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Thai Talk
Analysis and comments on political and current affairs
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Monday , July 7 , 2008
Thai officials bribed by Japanese contractor...
Posted by Yoon , Reader : 583 , 16:53:02  
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The big question is: Who was the Bangkok governor at that time? Once you get that answer, you will scream: "All hell will break loose..." 

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comment 23
Plaadip date : 16/07/2008 time : 13.22

I unserstand. But I think they made that contacts through the official cannnels and did the interogation with Thai officials. In the reality of the interational investigative cooperation, usualy the foreign investigators joined the investigation as observes and sometimes directly investigate suspects with the concession of the local low inforcement authority. You probably know how the US secret services are working with Thai Police to bust US dollar counterfeitors.

I know several cases that the US embassy officials and members of secret servicis came to prison and met the convicts of fake dollar cases for more infromation to ectend their investigations. This may not be leagal, but it's a realily. And Japanse investigators are usually more coutious than Amricans according to the level of influence to this country.

BMA's attitude is a bit strange. They may have some reasons that they don't want to touch Italian-Thai, who is one of the biggest constractors of public works in Thailand. Suing the Japanese government is foolish idea. They rather have to sue the press, should this turn out to be untrue, becuase the newspapers wrote based on leak, not base on the public statement of the prosecutor's office.

I still firmly believe that the Japanese contractor gave bribe to BMA officials. Again, the foul guy arrested for the violation of foreigh exchange law, don't have to confess the information, which could incriminate himself and his colleague, if it is not true. He does not have any reason to create such a story at all.

Samak's arguments is foolish as usual. The Japanse source, prosecutors or journalists gave their full names, that's why Thai knows they are Tigers's and Flag's T

I don't think prosecutors gave information to unofficial channels, like BMA, which is not governemt's investigative body. Por Por Cho, or prosecuters has to make a official request. I think the democrats get the information from Japanese press who usually know more than they wrote. And if they got them from newspaper guys, I think the infromation is true since I know how they work.
comment 22
wch date : 16/07/2008 time : 10.52

As of yesterday,
BMA handed all document to NCCC.
NCCC, in other hand,made a contact with a Japanese manager of I-N contract consortium, who denied to receive any money from his head office and all accounting documents of the consortium is orderly (to any investigation).

NCCC is reported to have made a contact with Japanese embassy for seeking for information from Tokyo's prosecution office, and they expect responces in a week.

This is the right formalities in diplomacy.
The reason I wrote first was, because of a local media who reported Japanese investigations team 'is now in Bangkok' and make contacts with the project personnel. It was the last week.

International operation to prosecute the criminals must be done in formal, diplomatic method. The police department has indedendent unit - Foreign Affairs Department who used to co-operate with foreign agents.

This case is very much sensitive issue that involves big figures of present Thai politics. Revealing the name initials S or T is regarded very much unscrupulous that may influence the politics of other nation. Also in the nature of Thai politicians and their degree of ethics, they used to make other nation and their national dignities as the laughing stocks, with derogatory statements. Samak did it already in last Sunday TV session,

" Japanese is Gaeng, How do they know S, T in Thai. What is the YEN ? ".

I know, Thai people finally make whole Japan as the scapegoat, the final criminal in this case and they will be gone with big laughter.
comment 21
Plaadip date : 15/07/2008 time : 11.34

I think that in Japanese laws it is legal to punish the crimes committed by Japanese nationals in foreign courtiers. For example, Child Prostitution is such a kind of crime that the bad buy can be prosecuted extraterritorially, even if the crime committed outside jurisdiction of the country, that's why a lot of pedos are being arrested and brought to trial based on the evidences through the internet posting, even though it was made extraterritorially. Usually, we don't need any other evidences, if there is clear photographic evidence proving that the crime was done. I think that the corruption cases also could be punished extraterritorially. And I don’t think they will violate Thai's sovereignty by directly investigating the case in Thai soil. There are official channels for international cooperation through the Interpol and the Japanese Embassy in Thailand.

I think it is better for Japanese prosecutors to ask investigation cooperation with Thai prosecutors to get more evidence on Thai side, in particular, affidavits of Italian Thai employee to tighten up on the case. But these evidences in Thai side will not be MUST to prosecute the case. I suppose that the confessions of main culprits plus some environmental evidences like account ledgers will be enough.

I agree that Italian Thai could be an initiator because it was the main contractor and must have better connections with Thai officials. But I think it is also true that the Japanese company is willing to share the burden to win the competition.

I think that this investigation is a part of the anti-corruption campaign of prosecutors which was initiated by the U.S. government pressure demanding the suppression of corrupted business practices in foreign countries to create a "fair" business environment for their companies. I think you know well what happened in the investigation of the CTX scandal. They strengthen their law against foreign corrupted business activity. Their logic is we(The U.S.)are serious about this. American companies comply with our law. So if companies of your country don't obey with the same law, our companies will have disadvantage.

Responding to the U.S. pressure, Japanese prosecutor started their investigation on the companies which has suspicious reputations. Other companies like Pacific Consultant International(PCI) are also being investigated for a bribery case in which Hochimin city Mayer accepted bribes from the ex-company's employee of the company.
(PCI is a consultant for the Suwannapumi Airport. The company's name came up in the AEC's investigation as an accomplice of several cases including Airport Link and CTX.)

So the government’s argument (DSI's comment I believe) that Japanese government try to discredit Thai government is a sheer non-sense. This is a part of the prosecutor’s campaign to bust Japanese companies engaging in illegal business practices and Nishimatsu is just one of them who unfortunately??? got in the dragnet. This government underestimated again the intelligence of Thai people, by believing that they can convince their people by using such a foolish argument.
comment 20
wch date : 15/07/2008 time : 09.32

This case must be pursued with Thai construction company, not with the prosecuation process of Japan onto its own national who might violate against the exchange regulation or the corporate accounting malfeasance that might have been committed by their own nationals.

This Thai construction contractor, Italian Thai Development Co., Ltd. has enjoyed since last 50 years in the sweet doldrum zone without any political intervention.

However I believe it is the time to give a hand in this matter because without thorough dissemination of such poltics-Business horney moon relation, the root of this historic corruption culture can not be corroded.

Wherever this and other two Thai construction firms are involved, there are the corruptions. And once be revealed, everyone tries to seal it off and the time makes them immemoired for good.

The land refilling contract of Suwannaphumi airfield had started from 1995 around and this ITD was the contractors. Everyone know this firm brought urban garbage to fill the swampy land, that now becomes serious problem of airfiled dampness, the incurable soil status that had caused immense damage to other contractors who performed the surface civil work.

This case was swept under carpet quickly by the company and by the related politicians.

If Thai state or the senate are interested in investigation of BMA case, they must issue official summon of the firm's CEO and CFO and at same time, must issue the state order to freeze any accounting document of the firm and start thorough investigations.
comment 19
Plaadip date : 14/07/2008 time : 16.37

If Sammak was not really imvolved in the case, he should have encouraged the invesitigation ,because this is about public interests. At least he must have pretended his eagerness for the investigation to ease public suspicion.

His suggestion that the court cleared the case is misleading. The adiminsitrative court decision was not about the bribary case but on the properness of public bidding process. So he misled the public again.

I don't know how much the procecutor extend this case since there is no follow-up in Japanese media. But even though the foul guy is being investigated jsut for the violation of foreign exchange law, the prosecutors's offcie usually used such a small case as a excuse to collect evidences for a bigger one. I think they confiscated some important documents , when they raided the construction company's headquarters in Japan. Otherwise, I don't understand why this guy had to confess the incriminationg information to the prosecutors. The guy himself is asserting he is not directly involved in the bribery case so he does not have to talk about if the prosecutors don't have any material evidence or other person's confession. Besides they usually made a lot of homework before got into cumpulsory investigation. (Even though, sometimes confession made because of the harsh, but not phisically tormenting, interogation. Redarding the implementation of criminal procedure law, Thai's is much more democratic and humane, at least for political criminals.)

If the innitial coming up now is true, the Japanse prosecutors know the full name, because they can't distinguish between tiger's S and chain's S, which means the foul gay talked everything about the counterparts in this darty bussiness. And if the prosecuter leaks the amout of money it should not be a vague estimation but the total of indivudal payments.

Thank you Piset for the Japanese greeting. I would inform you if I get anything new about this case in Japanse media.
comment 18
Plaadip date : 12/07/2008 time : 16.37

Comment 17 is really funny. He/She dosn't think this is a big news. A bribaty case which may be involved by Prime Minister of a country is big enough for the perss to become crazy in EVERY WHERE in the world. Maybe he/she studied English somewhere outside of the Earth.
comment 17
GGrass date : 11/07/2008 time : 12.08
http://blog.nationmultimedia.com/GGrass

There's a reason why I don't click on Yoon's blog.

I have only just read this blog because I ran out of blogs to read, and I was reminded why I don't click on Yoon's blogs coz they're usually disgusting.

Fellow bloggers, ask yourselves:

Why did Yoon post this blog?

A: To fight corruption
B: To feel 'sa jai' for exposing other people's dirt.

As PJ rightly feels, it is a puzzle how this could be a big news, but it is no puzzle for me. Just plain low class act, that's all.
comment 16
wch date : 11/07/2008 time : 08.37

"Serious defaults being found in the investigation formalities by Japan and Thai state parties are,
as follows :

"Thai Police must arrest the investigation officials of Japan who stay now in Thailand !!!!"
------------------------

The Joint Contractor ITD-Nishi jurisdic person is the legal Thai corporate who stays beyond Japan sovereignty.

The representative (managing partner) of ITD-Nishi joint contractors, shall be a Thai national who shall take whole responsibility of any deeds that have occured within Thai sovereignty.

The ITD-Nishi jurisdic person was registered with the commercial registration department and the department of the revenue of Thailand.

Out of total 2,000 m baht contract amount between ITD-Nishi jurisdic persone and BMA, Nishimtsu of Japan is responsible for only the amount of Yen currency amount equivalent to 600 m baht.
This 600 m baht contract service and the amount was made in independent contract - Import & Export, Service contract between ;
ITD-Nishimatsu Joint Contractors of Thai jurisdic person and,
NishimatchConstruction Company Ltd. of Japan jurisdic person.

This, Ex-Im Svc contract is within Japan jurisdiction and any state party of Japan can investigate on any suspicions of the irregulations.

Any state party of Japan is not allowed by Thai laws to intrude Thai territory and make investigations or enquiry with any state party of Thailand (BMA officials or the nature equivalent), personnel of construction site or third parties unless they are Japanese nationals.

Equally, any state party of Thailand (then senators, the democrat party members, BMA official, NCCC officials or the nature same) are not allowed to make the same deeds within the sovereignty of Japan.

Any investigation shall be made against ITD-Nishi Jurisdic person having registered office in Bangkok and its legal personnel in the primary principal party.

Nishimatsu of Japan stay as a referral party or stay in secondary principal party.
Any expenses having been remitted by Nishimatsu of Japan toward ITD-Nishi joint contractor of Thailand is regarded as corporate expenditures as a part of capital investment, and remains free from any bribery accusation.

Any bribery made by the joint contractor within Thailand or without Thailand shall be the deed of its managing partner or personnel and any Japanese nationals concerned, not holding proper non-immigrant visa and work permit of Thailand shall remain free from any investigation by Thai state party.

EXAMPLE.
The California state registered, promotion company made direct bribery to the official of TAT of Thailand.
Without having made any official investigation onto Thai party, California prosecution and court had suceessfully proved the guilt onto their own jurisdic party within USA sovereignty.

US party still remain Non-Conformity attitude against any inquiry having been made by Thai state party.

CONCLUSION
Any investigation being done presently in Thailand by Japanese prosecutors are illegal therefore.

"Thai Police must arrest the investigation officials of Japan who stay now in Thailand !!!!"
comment 15
wch date : 09/07/2008 time : 08.16

As BMA governor decided yesterday to despatch his auditors to Japanese prosecution in Tokyo to investigate more,

The governor or the Democrat must pull another case of SIEMEN of Germany, who were prosecuted by German authority in the Thai contracts.

This contract was made during Thaksin's second term and German investigation was done during the time of Surayudh goverment and naturally his government didn't want to highlight this case.

The Thai contracting partner tries to hide this case by taking a deputy minister position in Samak government.

This contract or several contracts are not belonging to BMA but to Ministry of Communication of Thaksin government.

Look at the airport link elevated highway as well.
comment 14
Piset date : 09/07/2008 time : 05.46
http://blog.nationmultimedia.com/mahwatthai
Piset

Khun Plaadip:

Ohayo ngoyaimatsu! (Hope that I have gotten it correctly for good morning)

Thanks to the Japan Times and Kyodo News for the informatioan, so that, we can have a source of news that is neither PPP or PAD here. And, a source of news that shouldn't be regarded as being "jealous" for it should be richer that the implicated Thai officials.

Not only in Japan, I am sure, soon we might find a Korean CEO jumping out of his 50th storey window with a letter confessing the similar bribes to officials around the world including Thais.

Now, the next thing that will happen in Thailand is that Kyodo News and the Japan Times including their websites would be blocked off the market and off the air in Thailand for having "causing confusions" in Thailand. That's how politicians in this Thievesland (formerly Thailand) cut off information and evidences of their corruption from reaching the people. Perhaps, Samak will be asking the newsmen or newswomen at Kyodo his familiar question: "Who did you go to bed with last night?" If it involved Thaksin's government, then Thaksin's wolf gang of lawyers will sue Kyodo News and the Japan Times for a few billion bath for defamations. That's how the Thai system works.
comment 13
Plaadip date : 09/07/2008 time : 03.21

Pii Ian, Thank you for the instruction. I should have written that it cannot be applied to A potitician. So the politics is a job for millionair hopefull in Thailand. I think that is the case in Japan, too. Billionaires usually use politicians, not become politicians. They are cleaver enough. Good night.

Plaadip
comment 12
Ian date : 09/07/2008 time : 02.25
http://blog.nationmultimedia.com/anterian36

Plaadip, it does not apply to politicians because with the exception of Thaksin none have made it into the billionaire category. They are just hopeful millionaires:-)
comment 11
Plaadip date : 08/07/2008 time : 23.04

Pii Ian

Maybe your are talking about personel like Bil Gates in your billionaire category. It may be true but it seems that it can't be applied to the politicians. The recent histry of Thailand proved it.
comment 10
Ian date : 08/07/2008 time : 19.35
http://blog.nationmultimedia.com/anterian36

Where money is concerned, it seems those who measure their wealth in thousands and those who do the same in billions are the only people willing to behave altruistically. Those who measure their wealth in millions are out for all they can get.
comment 9
Plaadip date : 08/07/2008 time : 14.40

Pooajai

I see. I seemed to have missed the nuance of your comment.

Plaadip
comment 8
wch date : 08/07/2008 time : 08.15

There is a taboo in doing business of Thailand.
Do-Not-involve any agency having the scripts of,
M and P in their names.

Nishimatzu violated this.
M and P groups are,
BMA,
PTT,
MEA,
PEA,
PAT,
MWA,
PWA,
Military,
Mermber of Parliament,
Ministries,
PPP. (I listed this newly).
* Virtually all billion dollars of PTT contracts of today are given to Korean Contractors.

ANOTHER TABOO
Do joint investment projects, only with Teo Chou'an's business groups.
They are,
Bangkok Bank Group
Charoen Phokpan Group
Saha Pattanaphibol Group
Saha Union Group
Amata Group
Siam Cement Group (belonging to the Crown Prince Property)
Siam Commercial Bank ( ditto-)
The Mall Group
Sahavirya Steel Group
Siam Steel Group
TPI group
* EGAT and PTT are considered positive but,,,
comment 7
Tawan date : 08/07/2008 time : 06.29
http://blog.nationmultimedia.com/tawan3

Wow I do not believe how fast this story broke. This is a good sign.
comment 6
Poomjai date : 08/07/2008 time : 01.14
http://blog.nationmultimedia.com/poomjai

Plaadip,

Jealousy doesn't come into it. I simply find it shocking that serious Thai commentators can gasp at the outstanding nature of a revelation which is on the surface completely ordinary. Should any Thai of Khun Yoon's high standing come out and admit the systemic nature of corruption involving a significant proportion of those people who hold either political or economic power in Thailand, I might be less inclined to sarcasm.
comment 5
littlefish date : 08/07/2008 time : 00.29
http://blog.nationmultimedia.com/Breakthrough

Corruption in Thailand?

I'm glad finally someone else from outside has started a case for us. Let's wait and see what will come out of this.......
comment 4
Plaadip date : 08/07/2008 time : 00.29

The previous comment is so typically sarcastic that it almsot becomes a cliche for some type of educatied Thai. I wonder why he did not go on to say that those assusing corruption is just jealous of the rich.
comment 3
Poomjai date : 07/07/2008 time : 23.05
http://blog.nationmultimedia.com/poomjai

I am struggling to see how this is big news. It is pretty much impossible to get a decent contract in Thailand without a certain, ahem, greasing of the palms. Did we honestly believe, before this revelation, that there had been no corruption under Samak's governorship? Or indeed under Apirak's? Or under any governor of Bangkok's?

This is only interesting because it has been raised by a tribunal outside of Thailand. We can all then feign shock and disbelief.
comment 2
Plaadip date : 07/07/2008 time : 19.17

I kind of understand Japanese mentality since I am Japanese. Once they confessed a crime to the prosecutor, in particular, to the special investigative body on corrption cases like Tokyo Special Prosecutor's Office, they usually have confessed everything. I think they revealed all the names of the persons whom they bribed in Thailand. So if Thai prosecutors have good cordination with Japaense prosecutors and overcome the difficulty of international cooperation on criminal investigation,I think they will get evidence good enough to prosecute corrupt officials in Thailand. This was what Tokyo Special Prosecutor's Office did to arrest ex-prime minister Kakuei TANAKA nearly 30 years ago. But I think Thai prosecutors office will not do that because of the obvious reason almost all Thai people knows.
comment 1
Lalida date : 07/07/2008 time : 18.25
http://blog.nationmultimedia.com/Real

Yoon, you have the answer for all of us already, haven't you?.....
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