Summary of the case against Khun Thaksin

With only one more day to go until Thailand's Supreme Court hands down its decision regarding the Thaksin Shinawatra's asset siezure case, the following is to provide some perspective on what the issues are and how they should be ajudicated upon.

The case agaist Khun Thaksin, by the Thai Government in a nutshell is:

During Khun Thaksin's tenure as Thailand's Prime Minister, he had abused his powers to enrich himself, by initiating policies that were beneficial to his companies. The main actions that he is being blamed for are:

The method by which AIS, Thailand's flagship mobile phone operator paid its concession fees to its concession rights holder the Telephone Organization of Thailand (TOT), causing TOT to lose billions of baht in fees it should have recieved.

The Thai Exim Bank Loan to Myanmar, for it to buy telecommunication equipment, especially Satellite bandwith.

The hiding of Khun Thaksin's shareholdings of his businesses through nominees, going against the laws of the political holder's act.


These are the three main charges as to why the State should sieze Khun Thaksin's wealth in Thailand, or as we now know, 76 Billion baht.

So does the State have a case? Should it be able to seize all of Thaksin's 76 billion baht? Lets take a look at each charges against him, starting with the concealment of his shares through nominees.

This case is not new, and as a matter of fact it was once already ajudicated during Thanksin's first term as Prime Minister. In that case instead of his children holding shares on behalf of Thanksin it was his maid, drivers, secreatary, and so on. In his famous, "I didn't mean to do it mea culpa speech to the Supreme Court". Thaksin was found not guilty of asset concealment by a 5 to 4 decison.

So the obvious question is, what is the difference between today and yesterday. If the Supreme Cour's decison at the time was to find him not guilty of the very act that he is being accused of today, then just by shear precedent the previous decison should hold up. And one must remember judges are instructed to look at precedents first in coming up with their decisions. Now I am not saying that what Khun Thaksin did was right in either case, but a decison had been handed down prior and in law there can be no case for double jeapordy.

As per the Exim Bank loan to Myanmar, which supposely Thaksin pressured the bank to do so that the Myanmar government can recipricate back right away and use the money to buy satellite services from ShinSat, one of Khun Thaksin's company. One must not forget that Thailand has been giving out loans to our neigbors for years. This is part of our good neigbor strategy and keeps Thailand in line as the leading power in the Greater Mekong Region. A number of people has stated that the loan was full of hidden agendas for ShinSat, my question in return would then be, we would have loan Myanmar the money anyway thrugh our good neigbor policy, would it have been better if they then use our money to buy the services from some other country. To say that ShinSat benefited from this deal, absolutley it did, for the simple reason that it's the only company in Thailand who can offer the services to Myanmar. But along with ShinSat, Thai employees benefited, Thai tax revunue benfited, and the country as a whole benefited thorugh the fact that one of our neigbor countries who we deal with everyday now owes us one.

Lastly the case against Khun Thaksin rest upon the fact that he enriched himself through setting up policies that benefited AIS and lost tremendous amount of money for TOT. To simplify this matter, Khun Thaksin is accused of setting up a new policies which shifted the way AIS was paying royalties for its mobile phone concession, rather then paying royalties directlt to TOT as it used too, the new policy allowed AIS to pay it directly to the excise department. On this one definilety guilty as changred. Though this action AIS saved billions of baht, which caused it finalcial outlook for any potential sale to be more attractive, thus enriching the shareholders of the company when the company was sold to Temasak. Not only did the new policy saved AIS billions but it also caused damaged to its competitors DTAC and TRUE, for the playing feild in regards to the cost of doing business was leaned towards AIS. The argument from Khun Thaksin's side would be that the action allowed the State to gain more money becasue it was now collecting the money straight from AIS rather than having to go through a third party TOT. This argumnet does not hold up becuse when you compare Apples to Apples, AIS was paying less perio, prior to the policy taking place.

So what should the Supreme Court decison be? Guilty on all counts and full seizure of his assets. Why such a strong opinion? Becasue there is no such thing as being a little pregnent. Corruption is Coruuption, and hopefuly by showcasing that no one is above the law, the next time one of our politicians decide to dip his hand in the cookie jar he will remember this case.

Fanning the Flame

The Mayans have been beaten by Thailand in their countdown to Armageddon. While the Mayans predicted that the end of the world will happen in the year 2012, the current Thai Government, Bangkok opinion makers, the Thai news agencies, the military, the police and countless others are all predicting that the end of the world as we know it will come on February 26th, 2010, upon the reading of the Thaksin Shinawatra verdict for the seizure of his asset.

With a constant barrage of statements by the government and anti Thaksin group about how all Thias must be prepared for riots on the streets by Thaksin supporters on the 26th, one would think that the government already knows what the verdict will be, and obviously with all of their doom and gloom scenarios, the verdict will not favor Thaksin.

But how can that be, when our Oxford educated Prime Minister has declared that no one has or can tamper with the courts decision regarding this case, and that no pressure has been put upon the courts to return a guilty verdict against Thanksin by the Government, the military or any branch of the old power clique.

So then is he just in the hoping for the best but preparing for the worse mode? But then why is most of the scary commentary about what is going to happen to Thailand on the February 26th mostly coming from the Government. The Reds and their leaders have made it clear that they will not orchestrate any violence regardless of the outcome of the verdict, and truth be told even if they wanted too they would not have the power nor the capabilities to do so, for unlike the Yellows before them the Reds do not have the luxury of being supported by the military or the powers that be in their actions. I mean c'mon does one really thing that the Reds could pull off an airport seizure like the Yellows without the army coming in and cracking heads.

So why all the bad news and negativity about what will happen on February 26th. Well simply by instilling in the minds of Bangkokians that the Reds will pillage Bangkok, it continues the government psychological war against anyone who may question the neutrality of the verdict, and keep our minds of the fact that the guilty verdict is a faith accompli. For the Reds are so evil, even though they may have never taken over an airport, nor government house, they have no right to disagree what so ever with what will happen on the 26th, for any of their disagreements will surely lead to Armageddon.

So what is my prediction for what will happen on February 26th 2010. Nothing!! Sure what ever way the verdict comes out, a side will be disappointed, and the loosing side will protest and hold rallies, but riots, blood shed on the streets, NO WAY!!! A Coup, even unlikelier.

My recommendation is for the Government to stop with all the talk about the possible violence, by talking about it and mobilizing the troops to keep the peace is only feeding the flames. As for the Reds, nothing you can do will change the verdict. But by being peaceful and respectful to the people, you may have a chance in the future to change the biggest verdict of all, and that is the verdict of the general Thai people towards your ultimate caused and that is to bring back Khun Thaksin to Thailand. Do the unexpected, stop the rallies, let the verdict be read, lose this battle but then go on and try to win your war. Shut down crazy members of your caused like Arisaman, and Sae Dang, and look classy in defeat.

The fight between Thanksin and the Government will not end on February 26th 2010, it will end when both sides realize that mutual assured destruction did not work during the cold war and it will not work for this war before the haves and the haves. So let us all stop fanning the flames of fear, and get on with our lives and let the day of the verdict be only important, to those who are fighting a war that neither side will win.

Tiger Shanks his Apology

Tiger Woods, the world's number one golfer today finally broke his silence and spoke to the world about his infidelities. In a bizzar non press conference held at the head quarters of the PGA Tour, Tiger admitted his failings, and apologize to his wife, his charity, golf fans, and just about anyone else whom had picked up a copy of the National Enquirer,or watches TMZ.

In his statement, Tiger admitted that he is currently seeking treatment, for what he was not specific, and that he still has a long way to go before he is cured. He did not give a specific time table as to when he will return to the PGA Tour, and that his focus right now is on the treatements and taking care of his family.

In the audience, sat selected guest from the media, his mother, family members from Elin's side, the Tour Commsioner, and from what I can see Notha Bagay a fellow tour player and Tiger's friend since Stanford.

As for my own thoughts about Tiger's statement. In a weird way it reminded me of the Micheal Jackson message to the world regarding his alledged child molestation case. Both statements were obviously crafted by professional and rehersed many time. It would of have been nice to have seen Tiger speak from the heart rather from a script.

His stements about being sorry and apoligising for his actions were boiler plate, and his seeking forgiveness from the pubilc and asking all of us to believe in him again was contrite.

With his statement today, I truly get a sense that it will be a long time before Tiger tees it up again, he is emotionally burned out, and he has definitely bunkered any chance for a quick forgiveness from anyone including his wife, whom by the way was not at the non press conference.

There's a lesson to be learn from all this, and that is, when you screw up do not try to cover it up, and when you do come out, speak from the heart and not be so calculating and cold.

I am sure that Tiger will one day be back on the golf course and continue to have many victories, however in the he has certainly shanked his first shot in that comeback.

Tiger to come out of his den Friday

Tiger Woods today announced that he will be making a public statement for the first time since his car accident and subsequent mistressgate scandal.

The world will be watching to see how Tiger wiggle his way out of this disastrous situation, but knowing Tiger and having the chance to spend time with Mark Stienburg Tiger's euber agent, not much will be reveled nor said. The non press conference will be short and straight to the point with little emotions shown by Tiger and worse there will be little remorse. Yes of course there will be the obligatory, I am sorry for hurting my family and the fans statement but next to that there will be no mention of the numerous women Tiger has been involved with or any details about his recent stay at the clinic for treatment of sexual addiction.

There are some whom are saying that Tiger may pull a Bobby Jones and announce his retirement from the game of golf to spend more time with his family and charity, but those who say that do not know Tiger well. His quest for Jack Nicklaus 18 major championship far out weighs the love for his wife or charity.

To Tiger having to do this statement will feel like pulling teeth with out Novocaine. With his father's own philandering I find it hard to believe that Tiger feels that he did anything wrong, and rather its the media, whom has blow his private life into such a scandal. For what it may, we all just have to wait for Friday, but if you are hoping for a Kobe kind of apology, don't hold your breath, the man is not built that way.

A stupid is as a stupid does

Even Forrest Gump would tell General Anupong Paojinda, how stupid his decision is for allowing the continue usuage of the GT200 by the army, even after the Ministry of Science and Technolgy has declared the GT200 bomb detecting abilities about the same as a blind man in a strip joint. Somebody has got to step in and stop this charade before more brave slodiers are killed by a bomb that was not properly detected. Talk about the ultimate "CYA," that's covering your ass, General Anupong who by the way I actually have met and like and on numerous occasions had the pleasure of sharing a foot massage together at Central World has got to man up on this one. I know the army is embarrased for being exposed by the Ministry of Science for its purcahse of these useless equipment, oh and by the way spending over 800 million baht of your tax money, but to put lives in danger to cover up such a mistake is even worse. The GT200 should be immediately taken out of the field and General Anupong should implement proven messures to detect bombs such as sniffer dogs right away.

I also blame the British Government for this issue for they bear responsiblity in approving the sale of the GT200 to other countries when they themsleves would not use it with their own arm forces in Iraq or Afganistan. The Thai Government and the Army Cheief should be working together to expose the British Government lack of oversight and ethics over this manner rather then to further push along this stupidity.

Prime Minister Abhisit, you need to step in on this one, show who really is running the show,you would have the support of most if not all Thais, for I think even the reds or your nemisis Khun Thaksin would have a hard time criticising you for putting the army cheif in his place for his ridiculous decision. Your window of opprtunity has just open up, and on this one even the GT200 can find it, so take action, show your mettle and proof to the Thai people that you are just not a puppet of the Thai military.

As for General Anupong, "a stupid is as a stupid does," and I know that you are not a stupid man and am just trying to protect the honor of the military please do not do this, a life is to precious to be wasted because of trying to cover up a mistake with another mistake.

Credit should be given to the PM and the Minister of Science and Technology

• A big round of applause to PM Abhisit and Minister Khunying Khalaya for bravely exposing the GT 200 fraud. To the both of you, thank you for saving the lives of our brave soldiers. even I must admit that when i was told that the test on the GT 200 would take place i was sceptical at best. Would this Government be brave enough to expose the pure stupidity and greed of the Thai army. Well today they did, and I compliment the PM for doing so. As for Khunying Khalaya, I will immediately move all my money to Bangkok Bank you have shown that your last name means integrity.

Army Shopping Spree

Since the army pulled a fast one on former PM Thaksin Shinawatra, and left him to rot in the great sand city of Dubai, they have gone on one heck of a shopping spree. To just name a few:

• Grippen Jet fighters that no one seems to know how to fly, to use against enemies that do not exist.
• A hot air balloon to secretly spy on the insurgents down south, that has major flaws of being too big and too slow.
• GT 200 bomb detectors, that according to test conducted by the Ministry of Science works just as well as flipping a coin, no that's not true, flipping coins at least gives one a 50-50 probability, this darn thing only works 20% of the time.

I understand that on its wish list of things still left to buy, more jet fighters, a submarine, new tanks, and helicopters. Its beginning to look a lot like Christmas.