THAI FORMER PRIME MINISTER THAKSIN CONVICTED

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