Identifier
Created
Classification
Origin
08BANGKOK3167
2008-10-21 11:59:00
CONFIDENTIAL
Embassy Bangkok
Cable title:
THAI FORMER PRIME MINISTER THAKSIN CONVICTED
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C O N F I D E N T I A L BANGKOK 003167
SIPDIS
NSC FOR DENNIS WILDER AND LIZ PHU
E.O. 12958: DECL: 10/21/2018
TAGS: PGOV KDEM KJUS TH
SUBJECT: THAI FORMER PRIME MINISTER THAKSIN CONVICTED
REF: A. BANGKOK 2427 (THAKSIN FLEES)
B. BANGKOK 2327 (POTJAMAN CONVICTED)
C. BANGKOK 2243 (THAKSIN PREDICTS PARDON)
D. BANGKOK 189 (SUCCESSFUL PROSECUTION UNLIKELY)
Classified By: Ambassador Eric G. John, reason: 1.4 (b, d).
C O N F I D E N T I A L BANGKOK 003167
SIPDIS
NSC FOR DENNIS WILDER AND LIZ PHU
E.O. 12958: DECL: 10/21/2018
TAGS: PGOV KDEM KJUS TH
SUBJECT: THAI FORMER PRIME MINISTER THAKSIN CONVICTED
REF: A. BANGKOK 2427 (THAKSIN FLEES)
B. BANGKOK 2327 (POTJAMAN CONVICTED)
C. BANGKOK 2243 (THAKSIN PREDICTS PARDON)
D. BANGKOK 189 (SUCCESSFUL PROSECUTION UNLIKELY)
Classified By: Ambassador Eric G. John, reason: 1.4 (b, d).
1. (U) A panel of Supreme Court Justices on October 21
convicted former Prime Minister Thaksin Shinawatra in
connection with his wife's 2003 purchase of land from the
Financial Institutions Development Fund (FIDF). (Ref D
provides further background on this case.) The court
sentenced Thaksin to two years' imprisonment for violating
Article 100 of the National Counter Corruption Act, which
prohibits government officials from doing business with a
state agency. The Court found Thaksin not guilty of abuse of
power charges and acquitted his wife and co-defendant,
Potjaman, on all counts.
2. (C) Prime Minister Somchai Wongsawat, Thaksin's
brother-in-law, told the Ambassador late October 22 that the
conviction of Thaksin was a judicial decision and that he
would respect it. He said the conviction was not a matter
for the executive branch's concern.
3. (C) After the verdict, Thaksin phoned the Ambassador. He
denounced the verdict against him as "the fruit of a poisoned
tree," emphasizing that the court had relied on material
prepared by the Asset Examination Committee, which was
composed solely of ardent foes of Thaksin. With slight
sarcasm, Thaksin said he was happy to have been convicted, as
his opponents in the political class would only face larger
problems as a result of treating him unfairly.
4. (C) Comment: Some provisions of law under which Thaksin
and his wife were charged were subject to the court's
interpretation, and reasonable people may disagree about
whether this was a politicized verdict. Most Thais
anticipated this conviction; Thaksin himself predicted it to
the Ambassador in July (ref C). Potjaman's July 31
conviction for tax evasion (ref B),which helped prompt her
and Thaksin to flee for London, made it clear that the
Shinawatras had lost their ability to influence the courts.
The land purchase in question was relatively transparent, and
the Shinawatras' actions at issue in this case do not shock
the public's conscience.
5. (C) Comment (continued): There are numerous warrants
outstanding for Thaksin's arrest, based on other pending
charges. (A prosecution cannot begin against a defendant in
absentia.) Even were he had been acquitted in this case,
Thaksin could not easily have returned to Thailand. The
conviction will hearten Thaksin's opponents and make it
difficult for the People's Power Party to campaign as
advocates for Thaksin's return, as the party did in the last
election. Given that Thaksin continues to play a substantial
role in politics through informal means, however,
anti-government demonstrators are not likely to declare
victory and stop pressuring the Somchai administration. End
Comment.
6. (U) Suggested press guidance:
Q: What is your reaction to former Prime Minister Thaksin's
conviction?
A: We respect the decision of the Thai judiciary.
JOHN
SIPDIS
NSC FOR DENNIS WILDER AND LIZ PHU
E.O. 12958: DECL: 10/21/2018
TAGS: PGOV KDEM KJUS TH
SUBJECT: THAI FORMER PRIME MINISTER THAKSIN CONVICTED
REF: A. BANGKOK 2427 (THAKSIN FLEES)
B. BANGKOK 2327 (POTJAMAN CONVICTED)
C. BANGKOK 2243 (THAKSIN PREDICTS PARDON)
D. BANGKOK 189 (SUCCESSFUL PROSECUTION UNLIKELY)
Classified By: Ambassador Eric G. John, reason: 1.4 (b, d).
1. (U) A panel of Supreme Court Justices on October 21
convicted former Prime Minister Thaksin Shinawatra in
connection with his wife's 2003 purchase of land from the
Financial Institutions Development Fund (FIDF). (Ref D
provides further background on this case.) The court
sentenced Thaksin to two years' imprisonment for violating
Article 100 of the National Counter Corruption Act, which
prohibits government officials from doing business with a
state agency. The Court found Thaksin not guilty of abuse of
power charges and acquitted his wife and co-defendant,
Potjaman, on all counts.
2. (C) Prime Minister Somchai Wongsawat, Thaksin's
brother-in-law, told the Ambassador late October 22 that the
conviction of Thaksin was a judicial decision and that he
would respect it. He said the conviction was not a matter
for the executive branch's concern.
3. (C) After the verdict, Thaksin phoned the Ambassador. He
denounced the verdict against him as "the fruit of a poisoned
tree," emphasizing that the court had relied on material
prepared by the Asset Examination Committee, which was
composed solely of ardent foes of Thaksin. With slight
sarcasm, Thaksin said he was happy to have been convicted, as
his opponents in the political class would only face larger
problems as a result of treating him unfairly.
4. (C) Comment: Some provisions of law under which Thaksin
and his wife were charged were subject to the court's
interpretation, and reasonable people may disagree about
whether this was a politicized verdict. Most Thais
anticipated this conviction; Thaksin himself predicted it to
the Ambassador in July (ref C). Potjaman's July 31
conviction for tax evasion (ref B),which helped prompt her
and Thaksin to flee for London, made it clear that the
Shinawatras had lost their ability to influence the courts.
The land purchase in question was relatively transparent, and
the Shinawatras' actions at issue in this case do not shock
the public's conscience.
5. (C) Comment (continued): There are numerous warrants
outstanding for Thaksin's arrest, based on other pending
charges. (A prosecution cannot begin against a defendant in
absentia.) Even were he had been acquitted in this case,
Thaksin could not easily have returned to Thailand. The
conviction will hearten Thaksin's opponents and make it
difficult for the People's Power Party to campaign as
advocates for Thaksin's return, as the party did in the last
election. Given that Thaksin continues to play a substantial
role in politics through informal means, however,
anti-government demonstrators are not likely to declare
victory and stop pressuring the Somchai administration. End
Comment.
6. (U) Suggested press guidance:
Q: What is your reaction to former Prime Minister Thaksin's
conviction?
A: We respect the decision of the Thai judiciary.
JOHN