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Fri, June 22, 2007 : Last updated 21:56 pm (Thai local time)



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Home > Politics > Supreme court ready to begin





THAKSIN TRIAL
Supreme court ready to begin

Judges to be picked today, hearing of prosecution writ set for July 10

Preparations to try ousted premier Thaksin Shinawatra and his wife Khunying Pojaman for alleged corruption and abuse of power in the 2003 Ratchadaphisek land deal are going ahead full steam.

The Supreme Court is expected to convene its full bench today to pick nine judges for its Criminal Tribunal for Political Office Holders, a special court for graft cases.

The activation of the special court was prompted by yesterday's filing of the prosecution writ outlining indictments against Thaksin and Pojaman. It is the first criminal case against the ex-premier to reach the high court.

Following the selection of presiding judges, the defence will have the opportunity to petition for the shuffling of the judicial line-up, if it has cause to question the qualifications of the judges.

After vetting the impartiality of the bench, the special court is slated to convene its first session on July 10 to examine the prosecution writ and evidence.

Should the court find the prosecution preparations in order, it will then set a date to commence trial, starting with an arraignment hearing at which Thaksin and Pojaman are obliged to appear in person or risk being declared fugitives.

The chief prosecutor for special litigation, Seksan Bangsomboon, said the prosecution lodged a 19-page writ reconstructing the alleged wrongdoing and the involvement of Thaksin and Pojaman in the land deal.

Some 100 documents have been submitted as evidence and about 100 people will testify as prosecution witnesses, Seksan said.

During the trial, a team of five prosecutors will be responsible for the courtroom proceedings, he said, adding that his deputy Nanthasak Poonsuk would head the team.

In their writ, prosecutors contend that Thaksin was in charge of supervising every government agency, including the Financial Institutions Development Fund (FIDF) which was responsible for liquidating the plot in question.

They outline the history of the Bt2.1 billion plot repossessed by the FIDF before selling it to Pojaman for Bt772 million.

They argue that the first round of bidding for the plot in July 2003 collapsed under suspicious circumstances as the FIDF set the starting price at Bt870 million - but none of the three bidders quoted their offering prices.

Pojaman won the second round of bidding in November 2003 with an offer of Bt772 million, while her rival bidder offered to pay Bt750 million.

With spousal consent from Thaksin, who attached his prime ministerial ID to confirm his decision, Pojaman signed the deal in December and became the new owner of the plot.

Prosecutors contend that Thaksin and Pojaman rig the bidding in order to secure the deal. They point out three suspicious points - the lack of the minimum price for bidding; the requirement to put up a Bt100 million guarantee - which exceeded the bidding rules - to block competition; and a sudden re-zoning to allow high-rise construction on the plot.

They claim that Thaksin and Pojaman violated Article 100 of the National Counter Corruption Commission Act, which bans holders of political office and their spouses from entering into contracts with any government agency under their supervision.

They are also asking the special court to penalise Thaksin for abuse of power to favour his wife as per Articles 33, 83, 86, 90, 91, 152 and 157 of the Criminal Code, Articles 8 and 13 of the 1959 Amended Criminal Code and Article 4 of the 1983 Amended Criminal Code.

Should the two defendants be found guilty, the prosecution has petitioned the special court to seize the plot and the money paid for it as evidence of wrongdoing.

One political observer questioned the proposal to have both the land and the payment seized, saying it could be "too cruel" for the Shinawatra couple.

However, Article 33 of the Criminal Code states that the asset can be seized "if it is used in the wrongdoing or earned from that wrongdoing".








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