a Thai citizen accused of crimes, Pojaman has every reason to believe that she will be accorded due process under the law. Pojaman's decision to stand trial in this country despite the considerable reluctance of her husband, former prime minister Thaksin, to come back at this time has proved what many people have suspected all along - that this woman is the stronger half of the couple. Let's hope that Thaksin will be able to muster the same courage after having seen his wife being treated fairly by the justice system.

In the controversial Ratchadaphisek deal, Pojaman purchased the plot of land in question from the Bank of Thailand's Financial Institutions Development Fund at a time when Thaksin was still prime minister. The whole deal reeked of blatant conflict of interest.

The Supreme Court's Criminal Division for Holders of Political Positions had earlier issued a warrant for the arrest of Pojaman and Thaksin. The pair stand accused of abusing the power of his high office to advance their self interest through the lucrative land deal.

In granting Pojaman temporary release on Bt5 million bail, the high court put a restriction on her saying she must not leave the country without prior permission, and expressly prohibited her from interfering with the judicial proceedings.

Yesterday, Pojaman also acknowledged another charge filed against her by the Justice Ministry's Department of Special Investigations (DSI) for concealment of holdings in SC Assets. Pojaman and members of the Shinawatra family were major shareholders in this firm.

According to the DSI, Pojaman was also found to have violated the Securities and Exchange Commission's SEC rules, requiring all companies listed on the Stock Exchange of Thailand to file accurate data, including a complete list of names of major shareholders.

The Department of Special Investigations briefly took Pojaman into custody under an arrest warrant issued by the Criminal Court. She was later granted temporary release on Bt1 million bail, pending an investigation.

The timing of Pojaman's arrival is apparently well calculated. It is designed to enable Thaksin to test the water, to determine whether it is safe for him to return.

By coming back to stand trial and face charges of corruption, Pojaman will enable Thaksin to gauge the situation more accurately from the comfort of his self-imposed exile.

The country, which is still as politically divided as ever, now finds itself in the middle of another crisis in the making: with the prospect of the pro-Thaksin People Power Party, the biggest winner in the December 23 election, forming a coalition government hanging in the balance. The poll results have been looked at by the Election Commission, which is in the process of deciding whether to validate the status of 83 winners, or to disqualify some or all of them for suspected electoral fraud.

Moreover, the PPP also faces the possibility of dissolution. A member of the Democrat Party has asked the Supreme Court's division on electoral offences to decide whether PPP is a nominee acting on behalf of Thaksin and 110 other executives of the Thai Rak Thai Party, all of whom were barred from politics for five years.

If the court deems that the PPP is indeed a nominee and that its action constituted a move to subvert the Constitution Tribunal's ruling to dissolve Thai Rak Thai, the chance of the PPP facing the same fate as Thai Rak Thai cannot be ruled out.

Regardless of Pojaman or Thaksin's motives, members of Thai society must not allow talk of conspiracy theories to distort their perception. This whole business is about putting allegedly corrupt people on fair trial. If they are found guilty of the crime, they must be punished.

When Thaksin decides it is time for him to come back to stand trial, he too must have the guarantee of fairness and equality in the eye of law - no more, no less.

The Nation