Thaksin facing only single trial
Ratchada land case to go ahead as scheduled
KING-OUA LAOHONG & THANIDA TANSUBHAPOL
Only one of the criminal cases against former prime minister Thaksin Shinawatra will proceed in his absence while he is a fugitive abroad, a source at the Supreme Court said yesterday.
Under the rules governing the Supreme Court's Criminal Division for Holders of Political Positions, defendants must be present at the first hearing, where they must formally acknowledge the proceedings after hearing the court read out the charges.
Of the cases against Mr Thaksin, who on Monday skipped bail and announced he was staying in London, only the Ratchadapisek land case will proceed, and a verdict be issued, if Mr Thaksin does not return to Thailand, the source said.
"So if he does not appear in court at the first hearing after the court accepts a lawsuit against him, that case would be suspended.
"The court may also issue a warrant for his arrest," said the source.
The Supreme Court's Criminal Division for Holders of Political Positions initially suspended the hearing of the Ratchadapisek land case, in which Mr Thaksin is charged with using his authority as prime minister to wrongfully influence the purchase of land by his wife, Khunying Potjaman, from the Financial Institutions Development Fund in 2003.
The trial resumed after Khunying Potjaman returned to Thailand early this year.
Warrants have now been issued for the couple's arrest and the forfeiture of their bail.
According to the source, the cases likely to be held over are those in which Mr Thaksin is the sole defendant, including the Export-Import Bank of Thailand's loans to the Burmese government to purchase Shinawatra-owned satellite services.
Deputy Attorney-General Waiyawut Lortrakul said yesterday a planned civil lawsuit to seek the confiscation of 76 billion baht of Mr Thaksin's assets will not be halted.
The case can proceed in their absence and they can appoint lawyers to attend the trial on their behalf.
Mr Waiyawut said the lawsuit will be filed as soon as it is approved by Attorney-General Chaikasem Nitisiri.
Khamnuan Chalopatham, head of the legal team representing the couple in the Ratchadapisek land case, also said other pending cases could be suspended following Mr Thaksin's exile.
He said the Ratchadapisek case will proceed and a verdict was expected between October and November.
Mr Khamnuan conceded Mr Thaksin's self-imposed exile has put him at a political disadvantage.
But he stressed that Mr Thaksin has still not been convicted and the arrest warrant was issued on the grounds he skipped bail.
He added that Mr Thaksin can link the case to the Sept 19, 2006 coup if he seeks political asylum.
"It is up to the British authorities to make a judgement," he said.
The House committee on finance, banking and financial institutes has been informed the attorney-general is considering seizing Mr Thaksin's assets. The only way for Mr Thaksin to have the assets returned is to attend court.
Deputy permanent secretary for foreign affairs Pensak Chalarak on Tuesday wrote to the president of the Supreme Court's Criminal Division for Holders of Political Positions to ask about the arrest warrant for Mr Thaksin.
The ministry would use the information as a basis to consider whether his diplomatic passport can be revoked, said permanent secretary for foreign affairs Virasakdi Futrakul.
Thursday August 14, 2008
Bangkok Post
