Judges mull legal points as Thaksin's ex-wife proves Bt34 bn belonged to her before he became PM
One of the contentious issues being discussed by the Supreme Court judges is whether the state could legally confiscate the Bt34 billion that is claimed to belong to Khunying Pojaman na Pombejra.
A legal source said the Supreme Court judges have been debating this point of legality since Pojaman claimed she owned Bt34 billion of the Bt76-billion frozen assets well before her ex-husband Thaksin Shinawatra took office in 2001. She then transferred this amount to her son Panthongtae and her stepbrother Bhanapot Damapong.
The Supreme Court is due to hand down a verdict on the asset-seizure case tomorrow - a ruling that will shape the future course of Thai politics.
In her closing statement presented before the court on February 9, Pojaman insisted she owned 693 million shares in Shin Corp, worth about Bt34 billion, well before Thaksin became prime minister.
"The fact, as testified during the Supreme Court's previous hearings, is that these shares were in my possession since Shin Corp was founded," she said. "On September 1, 2000, I sold these shares to Panthongtae and Bhanapot. Before that date, I owned 693 million shares [at Bt1 par each].
"As a result, these assets were not related to the office of the prime minister under the National Anti-Corruption Commission law, because the accused [Thaksin] assumed public office on February 9, 2001," Pojaman said.
The public prosecutors have argued that Thaksin and Pojaman illegally hid their assets by using their children and relatives as nominees while Thaksin was PM. They have also accused Thaksin of abusing his political power to positively affect Shin Corp's shares.
Pojaman also said charges that she had "parked" her 693 million Shin Corp shares with her son and stepbrother were unfounded and represented a distortion of previous testimonies given by herself, Panthongtae and Bhanapot.
The emerging legal question is whether the Supreme Court could order a seizure of Bt34 billion - the origins of which can be traced back to Pojaman well before 2001, even though she transferred the amount to Panthongtae and Bhanapot later.
In 2001, Thaksin and Pojaman declared their assets, as required by the Constitution, at Bt569 million and Bt9.96 billion respectively.
Panthongtae and daughter Pinthongta had a combined Bt4.76 billion, but the two children had not come of age at the time.
In 2005, Thaksin's assets fell slightly to Bt506 billion, while Pojaman's assets also dropped to Bt8.91 billion. Panthongtae and Pinthongta reported combined assets of Bt3.26 billion.
In 2006, Thaksin declared his assets at Bt557 billion, while Pojaman's were said to be Bt8.84 billion. Panthongtae and Pinthongta, who had come of age, no longer needed to declare their assets.
Pojaman has been arguing that the Bt34 billion owned by her before Thaksin entered politics in 2001 and later on transferred to Panthongtae and Bhanapot, cannot be included in the Bt76-billion asset seizure case.
If Pojaman were to breach any laws, she should be held accountable for those violations, but the state has no right to take the Bt34 billion.
