Thaksin faces trial over Exim loan

The Assets Examination Committee has accused the former prime minister of abusing his position to order a Bt1billion increase in the amount of ExportImport Bank of Thailand loans to Burma, allegedly for the benefit of his family's satellite and broadband businesses.

A total of Bt4 billion was extended to the Burmese government to improve its infrastructure and telecom sector in 2004. This came with the condition that the Burmese government purchase materials from the Shinawatra family's Shin Corp.

In the suit, the AEC recommended that Thaksin be charged with violating Articles 152 and 157 of the Criminal Code, for dereliction of duty and malfeasance by seeking a vested interest for his family.

The case is the third graft case linked to Thaksin. His first litigation concerns the purchase of a block of land on Ratchadaphisek Road by his wife, Khunying Pojaman Shinawatra, and the second is the lottery case.

A panel of judges ruled that the court had the jurisdiction to hear the case under Article 9 (1) of the Criminal Procedure for Political Office Holders Act 1999 and Article 8 of the Criminal Procedure for Political Office Holders Act 2000.

The court ruled out giving a verdict on the petition filed by the defendant dated July 23, 2008 questioning the AEC's authority, arguing it did not have the legitimacy to investigate the case. The judges will rule on the petition as they issue the verdict on the case.

The court also accepted the National Counter Corruption Commission as the plaintiff on behalf of the AEC, whose term expired on June 30.

Sithichok Sricharoen, a lawyer for the AEC, responded strongly over the move by the Cabinet that instructed the Office of the AttorneyGeneral to appoint public prosecutors to defend 47 former ministers and officials involved in the two and threedigit lottery case.

"The move will create ethical problems among public prosecutors. It is not suitable for the OAG to assign prosecutors who deal with this case to defend the defendants,'' he said.

Sithichok said he and the court officials would deliver a court notice to all defendants of the lottery and Exim Bank cases from next Monday.