Fugitives

On the 5th August 2008, Pojaman Shinawatra along with her adopted brother and secretary flew to Beijing to see the Opening of the Beijing Olympic Games. Thaksin Shinawatra had flown earlier to give a lecture in Japan, and the two were expected to meet up in China. According to reports they already had reservations on a Thai Airways flight back to Bangkok for Sunday 10th August. This would mean that they could present themselves to the Supreme Court on Monday 11th as had been arranged when their permission to leave the country had been granted.

By Thursday 8th 2008, there was already speculation that they might be seeking exile, possibly in China. The rumours intensified when it was learnt that Pojaman was taking a large number of suitcases with her, and that she had a tearful farewell with all three of her children when they saw her off.

By Friday 9th 2008, confirmation of flights were circulated to all the local media and temporary ended speculation, with many people close to Thaksin stating that there was no way that the couple would fail to fly back to Thailand on the dates previously announced. Even former Foreign Minister Surakiart Sathirathai, stated that it would be extremely difficult for someone like Thaksin to find a country which would give him exile.

With reporters at the airport, it was quickly announced that both Thaksin and Pojaman Shinawatra had failed to catch their flight TG 615, and rumours that the couple had fled to England started to spread, although it was still possible at this time for the couple to catch a later plane and go directly to the Supreme Court. Rumours were also circulating that the couples three children had already left Thailand, and planned to meet up with their parents in London.

With their failure to present themselves On Monday 11th August 2008, the Supreme Court's Criminal Division for Political Office Holders issued an arrest warrant for the couple. The panel of judges ruled that both failed to abide by the conditions set by the court for their permission to leave the country. The court forfeited Bt8 million bail money posted by Thaksin and Bt5 million by Pojaman.

Thaksin and Pojaman Shinawatra became once again exiles and fugitives.

Shortly afterwards Thaksin issued a statement from London saying simply, Today is not my Day". He then went on to state on how he felt that his and his family's lives had been threatened on numerous occasions. He accused the country's legal system of employing "double standard" in their proceeding with legal matters against him and his family.

3rd Day of defence witnesses

For the third day of defence witnesses, five witnesses were scheduled to testify; Tewee Chavphijit (นายทร ชาวพิจิตร),Director of the legal and litigation division at the justice department; Malee Manmintra (น.ส.มาลี แม้นมินทร์), Deputy Director of Bangkok City planning department; Viboonsaitej Thitapan (นางวิบูลย์เพ็ญ หิตะพันธ์), from the Auditor Generals office; A Director of the Bank of Thailand and Viliwaan Sasanantra (นางวิไลวรรณ ศศานนท์), also an official at the Auditor Generals office.

The hearing started with an announcement from the legal representatives of Thaksin and Pojaman Shinawatra. They told the Justices of the Supreme Court that they had been advised by their clients, that their services would no longer be required. They additionally requested the courts permission to withdraw from the case.

After a thirty minute recess, the Judges announced that they were not going to allow either of the legal representatives, Anek Kamchum (เอนก คำชุ่ม) and Kamnuan Chaloptham (นายคำนวณ ชโลปถัมภ์) to withdraw from the trial,

"The court considers that the defendants are still in the court's jurisdiction because the defendants had surrendered to authorities, and the court had granted them bail," chief judge Tonglor Chomngarm (นายทองหล่อ โฉมงาม) said. He then announced that the hearings would proceed as planned. The court also told the couple's lawyers that it was up to their own judgement whether to question any of the defence witnesses.


Tewee Chavphijit of Legal and Litigation division of the Justice Department testified about legal issues concerning property sold through auction.

Viboonsaitej Thitapan of the Auditor Generals Office testified about the role of the OAG in auditing, scrutinizing, overseeing and recommendation for legal proceedings to the FIDF

Malee Manmintra the Deputy Director of Bangkok City Planning Department testified about the new Bangkok City Plan, and how this cancelled out the previous restrictions that were in place in the area surrounding the Thailand Cultural Centre and how the plan had originated from the Bangkok Metropolitan Administration, but did require cabinet approval before it could be legally implemented. She conceded that as a result of the new plan, land surrounding the Cultural Centre was now allowed to build taller buildings, but pointed out that this was more to do with land which was within 500 meters of the subway station, and the land which was auctioned to Pojaman Shinawatra was outside this zone. The previous rule which limited the height to approximately nine stories or 23 meters in height was no longer in effect, and the land was designated as allowing medium rise buildings.

Pavangthip Prampajon a Director of the Bank of Thailand testified about why the value of the asset was reduced by the FIDF from 2,140,357,500 baht to just 1,310,100,000 Baht. Pavangthip testified that in 2001, all FIDF assets were re-appraised in order to get a true reflection of their actual worth. The Asset re-evaluation was to enable the FIDF and Ministry of Finance to set up a new Agency called the Thai Asset Management Company (TAMC), which was tasked with taking over all distressed assets and thereby allow the financial sector to transfer all non - performing loans to the TAMC. The TAMC was then tasked with selling these assets. The TAMC is fully owned by the FIDF.

Viliwaan Sasanantra of the Office of the Auditor General testified that the OAG had not questioned the sale or the sale price.

4th Day of defence witnesses

The fourth day of defence witnesses saw the Defence call the final seven witnesses to testify. These were Tarisa Watanagase (นางธาริษา วัฒนเกส), the Bank of Thailand Governor; Veerapong Uthanont (นายวีระพงษ์ มุทานนท์), an executive with Land and Houses; Verathep Ratanakorn (นายวราเทพ รัตนากร), the former deputy Minister of Finance; Wirat Kulphetprasit (นายวิรัช กุลเพชรประสิทธิ์), from the Legal & Execution department; Sujirat Thongmee (น.ส.สุจิรัตน์ ทองมี) from the Legal & Execution department (Bankruptcy Division); Neungtai Wongtong (น.ส.หนึ่งหทัย วงษ์ทอง), a former FIDF Official and Wasan Thianhom (นายวสันต์ เทียนหอม) from the Securities Exchange Commission.

Before testimony started, Defence lawyer, Anek Kamchum (เอนก คำชุ่ม), again stated that the defendants no longer required their services, but would continue to call each of the witnesses, but would take no further part. All questions to the witnesses were from the bench.

Justice Tonglor asked Land and Houses' executive Veerapong Uthanont if the defendants had a "cozy" relationship with the firm. "Close or not, I don't know," he said. He testified that the company had registered to bid in the e-auction, but had not placed a bid as the company viewed the opening price as too high. When asked what there intentions for the land were, Mr. Uthanont said that they planned to build either houses or a condominium on the plot, but were aware of the height restrictions in the area.

Bank of Thailand Governor Tarisa Watanagase told the court deals done by the Financial Institutions Development Fund did not require prime ministerial or ministerial permission. She testified that oversight of the Fund was carried out by the Office of the Auditor General (OAG)

The Supreme Court issued a summons for a former lawyer of ex-premier Thaksin Shinawatra who is serving a six-month jail term for contempt to testify as a witness in the Ratchadapisek land case. Defence lawyer Kamnuan Chalopatham said following the contempt conviction, the defence had removed Pichit from the list of defence witnesses although the judge deemed it necessary to hear his testimony. "At this juncture, I am not sure whether or not Pichit's statement would be in favour of the defence," he said, arguing that everything would depend on how the questions posed by the presiding judge.

The court continued to schedule Friday 22nd August for testimony by Thaksin and Pojaman Shinawatra, but indicated that a written statement could be presented to the court, even though it would leave the prosecution no chance to examine the witnesses.

The trial comes to an end

The last day of witnesses for the defence saw no witnesses as neither Thaksin or Pojaman Shinawatra returned to Thailand to testify in their defence, and former lawyer for the couple, Pichit Chuenban stated that he had no further information to add to the proceedings and that he had previously given a written statement to the Asset Examination Committee.

The Supreme Court's Criminal Division for Political Office Holders decided it would rule on the Ratchada-phisek land case against Thaksin Shinawatra and his wife Khunying Pojaman on September 17 2008.

As it turned out neither Thaksin or Pojaman Shinawatra or their legal representatives turned up at the court to hear the verdict, and therefore the court again issued arrest warrants for the couple, to hear the verdict on October 21st 2008.

Summary of the Verdict

On Wednesday September 15th 2008 The Supreme Court announced that they would delay the reading of the verdict until October 21st 2008 because neither Thaksin or Pojaman Shinawatra were present in the court. At the same time the Supreme Court issued a warrant for the arrest of both Thaksin and Pojaman. On the 21st October 2008, neither Thaksin Shinawatra, his wife Pojaman or lawyers who represented the couple were present when the Supreme Court finally issued their judgment.



Full version of Judgement (In Thai) can be found Here








The judges voted 8-1 to rule Thaksin guilty.

9-0 - The 1999 anti-corruption act is effective.
9-0 - Appointment of Assets Examination Committee is constitutional.
9-0 - Financial Institutions Development Fund, the land seller, is a government agency.
6-3 - The prime minister has oversight of FIDF.
5-4 - Thaksin Shinawatra violated the 1999 anti-corruption act.
7-2 - Khunying Pojaman Shinawatra is not guilty and her arrest warrant will be cancelled.
7-2 - The Ratchadaphisek land plot and transaction money will not be confiscated.
9-0 - Thaksin is sentenced to a two-year jail term


NCCC Act. Section 4
The court ruled that Thaksin Shinawatra was covered by this section, it also ruled that Pojaman Shinawatra wasn’t covered by the section.

NCCC Act. Section 100
The court ruled that Thaksin Shinawatra was guilty of violating this section, it also ruled that Pojaman Shinawatra wasn’t covered by the section.

NCCC Act. Section 122
The court ruled that Thaksin Shinawatra was covered by this section, it also ruled that Pojaman Shinawatra wasn’t covered by the section. The court ruled that two years imprisonment should be imposed on Thaksin.

Criminal Code. Section 33
The court ruled that no crime had been committed which warranted the forfeiture of the property.

Criminal Code. Section 83
The court ruled that no criminal offences had been committed, and therefore this section was not applicable

Criminal Code. Section 86
The court ruled that no criminal offences had been committed, and therefore this section was not applicable

Criminal Code. Section 90
The court ruled that no criminal offences had been committed, and therefore this section was not applicable

Criminal Code Act. Section 96
The court ruled that all provisions of this section had been met.

Criminal Code Act. Section 152
The court ruled that both defendants were not guilty of this section.

Criminal Code Act. Section 157
The court ruled that both defendants were not guilty of this section.