• Avudh
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Top Boot Politics
Update on military politics
Permalink : http://blog.nationmultimedia.com/topboot
Thursday , July 31 , 2008
Thaksin close to relocate to England
Posted by Avudh , Reader : 2333 , 20:20:57  
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The July 31 verdict against Khunying Pojaman Shinawatra is not simply about the tax evasion case but has far-reaching implications on the political scene.

The dreadful facial expression of former prime minister Thaksin Shinawatra is the telltale for a defining moment in his life after looking on his wife being found guilty of the conspiracy to dodge tax liabilities.

Known for his family devotion, Thaksin will definitely do everything in his power to ensure that his wife Pojaman is never to spend a day serving her three-year jail term.

This does not mean he is trying to tamper with the judiciary. He is, however, about to exercise his last option to cut loose the legal wrangling by relocating his family to England.

Like many world leaders unwanted in their countries, Thaksin can live a peaceful live in London. It is not imperative for him to apply for asylum. He is expected to keep busy by running his Manchester City Football Club.

Under the Thai law, Thaksin and Pojaman may remain fugitives for the rest of their lives but this is a reasonal price to pay in exchange for a fresh start. The alternative is imprisonment with a glimmer of hope for a royal pardon.

When Thaksin ended his self-imposed exile in February, he might have harboured a secret hope that the election victory of the People Power Party could translate into his triumphant return.

He found himself in the legal wrangling because of politics. It was reasonable to expect politics to rescue him out of trouble. Unfortunately things failed to go according to plans.

The PPP plunged into the political quagmire and barely kept itself afloat. Prime Minister Samak Sundaravej proved to be a hard-headed proxy. And the judiciary turned out to be an impregnable fortress.

The excitement of the PPP’s election victory quickly faded. The government was preoccupied with its problems, hence it was not in a position to get Thaksin out of his legal entanglements.

Although every court battle involving Thaksin and his wife has the political overtone, the judicial review is based strictly on pertinent factual and legal issues.

The tax evasion case involving Pojaman is a clear proof that the judiciary could not be swayed by the sentiment.

From start to finish, evidence shown during trial indicated a clear-cut case for conviction. And the Criminal Court found no cause to grant leniency in sentencing.

The defence can hope to overturn the conviction by the appellate review though odds are stacked against it.

The next court battle is about the Ratchadapisek land case involving Thaksin and Pojaman. The graft trial in the Supreme Court is expected to complete in August or early September if factoring in delays.

Prosecution evidence is strong and a conviction is looming within a few months following trial. Since the case is on the fast-track for graft charges, the judicial review is one tier and Thaksin will have no chance to appeal.

If Thaksin is to relocate his family, he must do so soon, preferably before the ending of trial on the land case in order to get the permission to travel abroad.

Preparations might already be underway for the relocation. Thaksin is disengaging himself from the PPP.

If the latest Cabinet reshuffle is any indication, Samak has gained a firmer grip on the PPP while Thaksin is fading out. A few months ago, no one would have believed that Samak could win the loyalty of more than 30 MPs from the Northeast.

Although the Isaan Pattana faction has dissolved itself, its MPs still retain a loose alliance with Samak out of gratitude that he allocated a Cabinet seat as reward.

Of course, Thaksin still wields formidable influence over the PPP. He appears to delegate more and more decisions to be made among the four powerful factions.

The PPP is on track to be running by a collective leadership.

The factions are led by Newin Chidchob for MPs from lower Northeast, Sudarat Keyuraphan for Bangkok MPs, Sompong Amornwiwat and Yongyuth Tiyapairat for MPs from the North and Surapong Suebwonglee for PPP ranks from the socalled October generation.

Surapong and Newin are close allies though they run separate factions. Samak commands his 30 MPs as leverage to maintain his leadership.

If Thaksin departs Thailand for good, the four factions will try to preserve the status quo within the PPP to wait for the expiry of the five-year ban, which is almost four years away, when the leaders can resume political activities.

For Samak, his job is to make his leadership last as long as possible. This is his last hurrah before going back into retirement.

For Thais, the political melodrama involving Thaksin will forever remain a cliffhanger – turmoil wreaking havoc but villians never identified and punished.

 

 

 

 

 

 

 

 

 

 

 


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comment 15
laosuwan date : 08/08/2008 time : 10.23

wch:

yes, i think you must be right although it brings shame to the country to think this is how it is, really.

i think everyone is looking to the courts to be the one thing they can take pride in of the goverment but i guess we need to keep looking for something else.

and look at how the newspapers speculate about "asylum" instead of flee or fugitive. its like everything we think is playing out is really already planned in advance, but by who?

but what can thaksin say if he flees? he said he would not come back until he could get justice. he came back and got justice. his own lawyer was justice minister. so what can he say? we either let him go or make him stay. we let him go.
comment 14
laosuwan date : 08/08/2008 time : 10.23

wch:

yes, i think you must be right although it brings shame to the country to think this is how it is, really.

i think everyone is looking to the courts to be the one thing they can take pride in of the goverment but i guess we need to keep looking for something else.

and look at how the newspapers speculate about "asylum" instead of flee or fugitive. its like everything we think is playing out is really already planned in advance, but by who?

but what can thaksin say if he flees? he said he would not come back until he could get justice. he came back and got justice. his own lawyer was justice minister. so what can he say? we either let him go or make him stay. we let him go.
comment 13
wch date : 07/08/2008 time : 10.25

laosuwan,

A local daily reported that the ministry of foreign affairs of Thailand is now seeking for political asylum for Thaksin, his wife and children but no country has been responded.
The analysis is, unless bigger poltical upheaval that threat their lives, it is difficult to obtain asylum.

In the meantime, if you need some professional interpretation about 'bail' and 'probation', I may say,

1. No one is yet guilty unless the court delivered the verdict and no state holds right to limit the travel of the convicted. The travel limit must be evaluated by the prosecutor and endorsed by the judge first.

2. Giving BAIL is ususally for non-jail sentence worthy case, easily saying more prone to the penal money case. However Thailand developed the most convenient system of BAIL and on-site murderer is easily given bail that cause border-jump. This is the system of judicial corruption that was used by the politicians who make the law itself.

3. PROBATION is run by proson corruption system. Prison officials have a large loophole to corruption.
They use annual amnesty system with bribery.
Also they make medical case to loose powerful or rich prisoners. They enjoy outings, even they got job out of prison. This happen often in provincial prisons.
4. In Thailand there is Kangaroo judge system who are usually millionaires. Most of them were kicked out from the judiciary circle through the last coup.
This people now support Samaks to abolish the constitution. 7 vs 8 supreme court verdicts against Thaksin in 2002 is very famous Kangaroo court case. If one judge...., there is no problem today, Thaksin's episode,,, This ex-judge is millionaire and now come out and litter endless jaw bone services,,,
comment 12
laosuwan date : 05/08/2008 time : 09.25

wch:

Can you tell me why when someone is convicted of a criminal offense and is bailed out on appeal they do not have to surrender their passport, especially if they are already a known flight risk?

Why does the statute of limitations clock keep running when a fugitive is outside the border of the country?

Why only three years? The theft was more than 100 millions of baht and involved betrayal of public trust? A simple thief stealing from Tesco or Seven Eleven would get the same sentence for taking a carton of milk or pack of cigarettes.

Every way you look at this, it makes no sense. None of it. That's why its so hard to predict what will happen next. I cannot even uderstand what has already happened.

About the man Thaksin, will he run or not. The only reason he would run is if he thinks he will be killed or that he will go to jail. he is not afraid of shame, justice or karma. He just wants more power and money like a living hungry ghost.

However this plays out the only loser will be justice.
comment 11
Pomjuk date : 03/08/2008 time : 19.05
http://blog.nationmultimedia.com/pomjuk


Max: Are you psychic? You must be, coz you’ve just read my mind. I would haven’t have said it as good as you did, but that was pretty much I had in mind.

The root of all evils in Thailand is the injustice of the system. When people do not follow the rules of the game and almost everyone who tries to undermine the system and succeed, it implies injustice and people lose trust. Without a trustworthy justice system it will hard to become democratic.

comment 10
wch date : 02/08/2008 time : 09.42

When he talked about 'July 2' instant peace,
I made recommendations to him, 'the time to leave the country, Don't come back again !' (around mid June).
If he and his family had left at that time, the situation would have been better than things in 'August 2' of this time.

I know he made 'big fortune' on the date of JULY 2 and always this Month and Day are memorable to him. (He made his 200 million dollar doubled by exchange speculation by internal information on July 2 1997. One of this conspirators are now in exile in London).

Pojaman's guilt verdict is his verdict because Pojaman is virtually the nominee shareholder on behalf of Thaksin himself on Shin Corp (Compare the sale and purchase deal of Rachada land as the seller, husband, and the buyer the wife).

His power base, Isan and the north middle boss of patronage network is now scattering and regouping among them.
Why,?
Thaksin is finished.
They know no one was survived in the past, such systematic prosecution against two junta prime ministers, and many civilian leaders.

This is one of 'Thai-ness' that is sort of self-curing power, a mythical power of Brahmanism.
comment 9
Ian date : 01/08/2008 time : 20.33
http://blog.nationmultimedia.com/anterian36

I agree with Avudh, I think we will see a conviction, a heavy fine, a prison sentance followed immediately by a Royal pardon. Thaksin was not alone, some very high and important people were partners or accessories to his crimes, there will be a lot of behind the scenes bargaining taking place to prevent these names from being mentioned.
comment 8
Avudh date : 01/08/2008 time : 20.20
http://blog.nationmultimedia.com/topboot
The Nation's military guru

Kid,
Thanks for visiting my blog.
I don’t think Thaksin is going to apply for asylum at this juncture. He and his wife can travel to England or anywhere in the world under the court permission.
I strongly believe Thaksin will definitely take the witness stand on August 22. One of the reasons he came back is to have his day defending his honour in the court room.
Should he choose to leave, that will happen afterwards.
For Thaksin, he has not been convicted of any wrongdoing. He can stay in England. The only nuissance might be the extradition hearing but I don’t see it as an insurmountable obstacle. Look at the case involving rogue financier Rakesh Saxena.
Pojaman has at least four more years to complete two appellate reviews. She has plenty of time to put up legal shield for a peaceful living abroad.
The two may consider seeking asylum at some point in the future but there is no urgency and I don’t think they will have to go that route. The late prime minister Pridi Bhanomyong lived in France for decades and he had no asylum status.
One option Thaksin can choose in lieu of spending the rest of his life abroad is to fight all of his court battles to completion while working hard to seek and receive the royal pardon should he be convicted.
This is a sensitive issue and I will touch on it at a later date. At this juncture, feelers are being exchanged by parties concerned but nothing concrete.
comment 7
kid date : 01/08/2008 time : 18.37
http://blog.nationmultimedia.com/kiddeo

Avudh, your blog seems to show you are an expert on Thai politics, can he and his family members apply for asylum to the UK? if so, under what qualification? I mean under Geneva convention the country where asylum seeker apply for such status would be expected to except the person's application so that he or she or them will not have to go back to face prosecution. But in Thaksin case is difference. He and his wife are convicted of wrong doing, cheat, and dishonest...so by Thai law will they be allowed or should they be allowed out of the country?
comment 6
MaxHeadroom date : 01/08/2008 time : 18.26
http://blog.nationmultimedia.com/maxheadroom

First, the court battle will be prolonged to buy time. Since many politicians have skeletons in their closets, a turf war will be inevitable.

The opposition underestimates the readiness of anyone to resist them and overestimates their influence on the judiciary system. Thais have long lost their belief in the system as a vehicle to provide real justice with equal standards. Instead everyone sees the proxy war extending into the court rooms.

Biased statements in public and rushed rulings that fuel the suspicion of part of the judiciary acting as proxy under the influence of dark figures are not a good image to start with.

Another thing is that true justice can only be achieved if everyone is equal under the law, yet many cases other than that of Thaksin's wife are not even investigated. Entire periods of our recent history are excluded under the pretext that the constitution includes an amnesty clause. Yet at the same time the same judges have not spoken out against any problem with retro-actively changed laws or the coup or other cases long in the queue that are 'not in the interest' of the people in the background.

With investigators only chasing after preselected criminals put on the list by their superiors that did so because of 'someone' in a higher position without a name of a face the judiciary starts to lose its natural connection with the ideal of a system trying to achieve a level of justice and neutral, unbiased, equal rulings.

The problem that I see is that this leads slowly to the destruction of credibility of an entire institution.

Destruction of the later leads to basic decay of social fabric and trust. Eventually, it turns people to justify methods outside the law or beyond sound ethical standards to make up for apparent injustices.

This is a road to anarchy.

This is a cause for violence and social unrest.

Laws based on illegality don't do any good. Laws are not an end in themselves. Legislation is not a process that can automatically assume to be perfect and be used to make injustice legal. It should not be used to cover-up crimes or exert political pressure or revenge. It should not be used as a weapon to create legislation against other groups in our society and against human rights.
comment 5
expresso date : 31/07/2008 time : 23.40
http://blog.nationmultimedia.com/expresso

I tend to see like you, Max.

What could be the next episode, Max?
comment 4
MaxHeadroom date : 31/07/2008 time : 23.27
http://blog.nationmultimedia.com/maxheadroom

Nicely put but it is unlikely to end so smoothly. Reality always will surpass the political soaps in their realism.
comment 3
Hermano_Lobo date : 31/07/2008 time : 22.29
http://blog.nationmultimedia.com/yurivelasquez

In sentencing his wife the court has been clever. They are letting them out of the country to go to China - never to return.

If they were in Prison in Thailand, they would be a focus for discontent.

Permanently out of Thailand they will be more out of sight and out of mind.

Smart judge !
comment 2
peacefulness date : 31/07/2008 time : 22.28
nationmultimedia.com

actually thaksin already requested for political asylum in uk but withdraw it . pls ref link http://www.thainewsland.com/?l=en&a=261893 tks
comment 1
catch22 date : 31/07/2008 time : 20.52
http://blog.nationmultimedia.com/catch22

Will he be getting a non immigrant O or a double entry tourist visa??
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