Showing posts with label thaksin shinawat. Show all posts
Showing posts with label thaksin shinawat. Show all posts

Friday, July 10, 2009

Thaksin and justice

They say that if you tell a lie for long enough, it becomes the truth. If that's the case, then it must be true that the Thai authorities are desperately trying to bring Thaksin Shinwatra back to Thailand to face punishment for his crimes.

After all, we keep hearing that Thaksin narrowly escaped police swoops in various countries, we hear every week of a 'request'' from Thailand to some other country for his extradition and let us not forget the likes of The Nation publishing unfounded rumours, anonymous sources telling us where the man is hiding right now.

It all seems a little strange when you consider the real facts: he was allowed to leave Thailand  immediately after his wife was found guilty in court. That's right, the door was left wide open for Thaksin to leave Thailand to go to the Olympics in China the very day after Potjamo was sentenced. Imagine how hard it must have been for the powers that be to act surprised when the billionaire decided to remain overseas instead of coming hoe and facing possible jail time.

There are other points to consider too: is it really politically beneficial for Thaksin opponents to bring him home? His political and financial muscle seems to have passed its peak. The Song Kran riots achieved little, his phone ins have become dull and even Thaksin himself asked his supporters to cancel his birthday celebrations out of fear of reprisals. Bringing him back to the country and sentencing him in court would run a certain risk of bringing all the emotions and fanaticism of his supports back to the surface, kicking off a new wave of clashes. It's clear that his opponents fear being unable to control Thaksin, but it would be far more damaging to lose control of his supporters once more.

Tuesday, December 02, 2008

Back patting

Since I saw Thaicrisis give himself a pat on the back for some accurate forecasts this week, I though it might the time to do the same for myself. Hey, nobody else is going to do it!


1) The class war, it’s escalation and the fallout of the Thaksin feud was predicted by yours truly back on my old blog, which is now deleted.

2) The fallout of the constitutional referendum and predictions for the previous election were called by myself.

3) As you know, the end result of Thaksin’s Man City bid were called by me.

4) And I saw the judicial coup coming early on.

Admittedly, none of these evnts required a huge amount of astuteness.

It just goes to show: even a broken clock can be right twice a day :-)

Monday, November 24, 2008

The truth about Thaksin's swipe at the UK

Thaksin’s interview in the Arabic media is remarkable for two reasons. First, he’s let his anger (some might call it arrogance) get the better of him again. Those who do not reside in Thailand might misconstrue his “feel sorrow” comment. I’m certain this is a face saving exercise for the former PM. Thaksin is used to being looked upon as a man of great power. He took a gamble by praising the UK as “democratically mature” during his asylum bid, the obvious intention was to send a message saying: “Look, democratic countries want me! That shows how badly I was treated in Thailand!”.

Therefore his cancelled visa no doubt caused a great loss of face to him. His jab at the UK was his measured yet angry response. The little snipe at Britain will receive far more press in Thailand than the UK, and can fool his followers into thinking Thaksin is as influential in England as he is at home. The reality, of course, is that the UK government really isn’t concerned at all. Thaksin is page seven news at best for most Brits.

The other remarkable fact about Thaksin’s interview is that he directly states he will return to politics and discusses conditions for his return. These conditions are very frank for a sensitive topic in Thailand.

But even in absentia the former PM’s aftermath is still being felt, as tensions rise by the minute in Bangkok.

Wednesday, September 17, 2008

Somchai Wongsawat

Who is he?

Brother in law of Thaksin, a former judge and justice minister. Thailand's new Prime Minister and the first Thai PM whose name I pronounced correctly at the first attempt.

What happened to the previous PM?

Samak Suntarajev was another victim of the battle between the (democratic) executive and the (undemocratic) judiciary. He was found to have been in dereliction of duty by appearing on a TV cooking show whilst serving as PM. In reality, Samak accepted no payment. His driver was given 4,000 baht, which would probably be less than the PM kept in his back pocket for a trip to the Seven Eleven. Samak loves cooking and his appearance on the show would be no different to a UK MP who liked football appearing on "A Question of Sport".

The guilty charge removed Samak but left him open for reappointment. However, factional infighting led to a new appointment.

Will Somchai make a good PM?

In theory, yes. He is very different to Samak in his smooth style of speaking and modern style of presentation and mannerisms. He is intelligent, progressive and experienced.

So things are looking up?

Not necessarily. The PAD have already stated their case by demanding Somchai brings back Thaksin. The PAD surely know full well that Thaksin's brother in law will never bring him back. Likewise, the symbolic significance of appointing Thaksin's brother in law lends crEdence to the theory that the whole ongoing saga is a war of attrition between Thaksin Shiniwat and old elitists such as Privy Councillor General Prem.

It doesn't matter how many times you swallow the same remedy, if the diagnoses is wrong, you still get sick. Somchai Wongsawat is a capable PM, but he - like Samak - will be unable to achieve much as the warring factions - some visible, some not - continue to fight.

Politics is exhausting me. I think I'll return to my teacher's diary.

Tuesday, September 02, 2008

Vindication of the stripes

I don't get a huge amount of interview requests - which is hardly surprising since I'm not a journalist or a celebrity - but the occasional offer does come up. This weekend though, I got two requests on the same day, which is a first. One was for an Australian radio station (via an old colleague) and the other was for a very well known international TV station.

To make the coincidences even more pleasant, both requests dropped in on the day that my 2007 prognostications of the fortunes of Mr Thaksin and Manchester City were more or less vindicated. When Thaksin first bought out MCFC, my article was plugged on the front page of 'The Nation'. Amongst the rebuttals came a bash from Matt Crook - probably the most popular blogger in Thailand at the time - who said it "makes perfect sense" for Thaksin to buy City. It didn't. It was a purely political move, and the decision to sell now is not related to the assets freeze - that happened before the purchase - but is in fact a face-saving gesture to avoid failing the "fit and proper person" test required by the FA for all majority shareholders.

Thaksin was never keen or knowledgeable about football. He once said he wanted the City fans "to treat me as one of them". Well Mr Thaksin, you failed that test, too. Fans never walk out on their club.

Back to Bangkok and the ongoing mess. I said recently that the scene was "eerily reminiscent of May 1992". Bangkok Pundit responded - I'm not sure if it was to me or someone else - by pointing out the lack of fatalities in the ongoing protests. In fact, when I said the new events were "reminiscent", I meant more in atmosphere than in violence. But of course, today saw the first fatality. I hope it is the last, but I fear not.

Thursday, August 07, 2008

What's next in the Shin Trial saga?

So imagine you are Thaksin Shiniwat right now.

Your wife has been sentenced to jail, and you are facing a series of corruption charges, yet amazingly you have been allowed to leave the country and so has your wife!!!

Hmmm.....things seem very convenient all round.

The way I see it, these are the possible outcomes of the ongoing Shin trials:


1) Thaksin is cleared of all charges.

Remarkably unlikely. This would be a massive loss of face for Sondhi - and therefore the military by association - and the junta designed AEC. There is also an extremely strong chance that some of the "unseen hands" as Thais call them would be most unhappy. The PAD would take to the streets and would see a likely increase in support. Tensions would rise.


2) Thaksin is found guilty but just given a fine.

A distinct possibility but would not seem to help any matters. The PAD and those against Thaksin would see it is a trade off and would feel Thaksin and his cronies would scheme for a comeback. Thaksin would be angry over his loss of cash and face and his supporters would still be wary of the PAD demonstrations. This outcome would be the political equivalent of a goalless draw.


3) Thaksin is sentenced to jail.

Probably the most just decision but a risky one. It would require nerves of steel on behalf of the courts, the military and the unseen hands. The anger of the many Thaksin's supporters in the villages as well as in parliament would be raised further by the inevitable celebrations and gloating in Bangkok. The PPP and its associates would set themselves on a comeback for Thaksin and clashes would be inevitable It would be a victory for transparency but at what cost?


4) Thaksin jumps bail and flees.

How convenient for everyone. The elite get shot of the man they hate. The PAD are shot of the one they dislike, the military save face, the judges can breathe again and nobody has to worry about mass security threats? What will happen to the seized cash? Perhaps it's best not to ask?

So it seems that perhaps Potjaman Shiniwatra being allowed to leave Thailand whilst on bail from a three year jail sentence might not have been such a poorly considered move by the courts after all. Potjaman left Thailand today - ostensibly to go see the opening of the Beijing Olympics - with six large bags.

What odds on her return?

Thursday, July 31, 2008

History in the making

Something special happened in Thailand today, a 'Khunying' (roughly equivalent to the western title of "lady") and wife of a very influential politician was found guilty of a crime.

As Pundit points out, the length of the sentence is significant as it disallows suspension. The appeal will be heard at the Supreme Court. Many are predicting a lesser sentence for the appeal but then many - including myself - predicted a fine rather than a jail term for this hearing.

Politicians in Thailand have always been corrupt and many have argued that in this context the Shinwatras are being persecuted. However, two wrongs don't make a right. Thai politics is immature and is still struggling to get past the stages of rampant corruption, but whatever the reasons surrounding this sentence (old money vs new money , the old elite stifling development of younger politicians, etc.) the fact remains that the decision was just and sends a signal that money doesn't always buy you justice.

Thaksin must be worried about his upcoming cases. The number of cases alone is cause for worry. In the past, post-coup trials of politicians have always ended in a farce, this time it looks like things could be different. Still, it's not over yet.

Wednesday, June 25, 2008

Pastrygate - Thaksin's lawyers wot dun it

Bangkok Post

It's interesting that the whole case was resolved so quickly. It's also interesting that Thaksin's lawyers - highly educated, experienced and well aware that 2 million is chicken feed to Thailand's hi-so, would apparently try to bribe judges with such an amount in daylight.

Very interesting.

Tuesday, April 29, 2008

The flag

From The Nation:

Foreign Minister Noppadon Pattama said Tuesday he would contact Manchester City Football Club to investigate how a Thai national flag bearing the name "Thaksin" was displayed at the club's stadium.


I'm no fan of Thaksin (maybe you heard?) but this should not be made into something it is not. It's a long standing football tradition for fans to put up flags as banners. Often that will be an English flag (the cross of Saint George) or a Union Jack or the national flag of the player or hero in question.

Fans like to express their allegiances. At England games, the fan flags will often have the name of the fan's local team written across the middle. This is particularly popular with supporters of smaller teams.

Otherwise the name of the team's star player will be written across the flag. Sometime fans go further with their merchandise. For example, during the nineties when Uwe Rosler was a star striker at Manchester City, City fans had T-shirts bearing the slogan "Uwe's grandparents bombed Old Trafford".

The three banded Thai flag (nation, religion, King) would certainly not be disrespected by City fans and surely expatriate Thais would be well aware of the consequences of such an action. It pains me to say it, but I think Noppadon is correct in saying this is the actions of westerners who simply did not realise there was a big cultural issue at stake.

Saturday, April 05, 2008

How times change........

In today's Nation:

Former prime minister Thaksin Shinawatra Saturday urged Thais not to believe a fortune-teller who predicted bloodshed next month.

Before boarding a plane to Cambodia, Thaksin said the people should not be serious about predictions by fortune tellers.



And from the Bangkok Post last year:
Potjaman Shinawatra, wife of deposed premier Thaksin, went to see a renowned foretune-teller during her visit to Chiang Mai on Friday, according to local reports. Khunying Potjaman met with Warin Buawiratlert at around 1.30 p.m. and spent about 1.30 hours with him.



NY Times (and many others) in 2005:

Prime Minister Thaksin Shinawatra declined to answer reporters' questions until next year, saying that astrological signs, especially Mercury, are not in his favor.




So I guess whether we should believe fortune tellers or not depends on how much we want to believe what they say.



Wednesday, March 05, 2008

Who is the mysterious man?


Hat tip to Piset from TN blogs.


Note for non residents: the depth of a Thai wai is realtive to your status and the staus of the person you wai to, so a wai this deep is indicative of someone greatly superior to you.

This man should not have been waiing Thaksin, he should have been upholding justice and neutrality and - in reality - arresting him.

Welcome to Thailand!

Friday, February 29, 2008

Thaksin's perfect PR

Whether you like him or not (I don't) there can be no doubting that Thaksin Shiniwatra is one of the best media manipulators of all time. Should the telecommunications tycoon ever seek a new challenge, he could surely become a billionaire all over again as a PR consultant.

The publicity stunts are nothing new to him, of course. When Thaksin first came to power in 2002 and suddenly became charged by the NCCC for his "honest mistake" , the PM would actually arrive some distance from the courts and walk the rest of the way. This was so he could be mobbed by cheering supporters and accept their gifts before delivering one of his stirring populist speeches. In a country with judicial systems and checking bodies still being developed, it placed serious pressure on those who deliberated over his future. One judge admitted he had felt "heavily pressured".

Perhaps it was a learning experience for the PM, as he played the style of the benign victim extremely well whenever he came under pressure. During the class clashes of '06 Thaksin would frequently rally his supporters in the north with talk such as: "I want to supply a computer for every kid in school! Do you think that is cool?".

Still the best was saved for the international audience after the coup. In Jan 2007, as CNN cameras rolled, Mr Shiniwat sat looking almost like a school kid as he told the interviewer "I don't believe that this can happen again in the 21st century". The former leader has understandably never sounded his most confident when speaking English but there seemed to be extra shyness in his voice that day. Viewers must have felt great sorrow for him.

And finally of course, who could fail to be moved by the sight of the prodigal son kissing the ground in delight as he stepped on Thai soil yesterday? I guess he managed to hold his delight until the cameras could film him, or maybe the carpet of the VIP room at which the former fugitive was dropped off just didn't seem as tempting.

Yet the master stroke was still to come. Thaksin must have smiled to himself as he launched a 'coup' of his own, the ultimate PR stunt. Behind his entourage , immaculately suited, came Manchester City players Casper Schmeical and Kelvin Etuhu. The former may not be as legendary as his father, but the sight of EPL players was all that was required. They waved and smiled to the crowd who returned the compliment with cheers and shouts of delight. I swear, if you didn't know better you'd think it was an FA Cup victory parade. A perfectly crafted moment reached its pinnacle when the duo announced they had come: "to coach Thai children".

And who was the man responsible for this? Who did the duo describe as: " a good man who loves Thailand"? Why, the same man who the old elite want to charge with corruption! The message was lost on nobody.

Populism has been around as long as politics, but I wonder if anybody has ever quite embodied and epitomised it as well as Khun Thaksin. Whatever anybody thinks of his antics, his public relations finesse can never be denied. The only question is : does he put that genius to use for better or for worse?

I wonder if a certain senior statesman was so impressed with the show, and how much did it cost Mr Thaksin for that show to take place at all?

Wednesday, February 27, 2008

So what has been happening?

Apologies for my lack of blogging as of late. There have been rumours - I can nether confirm nor deny them - that this is due to my second purchase of an Xbox360.


  • Chalerm has given a job to one of his charming sons.
  • Yongyuth "the refrigerator" Tiyapairat has been charged by the ECC for vote buying.
  • Thaksin is due to return now that the undermining of the judicial system has begun.

Note that the 'old money' elite have been deafening by their silence during all of this. This is not due to their love of democracy or patience with the PPP. This is simply waiting for a chance to strike. Anupong Paochinda's call for everyone to allow Thaksin to return simply echoes of Sondhi's promise that there would not be a coup.

Also of note is Pracha Prasopdee's threat to drive PAD leaders out of Thailand if they protest again. Prasopdee says this would be done for "stability", his verdict is an interesting contrast to the constitution's promise that people can protest peacefully, weather Prasopdee likes it or not.

Wednesday, October 31, 2007

ASC seek to arrest Thaksin's daughter

The Bankok Post reports:

(BangkokPost.com) - The Assets Scrutiny Committee (ASC) handed documents to file criminal charges against Pinthongta Shinawatra, daughter of ousted premier Thaksin, with police at Bang Sue station for her refusal to testify about the Shin Corp share case after being allowed to postpone the process three times.

ASC official, Monthien Charoenpol, handed documents to related authorities which the committee hopes will allow police to issue an arrest warrant for her.

Ms Pinthonta recently attended a meeting with ASC's sub-panel investigating the Shin Corp share deal with Singapore's Temasek but refused to testify, claiming that she could inadvertently jeopardize her parents' defense case.

She had asked the ASC three times to postpone her testimony before she submitted a written letter refusing to give a statement to the ASC.

Police will deliberate the ASC's documents and are expected to decide next steps to be taken by the end of November.

Ms Pinthonta faces a 6-month jail sentence and/or a 10,000 baht fine if found guilty.



Now, the usual defences for Pinthongta will be trotted out: ASC are persecuting Thaksin's family, etc. The fact is, Pinthongta - like the rest of her family - has come up with an endless list of tenuous excuses for delaying her testimony before the ASC. If she had nothing to hide, the testimony would be a breeze.

Now she has run out of excuses and is simply refusing to be held accountable. One wonders, will she stay in Thailand now? Will she be allowed to leave? If Pinthongta is arrested, will it tempt dad back to Thailand?

Friday, September 07, 2007

The debate on Thaksin and income equality (round 2)



Jotman has sparked me to blog again. The man who put forward the "theory" that thousand of Bangkokians and PAD members took to the streets in rage because of a "decline in income gaps" and motivated me to type a long response (Jotman had looked at a gini coefficient chart that amounted to a maximum gain of 910 bhat for Isaan people on Bangkokians) has now put forward another argument.

This time Jotman champions Thaksin's anti poor initiatives because of his "analysis" of the data. It appears "analysis" means he looked at two separate charts posted by Bangkok Pundit.

Jotman blogs:

Money was put to good use. Loans did not wreck the Thai economy. Whatever you call them, Thaksin's anti-poverty measures transferred lots of cash into the pockets of poor Thais. In the West, when the state makes it easier for poor folks to obtain credit, we call it social assistance. But for some reason, when this happened in Thailand -- and millions of poor people actually got their hands on some money -- they call it "bad policy."

Largely disparaging accounts of Thaksin's anti-poverty initiatives do not jive with my own analysis of the data. The fact is that Thaksin's tenure was marked by sweeping poverty reduction, despite a relatively modest increase in GDP. And if you couple this observation with the strong evidence that broader access to debt financing gave more people access to durable goods such as housing, amounting to welfare by another name.



With great respect to Jotman , I simply couldn't disagree more and I wonder how much research he has really done on his politics. He does not allow comments on his blog, so I'll have to make my response here.

I also note Jotman referred to my last post and claimed I suggested that economic data on household debt could be "bogus". Actually what I said was that the data could have been handled liberally, I certainly did not suggest it was a blatant fake. (I don't think Jotman was being malicious though, I'm sure it was a miscommunication. Thai political bloggers in English tend to be a very good bunch who like a good debate without dropping to the flame war nonsense we get so much of on line.)

Jotman also responded to my post by repeating polemics from Bangkokpundit "If Thaksin manipulated the figures, why doesn't the current government tell us the real figures, they have now had 11 months?"

This may be a good point of polemicism, but it is not an answer. How did Thailand accumulate its data on salaries if a huge proportion of Isaan farmers have no official salaries?


I don't want to make this post as long as my previous one, but let us begin by taking a look at the policy platform that formed the catalyst for Thaksin, the most dynamic and controversial politician in recent Thai history:

1) War on drugs. (A full length blog in itself. In a nutshell, the crooked police went on a killing spree with Thaksin's blessing).

2) War on corruption (A bit like David Beckham declaring war on football).

3) War on poverty or to be exact, a target of zero poverty in six years. (This is the same man who promised to eliminate Bangkok's traffic congestion in six months. I'm still waiting for him to promise Manchester City to win the Champions League "within three years").

That final goal included a 30 baht health care scheme, a debt registration programme and a Village Fund Scheme.

In short, TRT set up a huge credit system and a debt moratorium for the poor.

One of Thaksin's first acts was to transfer the sum of .....wait for it.......seven hundred and eighty one billion baht of bad debts to a state asset management company. When Jotman talks about "the rate of non-performing loans is on the decline" I wonder if he realises the reason why. The spate of NPLs borne from the Asian Financial Crises of the nineties has been transfered to the state.

It doesn't stop there. Thaksin set up a Village Development fund, an SME loan system and an Agrarian Bank all for the purpose of directing credit at the poor and clearing old debts. After repeated failed negotiations with commercial banks, Thaksin gave up and simply cleared the debts via state groups for the government banks and basically forced them to lend.

And lend they did. Under the Village Development scheme, village leaders were given one million baht and authorised to allocate the funds (a maximum of 20k per time) to villagers. The Agrarian Bank set up a small loans system. Credit card restrictions were loosened and allocated to smaller earners. The name of the game was credit, credit credit.

In essence, it was a huge gamble on stimulating consumption and to an extent, it worked, albeit at the huge expense of the state via quasi fiscal spending (another point Jotman omits to note as it does not suit his argument). Private consumption went up above pre crisis levels even as productivity decreased.

But how was the money spent? If it was directed into investments, produce and education it could have been highly beneficial. However, despite the rhetoric from Jotman that "money is being put to good use", genuine research tells another story.

The poverty figures quoted by Jotman come from the NESDB ( National Economic and Social Development Board) . I am unable to find any other data covering the same period so we have to take NESDB's word for it, but there is a problem....


The NESDB stated that of all their funds distributed in the Village Development programme, only two percent were used for consolidation purposes. Meanwhile the Chamber of Commerce estimated that forty percent of recipients used the cash to consolidate other debts and a survey by a farmer's group put the figures as high as seventy percent! (Source: "Thaksin: The Business of Politics in Thailand" by Pasuk and Baker)

Given these monster discrepancies, can we put absolute faith in NESDB figures?

So let's re-cap. Thaksin allocated a lot of credit by forgiving bad debts (at state expense) and pushing unwilling banks to allocate further credit to create a consumption stimulus. Now let's look at the aftermath of all that spending.

Household credit did increase substantially, despite Jotman's claims that it was "relatively low measured against other countries" (Jotman was referring I cited in my previous blog concerning his 'income equality' argument which I felt was totally untrue) . Thailand's own levels of debt rose substantially but not alarmingly. However, what is alarming - as stated in the same paper and explained by myself in my previous blog - is the artificially low interest rate, the fact that Isaan people see debts as the greatest burden and their vulnerability to economic shock. A hike in interest rates could spell serious trouble for this sector.

So what Jotman's analysis amounts to is two graphs, one of which is highly suspect. The reality of the situation is that we have is a scheme that may have stimulated short term consumption (credit to Thaksin for that) but coincided with a drop in GDP (which ironically Jotman cites as evidence for Thaksin's greatness) and a highly vulnerable group that have used debt through official channels for consolidation, have not received genuine opportunities for further investment or education and could be set for massive default loans if the economy does not pick up as expected.

It may sound cynical, but it's a fact that throwing money or credit at people who lack the education or understanding to use it does not help in the long term. Left wingers and Thaksin apologists often respond to this argument with knee jerk, fashionable accusations of "contempt for the poor" or something similar. In fact, such observations about the reality of the situation for poor people in Thailand are in my opinion the kindest and most respectful. The rural workers of Thailand are wonderful people who play an important part in tradition, culture and productivity. They deserve more than 'short fix' schemes designed to buy votes and allow corrupt politicians to run rampant. They deserve huge investments in education that allow them to change the future for their families.

Thaksin undoubtedly had some good policy platforms for the poor. Some worked, some did not. His populist rhetoric and encouragement to indulge in great credit may yet prove to be a great liability.

Oh by the way, there is a another part of Thailand suffering from poverty in the deep south. Little has improved for them.

Let me leave you with these two quotes:
"The fact is that Thaksin's tenure was marked by sweeping poverty reduction, despite a relatively modest increase in GDP. And if you couple this observation with the strong evidence that broader access to debt financing gave more people access to durable goods such as housing, amounting to welfare by another name"
Jotman



The Principle of Productivity of Debt asserts that the ratio of net gain in GNP to the gain in debt must never be allowed to become negative. If this principle is observed, then debt is properly harnessed and constrained, and is socially beneficial, It makes a positive contribution to economic growth and public welfare.

Antal E. Fekete
Professor Emeritus
Memorial University of Newfoundland

Thursday, August 16, 2007

Truethaksin watch pts 3+4 : The final chapters (but for whom?)


(Sorry this piece is long. I put two articles into one to avoid 'bombarding' , I wanted truethaksin watch to be no more than three pieces.)


So ends Truethaksinwatch, at least for now.

When I first scanned the truethaksin site, I was expecting rebuttals to be painstakingly exhaustive. I really thought I'd have to re-read a lot of books, dig up old newspapers, make calls all over the FCCT and basically re-live my studies of the last few years. In fact, the whole thing was easy, disappointingly so.

It reminded me that Thaksin and his site are all about propaganda. It doesn't matter to him that it's mostly polemics disguised as fact. Despite its motto, the site was never meant to be about truth. It was designed to incite and encourage supporters in Thailand who have already decided he is wonderful and to overseas viewers who are already expecting a clear cut case of a nice, honest democratically elected leader unseated by nasty generals.

When viewed from this angle, the site does well except for its awful use of English.

One final point. I don't normally use article quotes and then interject my own comments. To me, this can come across as a 'cheap shot' or a debate where one side cannot respond. I have only done it here because there are so many untrue or misleading statements on the site, this is the only way to deal with them properly.

Enough waffle, let's find the "legal facts" as the site calls it........



*******************************************************************



The junta claims Dr.Thaksin a corrupted politician, but no single fact can be proven and now they want to do more worse things to Thailand. Here it from one of their own supporter!

Luckily, the rest of the article is not written by Mr Thaksin or a crony, so the English is comprehensible.



Bangkok Post, 9 August 2007, by, M.L. Natakorn Devakula


M.L. Nattakorn Devakula is a news analyst and he is the son of the former Governor of Bank of Thailand and former Deputy Prime Minster of the military-appointed government; M.R. Pridiyathorn Devakula.

Aha! So this should be a highly educated, well cited and very difficult to rebuke defence right?



ASC's life extension is extra-constitutional

If you try to call up one case where the Assets Scrutiny Committee ( ASC ) has concluded all its findings and where there has been a victorious prosecution of the accused in a court of law, you will find yourself at a loss.


This is because up until this point there has not been a single case originating from the ASC where former prime minister Thaksin Shinawatra and his colleagues have been found guilty by a panel of judges. If you do not believe this, you are welcome to look up the details.

What? This reminds me of the 'South Park' parody of the OJ Simpson trial and the lawyer's "If Chubacca lived on Endor you must acquit" defence. The writer's "you can look it up" defence seems to suggest some kind of exoneration of Thaksin because the judicial process is not complete. Of course, if the cases HAD been rushed through there would be an uproar of people accusing Thailand of being a "kangaroo court".



The furthest a case has gone is the Ratchadapisek Road land deal that has been accepted by the court. Prosecution has not even begun, and even if Mr. Thaksin is eventually found guilty it would be indirect redemption, since it was his wife who purchased the land from the Financial Institutions Development Fund. It is not necessarily comparable to catching someone with their hand actually in the cookie jar.


Ah, but what khun Devakula forgot to mention is that Thaksin has signed a consent form for the purchase. He is forbidden to do this by law when dealing with a government office transaction involving a spouse or relative. Thaksin can only defend himself by trying to convince the judges he did not directly control the FIDF and didn't even feel it necessary to check any concerns before signing the form. This defence in my amateur opinion looks weak given that three of the nine committee members of the FIDF are from the MOF and another from the OAG.

In any case is "no hand in the cookie jar" really the best defence statement available from a prminent figure to post in defence of Mr. Thaksin?





Upon learning that the National Legislative Assembly had, quickly and without warning, passed the bill which extended the ASC's life-term till June 2008, I was shocked.

Not as shocked as I was at reading some of this nonsense masquerading as "legal facts" on Thaksin's own web site!

First, the original cabinet-proposed term extension was for the ASC to continue operating until the termination of the current cabinet. Or, at the longest, the ASC would continue to exist until a newly-elected administration came in. It is beyond a democratic citizen's comprehension how a body that derives all its powers from military edicts has been granted tools equivalent to that of organisations created by a constitution. As part of the ASC's term-extension bill, the anti-graft body's status was also lifted to the level of National Counter Corruption Commission ( NCCC ).

There is another side to this. Thaksin and his family have stalled and procrastinated at every turn. The family have had a whole wealth of unfortunate illnesses sweep over them that have endlessly delayed testimonies. The AEC were honest enough to allow deadline extensions.

If the role of the AEC was unable to be fulfilled due to these delays, what would be the point? How would justice be served and tax money justified? The only formal objection was made by Klanrong, and AEC member who happened to be head of the NCCC? Now for ten points, can anyone tell me why the head of a slow and inefficient graft commission might have a vested agenda protesting the AEC term extension?




One must seriously consider the extensive powers of the ASC. It has the ability to apply laws within the confines of the NCCC and the Anti-Money Laundering Office ( Amlo ) . This means it has the ability to temporarily seize assets and prosecute even when the attorney-general decides not to take cases. The near-limitless powers of the ASC constitute some of the most egregious violations of legal practice itself.
Does anyone actually understand this last sentence?



It can act without constitutional logic, institutional check and popular accountability. Its decisions cannot be questioned by other constitution-born agencies, while its powers cannot be shrugged off by anyone -- from low-level bureaucrats to even members of the present administration. This has been seen in the ASC's attempt to purge a gargantuan number of senior-level officers of the Ministry of Finance.

Who were suspected of stalling and providing cover for tax evasion.



This particular example of an attempt emanates simply from a difference of opinion on what income is deemed taxable.

No it doesn't. It originates from suspicion of collusion and incorrect process in tax collection due to coercion.


Another case emanates from the Finance Ministry officials' following of a cabinet resolution to sell above-ground two-and three-digit lotteries. The ASC has shown its potential to perhaps abuse CNS-granted powers.

That last sentence is an oxymoron. So many AEC protesters state that the group is unfair or can abuse power. The same group then point to Thaksin's innocence by saying "Look! None of the cases have gone to court yet!". The reason for the second point being true is because the first point is untrue. Genuine judicial process in graft cases takes time.



Thailand needs to look at itself in the mirror and picture this ad-hoc agency, and ask itself the following questions: What has a democracy come to (this is if we are one in the first place) when bodies arisen out of a coup d'etat last beyond the lifespan of the very executive apparatus that ruled in power during the post coup -- aftermath? What happened to the idea that once a new constitution has been drafted and elections have been set in place, coup -- makers must head back to the barracks and coup -- related agencies back to their benches? What happened to the idea of holding agencies constitutionally and popularly accountable?

I question the linearism of this writer's logic. The reason the AEC needed to exist in the first place is because the agencies in place were simply inept. They had been rendered impotent by a political juggernaut called Thai Rak Thai. If the independent checking bodies had been truly independent and honest in their work, the AEC would never have been required to exist.



The ASC has to date gone after state bureaucrats who are, for some reason, held at fault for following politicians' orders and the dictates of cabinet resolutions.

Because it against the law to follow orders to break the law. Any state bureaucrat should know that and if they were intimidated, their defence should be accepted.



The ASC has to date gone after friends, relatives, wife and children of Thaksin Shinawatra. The ASC has to date gone after ministers and high -- level executives, which due to a sense of over -- imagination and obsessiveness are thought to be cronies of the former PM.


I can't help but wonder what gives this journalist his overwhelming since of sympathy for the Thaksin family. Notice he gives himself leeway by declining to name the other chargees, thus allowing his "over -- imagination and obsessiveness" to go unchallenged.




While loathing anyone seen to be associated with the former administration -- real or imagined -- hawkish and obsessive ASC members have let their eyes off the ball. The original goal was to handle Mr Thaksin, not purge hardworking and low salary -- earning state officers or bystanding businessmen.

Nonsense. Utter propaganda designed to depict the AEC as bullies of corrupt millionaires.




The ASC's job, since its inception, was to rein in Mr Thaksin on corruption and prove the cases in a court of law before placing him in jail.
Actually it was to forward cases to the relevant body (usually the OAG) for prosecution, not to prove the cases in court themselves.


Instead, it has sidetracked by going after alleged cronies and relatives, To compound these mistakes, the junta -- created body has illegitimately frozen assets of the former PM, thus pushing him further into a desperate position.
Did this writer not state earlier in this article that the AEC had power to freeze assets? Now it's " illegitimately" ? Make your mind up Natakorn!


In desperate times men resort to desperate measures, and the ASC will, in addition, be held partially accountable for Mr Thaksin's political retaliation. The book by Sunisa Lertpakawat, Thaksin:Where Are You?, sheds light on the impact the assets seizure has had on the former PM and how it may play a role in pushing him back to fight in the political arena.

He'd need to return to Thailand to do that. The "return to politics" was an impetuous threat during a game of bluff between Thaksin and the junta. Nothing more.


A term extension is not what the ASC deserves.
I really wonder about this writer's impartiality. The AEC needs a term extension because it has been unable to complete its duties due to stalling by people heavily charged with corruption.



A censure motion and closer scrutiny -- in other words, a little bit of their own medicine -- are rather more appropriate, considering the sweeping and indiscriminate application of NCCC and Amlo powers to those who had nothing much really to do with the previous regime's corrupt ways.

The AEC can now be charged so they are accountable. Notice the repeat of the previous tactic "nothing much really to do with the previous regime's corrupt ways." is devoid of names or examples. The writer protects his own made up nonsense.



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Junta's Intervention of Justice Part II

The Military knew the coup would not be acceptable by any civilized and democratic society. They have to push so hard to justify all their actions and also to pave the way to power for the junta's leaders.

So if the Democrats win the election, is Abhisit a junta leader?



The military knew they could not run the country for long nor can they control other branches of sovereign power, particularly, the judicial. They knew their time was running out. They also knew it is impossible to leave the power to the public without bearing the consequences of their abuse of power. So many wrongful acts and allegations have occurred, so many laws have been violated; consequences of these actions will follow.


I love that prescient last sentence. It is so true in more than one way.



That is the rationale for Section 309 of the junta's proposed draft constitution:

Section 309: Any and all actions which have been confirmed or acknowledged by the provisions of the Interim Constitution of 2006 to be legitimate and constitutional including any and all actions relating to those matters whether occurring before or after the date of this Constitution, shall be deemed legitimate, lawful and constitutional.


Very true. It's sad fact that the junta were always going to project themselves and their attack on democracy. However, this text is all based around "they are more wrong than me" argument





Further, the military and their servants knew well their acts were illegal and unconstitutional, and many of these can be classified as "crime". The "universal" amnesty provision is good but may not be enough if in the future, certain judges would find the amnesty provision "unconstitutional"

Then, what shall the junta do?

Simple answer: The junta needs to make sure their servants remain in charge of the Constitutional Tribunal for the next nine years. All lawsuits filed against the junta and their servants, like the lawsuit of the Asset Examination Committee which issued various illegal assets freezing orders, and any future lawsuits by those harmed by the coup, will be heard by the junta's selected group of obedient servants. Just like the tribunals which followed the orders of the junta's leader to ban the Thai Rak Thai Party.

Constitutional judges are appointed by the king up senate advice. How does Thaksin prove they are "obedient servants"? My Thai wife finds such a statement highly offensive.


Don't just listen to us.

Don't worry. We won't.

Hear what the leading independent law lecturers of Thailand have to say about this issue:


The following are English language summaries of the statements on Rejection of the Proposed Draft Constitution issued on July 6, 2007, by six law lecturers of Thammasat University, namely Assistant Prof. Dr. Vorajet Pakeerat, Assistant Prof. Prasith Piwawattanaponich, Assistant Prof. Dr. Janjira Iam-mayura, Dr. Thapanan Nipithkul, Piyabutra Sangkanokkul and Teera Sutheewarangkul:

"3.5 It is eminent that the Proposed Draft confers extensive and additional power and authority on the Judiciary. For example, all selections of personnel for those independent government bodies setup by virtue of the Constitution will require approval by the President of the Supreme Court or his designated person as well as the approval by the President of the Administrative Court and the Chairman of the Constitutional Tribunal or their designees. In regard to the judiciary, the Proposed Draft involves the judiciary in politics through the nomination and selection process. Further, all political disputes shall now be subject to the judicial branch through its "criminal division for politicians". Any disputes in relation to the election will also be decided by the judiciary, not by holding a new election. It is clear that the judiciary will monitor and balance the political activities but there is no mechanism to monitor and balance the power of the judiciary!

In the '97 version the selection for independent bodies was made by HM The King upon advice from the senate.

I would not be so foolish as to question a law lecturer but I would ask them: What is the massive difference between appointments by the judiciary and by HM The King with senate advice?

If the reply to this was "The senate are elected" I would ask : given the huge problems in senate elections and the general public acceptance that the senate is far from impartial, is it not better to have a panel of judges make a decision?

The senate was described by one of its own members as "only twenty to thirty percent truly impartial" and by an MP as "a slave house". The Constitutional Court has a reputation for being almost unlobbiable.



3.6 It is worth mentioning that this is also the very first time in Thailand that the provision of the Constitution provides specifically for the extension of retirement age of the judges, from 60 to 70. The issue is not whether the retirement age of the judges shall be extended or not but why is it so important or critical that such provision has to be stated in the constitution!

Is the retirement age an issue of human resource management? If so, the issue shall be dealt by the legislature to decide according to the policy of the government. We have to record our note here explicitly that this extension of retirement age has not been addressed at the public hearing




Again, I cannot question but I wonder what the big del is? Retirement age for judges was stated in the '97 and '91 constitutions. The age has been extended and stated as such.


.........................................................................................................................................

3.8 The specific provisions of the Constitution provide for the succession of power, duty and personnel appointed by the junta. Especially, these appointed to various independent government bodies under the Constitution will remain in their positions for the complete term after the upcoming general election.

These people have no rights nor justifications to remain in these positions once there is a general election, which will happen in the near future. If necessary, these appointees shall remain in their position but just for a certain period so that the people's representatives can select new qualified persons for those offices after the general election. This means the people will have no power to direct these independent bodies for the next decade.

There is no provision in the Constitution that limits or restrict the military's appointees to run for parliament or to be selected as senators.

True. The final point was a major issue after the previous coup when Suchinda enacted a constitutional clause allowing him to become PM. I am also not a fan of this clause but it's worth noting that Sondhi doesn't seem to be a popular candidate even if he does run!


Section 308 of the Proposed Draft also empowers the military-appointed cabinet to setup "Law Performance Commission" without any explanation nor clarification as to terms or purposes or scope of duty.

There is no other way for us to comprehend these matters but to conclude that this is the succession mechanism designed by the junta to preserve their rights and power against the interests of the people"

This clause has not yet been translated. If we are to take it as stated here, such an ambiguous term is slightly alarming.



After all these facts, when one seeks to gain personal benefit, can that one still perform his/her functions for the public? Can one look at this extension of retirement age as a 'bribe'? Can we still have faith in the justice of Thailand ?

OK just one argument. Bribe for what? For following the law to the hilt? Being highly articulate when doing so? For incriminating a party that broke constitutional law?