Hello to the Thaksin telecoms corruption case:
Thailand's judicial system takes on the big issues
By Jon Fernquest |
Former Prime Minister Thaksin made most of his money from his mobile phone concession.
Experts have traced how telecommunications policy during his tenure was crafted to benefit his telecommunications empire.
"Hello and goodbye to the mobile phone" by Ukrist Pathmanand and Chris Baker in Thai Capital After the 1997 Crisis (2008) provides a concise description of how this was achieved (See review).
Yesterday, the Supreme Court agreed to hear a legal case that addresses this exact issue.
This is bound to be a landmark legal case because it gets to the heart of the controversy surrounding Mr. Thaksin's tenure as Prime Minister.
Unlike other legal cases, this case will look at how the exclusive government telecommunications concessions that Mr. Thaksin obtained from his political connections as a police colonel and cabinet minister were later used as a wealth generating machine while he was serving in the highest political office.
Today's article is rich in legal vocabulary.
Read more articles on the ongoing three year political conflict in Thailand.
Here is the article in full:
TELECOMS CORRUPTION
Court to hear new Thaksin case
Tuesday September 02, 2008The Supreme Court's Criminal Division for Holders of Political Positions yesterday agreed to hear a case against former prime minister Thaksin Shinawatra, who is accused of abusing his power by changing tax and telecommunications policies to benefit his own business empire.
The charges, lodged by public prosecutors who took over the case from the now-defunct Assets Scrutiny Committee, involves a 2003 cabinet resolution which allowed an executive decree to be issued to force telecom businesses to pay excise instead of concession fees and allowed the firms to deduct excise from revenue sharing paid under their concessions.
The move is believed to have benefited Advanced Info Service (AIS), a mobile phone company under the umbrella of Shin Corp, founded by Mr Thaksin.
It is alleged that Mr Thaksin's move caused financial damage of 66 billion baht to TOT and CAT Telecom, two state agencies which hold telecom contracts.
A panel of nine judges chaired by Pornpech Wichitchonlachai found the case is within the court's jurisdiction and set the first hearing for Oct 15.
It is the fourth case brought against the former prime minister, who is in exile abroad with his family.
His wife, Khunying Potjaman, has already been convicted of tax evasion and sentenced to three years in jail.
The first case against Mr Thaksin and his wife, involving the Ratchadapisek land case, will be decided on Sept 17 by the Supreme Court.
Supreme Court judges will meet today to select a panel of nine judges to consider a civil lawsuit seeking the seizure of the assets of Mr Thaksin and his family.
The Office of the Attorney-General is seeking the confiscation of 76 billion baht in cash and assets on the grounds the assets were unlawfully acquired while Mr Thaksin was in office from 2001-2006.
The 76 billion baht is the estimated total return from the sale of Shin Corp to Singapore's Temasek.
The Administrative Court is scheduled to consider a petition on Sept 4 involving a request from the Revenue Department to the Siam Commercial Bank (SCB), which it asked to hand over 12 billion baht - part of the frozen assets of the Shinawatras - to settle a tax liability.
SCB submitted a petition to the Administrative Court on Aug 26 after the department instructed it to hand over the money in the names of Mr Thaksin's children - Panthongtae and Pinthongta - to settle a tax debt.
(Source: Bangkok Post, 02-09-08, temp-link)
Vocabulary:
a concession - a special right or privilege to run a certain kind of business for a certain period of time, usually given by the government
concession fees - money paid to the government for right to run a business
tenure - the period of time served in public office (for example, as Prime Minister)
concise - says everything that is necessary without wasting words
landmark legal case - an important stage in the development of something
gets to the heart of - addresses the most important issues
the controversy surrounding X - a lot of discussion and argument about something often involving strong feelings
exclusive - only one person or a small group can have it, not everyone
Supreme Court's Criminal Division for Holders of Political Positions - a special court to try politicians: "As a result of the 1997 Constitution, the Criminal Division for Holders of Political Positions was set up in the Supreme Court to act as a trial court in a case where the Prime Minister, a minister, member of the House of Representatives, senator or other political official is accused of becoming unusually wealthy, committing malfeasance in office according to the Criminal Code, performing duties dishonestly, or being corrupted according to other laws.
In trial, a member of the House of Representatives or a senator is unable to claim the immunity provided in the constitution. The Criminal Division for Holders of Political Positions in the Supreme Court must rely on the record of the National Counter Corruption Commission and may investigate to receive additional facts and evidence as it thinks fit." (See description of Thailand's court system)
a charge - a formal accusation that someopne has committed a crime
charges lodged by X, X lodges charges - making a formal accusation that someopne has committed a crime
public prosecutors - government lawyers who bring legal charges against someone and try to prove that they are guilty during a trial
defunct - not longer exists, has stopped operating
a resolution - a formal decision taken at a meeting after a vote
the cabinet - the most senior ministers in a government who meet regularly to advise the Prime Minister
a cabinet resolution - a policy decision made by the cabinet after a vote
pay excise, pay excise tax - pay tax on some good or service
Advanced Info Service (AIS) - Thailand's largest mobile phone operator (See website and Wikipedia)
Shin Corp - "one of the largest conglomerates in Thailand. It was founded in 1983 as Shinawatra Computer by Thaksin Shinawatra, former Prime Minister of Thailand, and took on its current name in 1999. On January 23, 2006, the Shinawatra family sold its remaining 49.6 percent stake in the company to nominees of Temasek Holdings, the Singapore government's investment arm, for US$1.88 billion.
The company is linked by stock control to companies including Shin Satellite and Advance Info Service, the largest mobile phone network in the country. It also holds stakes in Thai AirAsia, a consumer finance company and ITV, a local television station. Current Chairman of the Group Executive Committee and Chairman of the Executive Committee is Boonklee Plangsiri." (See Wikipedia on Shin Corp and sale to Temasek)
under the umbrella of X - part of X, included in X, under the authority of X
It is alleged that X - saying that something may be true, but has not been proven yet
jurisdiction - an area in which a court and a set of laws has jurisdiction
within the court's jurisdiction - within the are that the court operates and enforces laws
in exile - living outside one's country
evasion - avoiding something you must do
tax evasion - the crime of not paying taxes to the government
convicted of tax evasion - found guilty of the crime of not paying taxes in a court of law
a civil lawsuit - not criminal, when one person seeks damages from another for harm done to them, or to restrain someone from harmful action
an asset - things that people and companies own (this can include physical assets such as a car or a house and financial assets and securities such as stocks and bonds)
confiscation - taking something away from someone
seizure - taking something away from someone with force
seizure of the assets - taking the assets away from them
on the grounds that Y - for the reason Y
a petition - a document signed by many people asking the government to do something
consider a petition - deciding whether to carry out the request in the petition
submitted a petition - present a request for action to the government or an authority
frozen assets - legally preventing the owner of assets from using them (withdrawing them from a bank or selling them)
a liability - money that a company or a person owes
settle a liability - pay back the money that you owe
settle a tax liability - pay the government taxes that you owe
an Administrative Court - "a court specializing in administrative issues, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are found in some European countries with civil law and are considered separate from general courts" (See Wikipedia)
