Croney-ism 101:
Attorney General now issues legal decisions? Not judges?
By Jon Fernquest |
It's not clear why the SC Assets shareholding case was dropped by the Office of the Attorney-General (OAG) before it could reach trial yesterday.
Mr Thaksin had been accused by the Department of Special Investigation (DSI) of failing to inform the Securities and Exchange Commission (SEC) about a large share transaction in SC Asset Corporation.
The Attorney General decided that Mr Thaksin and his wife "were not obliged to inform the SEC over changes in the shareholding structure of SC Asset Corp."
Doesn't this seem like a legal decision?
Doesn't the judge make the decision in a legal case?
Thanachart Securities which carried out the couple's share transactions on their behalf, was obliged to inform the SEC, but didn't, according to the Attorney General.
Nevertheless, the Attorney General "considered the defendants and Thanachart Securities had fulfilled legal requirements related to the couple's SC Asset shares transactions."
Isn't the judge the one who decides whether "legal requirements" have been fulfilled?
(See drawing on right of two tycoons or cronies smoking cigars by Honore Daumier)
Appoint the investigated as investigator? To investigate himself?
The DSI and the SEC were responsible for gathering evidence for the SC Assets case. If they failed to gather evidence then, of course, there was no case.
Former DSI chief Sunai Manomai-udom was among the first to be axed after the People Power party won the Dec 23 general election.
Two weeks ago shadow Finance minister and deputy leader of the Democrat Party Korn Chatikavanij wrote about conflicts of interest in appointments to the boards of the Bank of Thailand (BoT) and the SEC.
All stuffed with questionable individuals chosen by even more questionable political cronies who, I believe, are mostly either illegally conflicted or are individuals facing charges of corruption against the State. (Source: Shadow Boxing 26-08-2008)
The worst conflict of interest was perhaps in the SC Asset case then under investigation:
All this is compounded by a Cabinet resolution during the week to appoint a crony to the board of the Department of Special Investigations (DSI) - the same crony who was chairman of SC Asset, the Shinawatra property company in the middle of perhaps the biggest outstanding criminal charge against the ex-prime minister - a charge filed by, wait for it, the DSI, of course.
In other words, the chairman of a company being investigated (SC Assets) was appointed to a high level position in the very organization doing the investigating (DSI). The investigated becomes the investigator...of himself. This is called a conflict of interest.
After all these appointments, the Office of the Attorney-General (OAG) has also asked the DSI for its opinion on the case:
Seksan Bangsomboon, the chief public prosecutor for special cases, said the OAG told the Department of Special Investigation (DSI) about its decision on Oct 6.If the DSI agrees with the OAG's ruling, the case will end. If it disagrees, the department can send its investigation report to the attorney-general again for a final ruling from the OAG, Mr Seksan said.
Like a fast game of ping pong, the ball moves back and forth quickly several times until your head spins and you fall asleep.
In the end, most likely, the case never reaches a judge.
(Source: Bangkok Post, 17-10-08, general news, link)
Vocabulary:
an attorney general - the chief law officer in a government, in charge of initiating legal cases
Office of the Attorney-General (OAG)
Department of Special Investigation (DSI) - a government agency "commissioned specifically for the surveillance, deterrence, and effective prevention of organized criminal activities that continue to jeopardize the country's economy, social order, national stability, as well as for the eradication of any illicit groups or activities that endanger international security" (Source: DSI Website)
Securities and Exchange Commission (SEC) - the government agency that makes regulations and oversees the trading of securities such as stock and bonds
a legal decision - when a judge in a court makes a decision in a legal case, punishing or rewarding different people
obliged to Y - required to Y
not obliged to inform the SEC - not required to tell the SEC
carried out on their behalf - do it for someone else
fulfilled legal requirements - did what was required by law
a conflict of interest - when personal gain conflicts with the duties of your job (See glossary)
illegally conflicted - an illegal conflict of interest
axed - removed from their job
cronies - people who receive special favours from powerful friends (See glossary)
a criminal charge - officially accused of a crime (must possibly stand trial and if found guilty punished)
outstanding criminal charge - criminal charges that still exist (have not been dropped)
facing charges of corruption - officially accused of corruption
compounded - make bigger
a resolution - a formal decision made at a meeting by a vote
a cabinet, the Prime Minister's cabinet - the ministers and close advisors of the Prime Minister, in charge of different parts of the government
a cabinet resolution - a formal decision made by the cabinet (during the Thaksin administration many decisions were made by cabinet resolutions rather than laws passed in parliament)
SC Asset - a real estate development company with businesses including: "office buildings for rent, housing, condominium, land and technical building for rent, and advisory and management services. The housing business includes single detached housing and townhouse projects. The land and technical building for rent business includes leasing specifically designed and constructed building to only one related company which is a mobile phone service provider. The advisory and management services include providing general management, technical engineering, and operational support systems to its subsidiaries and related companies. It mainly operates in Thailand." (See source and website)
