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Saxena to lodge complaints if more cases filed


A defence lawyer in the Bangkok Bank of Commerce (BBC) case yesterday warned that Thai authorities would be violating the extradition treaty if they filed cases other than that involving City Trading against the bank's former adviser, Rakesh Saxena.

The lawyer, who asked to remain anonymous, dismissed a comment by a public prosecutor, who was behind the successful extradition of Saxena, that prosecutors would file 20 more cases against him by notifying the Canadian government first as they are offences of a similar nature.

The lawyer threatened that Saxena would file complaints in a Thai court and with the Canadian government if he were to face legal action in other cases. He said Thai prosecutors could not seek permission from Canada to press other charges against Saxena.

He said the right of the suspect is protected by the treaty that Siam ratified with the United Kingdom (Canada was a part of the British Empire at the time). He must not be pressed with charges other than what is stated in the request for his extradition.

Thai prosecutors had accused Saxena of embezzling Bt1.6 billion |from BBC through illegal approval |of a credit line to City Trading.

It was the only case cited for his extradition. "If Thai authorities do not conform to the treaty, they would hurt the country's relations with Canada. They must think carefully and should not put the country's integrity at stake just because they want to take action against Saxena,'' he said.

He said the 13 years that Saxena had already been detained under house arrest in Canada could also be deducted from any jail sentence the court might impose, if found guilty.

The lawyer also dismissed speculation that Saxena would be punished in the same way as BBC president Krirk-kiat Jalichandra, who was found guilty and given long prison terms in cases involving BBC. He said the case was totally different and the suspect was a different person.

The court has to start the trial from scratch by calling witnesses to testify again. Many witnesses had already died. Prosecutors have said that of the more than Bt10 billion that Saxena allegedly embezzled from BBC, Bt2 billion had been retrieved so far.

The Bank of Thailand has been seeking cooperation from banks overseas to seize the rest of the money if they find it.



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