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.

Bad Buy Boom

Millions of baht was spent by our great army to buy the GT 200 hand held bomb sniffer, which now according test conducted by the Ministry of Science and Technology does not work. Let me repeat this again in bold letters IT DOES NOT WORK! Oh heck one more time IT DOES NOT WORK! This whole corruption by the army is even worse when you put it in the perspective of how many lives this thing that DOES NOT WORK put in jeopardy. Our young men and women of the army were told to go out with this useless piece of garbage, to look for bombs, c'mon have some sense of shame for putting their lives in danger. Heads must role for this act of betrayal, General Anupong show us what you are made off, steel or rubber. Or are you the head that should be rolling?

Safe cars

The Thai PM today switces to a Range Rover instead of his Benz, citing better safety protection for the PM. Responding to the switch, a Benz spokesperson said that the Benz was a fine automobile and the real problem is not with the car but the passenger

The 3 S

My advice to former PM Thanksin before the February 26th verdict, follow the 3S rule of engagement:
SHUT UP
SHUT DOWN
Sit Still

Judges in Safe House

How far can this current Government go to instill fear among the population in relations to the February 26th verdict against former PM Thanksin. To suggest that Supreme Court justices be kept in a safe house prior to the verdict, does nothing but fuel the flames of discontent, and creates a stir in the water that will ripple through out an already cripple nation

Thai Airways buying policies

• Did you know that under the purchasing rules of our National flag carrier each sections of the aeroplane is procured by different departments whom may never speak with each other. For example, the aeroplanes fuselage is bought by one department, the seats inside are bought by another, the engines by another, the computers by another and so on and so on. Why is it done this way? Simple. So that the corruption and kick backs are spread to as many people as possible. No other logic to explain it.

Killer words

• What are the two most dangerous words in the Thai language? Sa Bai Sa Bai and Mai Pen Rai. Why, because they both teaches you not to care.

In the future

• In the future what will be the only difference between Thailand and North Korea? Our weather will be warmer.
• In the future what will happen to the red and the yellows? They will all be taken over by the Khakis.
• In the future who will rule this great country? Those with guns and tanks.
• In the future will there still be democracy? There isn't one now, there hasn't been one, and there won't be one.
• In the future what will the Thai economy be like? Philippines here we come.
• So will we have a future? Only if we all act now and stop hoping for a better future and live in the present day now.
• But How? Get involve, speak out, shake up the status quo, but most importantly, realize that there is a problem for realization is half the battle, no more Sa Bai Sa Bai

History always repeat itself

You do not have to look any further then your Thai history books to predict the future of Thailand. There is an old saying "those who do not study history are dammed to repeat it." Well the history of Thailand is pretty clear and is a good indication of what's on hold for Thailand's future, my suggestion if you want to predict the future of this country, just go back and study what happened in the reigns of Rama V, Rama VI, and Rama VII, then you will know what to expect with Rama IX, Rama X, and Rama XI

The Bomb

• C4 explosive was found placed in a juice box next to the Supreme Court building in Thailand. The powers that be are pointing fingers at the supporters of ousted Prime Minister Thaksin Shinawatra. How dumb can the supporters be if they did do this? Well, its true that their stupidity holds no bounds, but to have a bomb go off in front of the Supreme Court Building where their big boss is on trial for his life, and then can be traced back to them, well "a stupid is as a stupid does", and to me not even the reds are that dumb. So who oh who can it be that would benefit most from such a scare tactic. By golly can it possibly be the powers that be? No they are to honest and straight forward for this, and no one which such good looks can ever be this devious. A ha, and Sae Dang is not a total nut case. In any of these situations, always think off who has the most to gain, and in this particular case I say the powers that be, because it keeps the reds on the defensive and put into people's minds that the crazy reds can actually do this. The reds however have no one to blame but themselves, its because of their erratic behaviour and their outlandish acts and that crazy look tung singer turned nut case whom i am afraid to say is my friend, they have no one to blame but themselves, for theirs or not the bomb will always be around their necks.

The haves VS. The Haves

• The current political unrest in Thailand can be summed up simply as a fight between the haves and the haves, while the have nots are left to rot.

• If you are concern about what will happen on February 26th 2010, with the courts verdict on the validity of seizing former Prime Minister Thanksin Shinawatra's assets, don't be. It's already a foregone conclusion that the current power structure cannot be that dense to give the Ex Premier any ammunition to regain his power, and certainly money is power. But what will that mean? Unrest in the streets, civil war, blood shed? Certainly there will be noise made by the loosing side, and there will be protesters in the streets, but next to that the verdict will come and the verdict will go, and for some magical reason, Thailand will go back to the current fight between the have and the haves, while the have nots are left to rot.