fedssocr wrote:
The case against Thaksin and his wife in this sweetheart land deal appears to be pretty air-tight.
Would you please indicate what scholars have said what and/or note the articles? I've read almost every article I've seen in the Bangkok Post and the Nation about this particular charge and I haven't read anything like that.
Adding a few facts here for digestion (although this may do little to those that have already convicted the guy):
1. The case involves 4 Bangkok parcels that were owned by the FIDF (Financial Institutions Development Fund). The parcels had been placed up for auction by prior governments and the FIDF had the parcels appraised and placed them for sale at public auction. At the time, the FIDF, an arm of the Bank of Thailand, was supervised by Bank of Thailand Governor Pridiyathorn Devakula.
2. The appraised price, according to a couple of articles, was "around 700 million baht. Shinawatra's wife, Potjaman, bought the land for 772 million baht.
3. The prosecution claims that Mrs. Shinawatra, by purchasing the land, violated Article 100 of the 1999 National Corruption Act which states that government officials and their spouses are prohibited from having interests in contracts made with state agencies under their authority; however, a section of that Act specifically states that persons committing malfeasance must be direct supervisors of the involved state agency.
4. The problem with the case from the prosecution's point of view is that Shinawatra didn't directly supervise either the Bank of Thailand or the FIDF and, as such, it could be argued that the statute (Article 100) doesn't apply at all. Further, Article 29 of the Bank of Thailand Act of 1942 states that the prime minister does not have jurisdiction to oversee the FIDF. The other prosecution problems may be that the purchase was made in the open, multiple bidders were involved, and Shinawatra's wife ended up with the highest bid which was for more than the FIDF's appraised price.
I remain confused about the Thai legal system. Governor Pridiyathorn's testimony to the court occurred in secret and neither Shinawatra or his wife or their lawyers were allowed in the courtroom (so much for the concept of confrontation of witnesses and the ability to cross-examine!).
Based on what I have read (including the wording of the two statutes involved), this type of criminal case would not survive a motion to dismiss in the west; regardless, clearly "TIT" applies and there probably are other facets to this case that haven't been printed. And, of course, we don't know the actual testimony of the Governor.