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Published on March 22, 2008

Pichit Chuenban, 49, was recently named the chief defence lawyer for former premier Thaksin Shinawatra and his wife in the controversial Bt770-million Rachadapisek land purchase case.

"A widely-respected person introduced me to Khun Thaksin when he was about to return to Thailand late last month to fight allegations that he had abused his power over the land deal," said Pichit.

"I took up the offer and put together a team of 5-6 lawyers to defend the ex-premier.

"During the first court hearing on March 12, we presented a 121-page testimony on behalf of both defendants, as well as a long list of documentary evidence and witnesses," said Pichit, who has been practising law since 1981 following his graduation from Ramkamhaeng University.

Pichit, also a barrister, is an expert in criminal law. In one well-known case, he saved Pol Lt Col Manas Polsattha fro execution, following an alleged murder case involving the death of a former top bureaucrat's cousin.

"Pol Lt Col Manas was acquitted by the Supreme Court after he was handed the death sentence by a lower court. This was largely because we could prove that he wasn't at the crime scene at the time.

"I also defended Khun Veera Somkamkid, a well-known anti-Thaksin activist, who was charged by members of a constitutional tribunal in a libel case involving the Sanan Kachornprasart asset concealment case back in 2000.

"Khun Veera was later acquitted," Pichit recalled.

On the Rachadapisek land case, he said the defence team is quite confident that former premier Thaksin and his wife Pojaman are not guilty.

The Assets Examination Committee (AEC) accuses Thaksin of abuse of power while in office for consenting to his wife buying the prime plot of land in a 2003  auction from the state's Financial Institution Development Fund (FIDF).

Under Article 100 of the National Counter-Corruption Commission (NCCC) law, public-office-holders and their spouses are barred from having any business transactions with the state.

The Supreme Court for Political Offences is scheduled to examine  evidence and witnesses of both the defence and the AEC later next month.

As a veteran lawyer, Pichit has a great deal of confidence in the country's justice system but doubts that the AEC is a legal entity, since it was set up by the coup leaders following the overthrow of the Thaksin government in September 2006.

"The AEC and current members of the NCCC and Election Commission should quit because they were all appointed following the coup and they were never royally endorsed," he said.

Asked about financial compensation for lawyers in the Thaksin case, he said the team took up the case without discussing money, saying that it's an honour to work for the former premier and his wife.

"I would like to be remembered as someone who handled historic cases like this one, so we did not talk about money specifically," he said.

Previously, Noppadol Pattama, a former Thaksin lawyer and now the foreign minister, was rumoured to have been awarded a Bt100-million fee for his extensive legal counselling.

The rumour was quickly dismissed as groundless, but Noppadol was later appointed the coveted post of foreign minister in the Samak Cabinet.

By international standards of legal practice, a big and controversial case could cost Bt40-50 million in legal and related fees. The sum is calculated by the number of hours spent on the case by the lawyers and assistants. In Thailand, the average legal fee is about Bt5,000 (US$150) per hour, and a major case may take up thousands

of hours of work over a period of 2-3 years.

nophakhun limsamarnphun

nop1122@yahoo.com

The Nation