Tuesday, October 21, 2008

THAKSIN GUILTY, WIFE ACQUITTED

By the narrowest of margins, a Supreme Court panel on Tuesday found ex-premier Thaksin Shinawatra guilty of corruption in the Ratchadaphisek land deal case and sentenced him to two years in prison. His wife Khunying Potjaman was cleared of all charges.

The court's 's Criminal Division for Holders of Political Positions ruled 5-to-4 that Mr Thaksin was guilty of conflict of interest by helping his wife get a sweet, discounted price for her purchase of 33 rai of land on Thiam Ruam Mit Road in the Ratchadaphisek business district.

The deal went through while Mr Thaksin was prime minister, through an auction run by the Bank of Thailand's Financie Development Fund (FIDF) five years ago.

"Thaksin violated the article of the constitution on conflict of interest, as he was then prime minister and head of government, and was supposed to work for the benefit of the public," one judge said, reading the verdict. "He is sentenced to two years in jail."

The jail term was given without suspension. But because Mr Thaksin is currently living in exile in London, the court issued a warrant for his arrest.

The court voted 7-2 to clear Khunying Potjaman of all charges, because she was not a state official.

Immediately after the verdict Mr Thaksin spoke by telephone to the Reuters news agency. He said he was not surprised, and had expected the jail term.

"I have been informed of the result. I had long anticipated

that it would turn out this way," he was quoted as saying, adding that the case was politically motivated.

"The attorney general will be seeking Thaksin's extradition very shortly," said Seksant Bangsomboom, the head of the prosecution team.

The sentence would expire in 10 years, after which Thaksin could return to Thailand without fear of being jailed, Seksant said.

Meanwhile, People's Alliance for Democracy (PAD) supporters at the Government House compound they have occupied since late August cheered loudly at the verdict. They chanted "Thaksin in jail" in unison for several minutes.

V-day for Thaksin

The Supreme Court's Criminal Division for Holders of Political Positions is to hand down its verdict in the Ratchadaphisek land purchase case against Thaksin Shinawatra and his wife Khunying Potjaman at 2pm on Tuesday (0700GMT).

Mr Thaksin is charged with abusing his authority while prime minister to facilitate his wife's purchase of 33-rai of land on Thiam Ruam Mit road in Ratchadaphisek area from the Bank of Thailand's Financial Institutions Development Fund (FIDF) at a sweet price of 772 million baht five years ago.

The reading of the verdict is scheduled to start at 2pm.

If the couple do not show up and the court finds them guilty it will issue warrants for their arrest.

Article 278 of the constitution says that in the event the couple can produce new witnesses or new evidence which might substantially alter the facts of the case, they have the right to file an appeal to a general meeting of the Supreme Court within 30 days of the reading of the verdict.

If an appeal is filed, a general meeting of the Supreme Court will convene to choose a panel of five judges to make an initial inquiry to see whether there are new witnesses and new evidence, as might be claimed by the defendants.

The panel will then present its findings and recommendation to the Supreme Court's general meeting.

In the event the appeal is accepted, the five-judge panel will be instructed to continue the investigation of the appeal and then submit their findings to a general meeting for a decision.

If the general meeting of the Supreme Court then upholds the prosecution's case against Mr Thaksin and Khunying Potjaman, a process to seek their extradition will be launched.

Application will be made for the couple to be returned from Britain where they have sought asylum.

Abhisit Vejjajiva, leader of the opposition Democrat party, was concerned that whichever way the verdict goes, tensions between anti- and progovernment camps are unlikely to ease.

The conflict could intensify if the government tries to provide backing for its supporters to confront its opponents, Mr Abhisit said.

Pibhop Dhongchai, a core leader of the People's Alliance for Democracy (PAD), said the alliance will stay put at the Government House compound and will not go to hear the verdict at the court today, to avoid any confrontation with pro-government groups.

Government spokesman Nattawut Saikua, who is a staunch supporter of the deposed prime minister, said today's court verdict would neither impact the pro-Thaksin movement nor change the political situation.

Mr Thaksin's supporters would continue to support him no matter what the judges rule.

This court case is only another political manoeuvre aimed at destroying Mr Thaksin, said the co-founder of the United Front of Democracy against Dictatorship (UDD).

The government spokesman said the verdict would not cause any change to the current political situation because Mr Thaksin no longer had a role in Thai politics, as was the case previously.

"The ongoing political conflict is not a confrontation between the pro- and anti-Thaksin camps, it's a fight between democracy and anarchy," he said.

Even if Mr Thaksin is convicted, the conflict will undoubtedly continue, said Mr Nattawut.

The court has told those planning to attend the reading of the verdict to comply with the law to keep peace and order on and outside the court premises.

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