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發表於 2008-8-1 23:58:54
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GUILTY [size=-1]Potjaman convicted of share tax evasion / Jailed for three years, out on bail / Ratchada land trial defense begins today
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Khunying Potjaman Shinawatra leaves the Criminal Court with herhusband, deposed prime minister Thaksin, and their children after thecourt convicted her and two other defendants of tax evasion. |
TheCriminal Court found Khunying Potjaman Shinawatra guilty of tax evasionyesterday, sentencing her to three years in jail - a precedent-settingruling in the first of a series of court cases looming over theShinawatra family.
The Supreme Court's Criminal Division for Holders of PoliticalPositions today begins hearing the defence in the trial of KhunyingPotjaman and her husband, former prime minister Thaksin Shinawatra, inthe 772-million-baht Ratchadaphisek land case.
She is accused of buying a block of state-owned land at adeflated price with the aid of her husband while he was prime minister.Mr Thaksin is accused of abusing his authority.
The first defence witness in the case is scheduled to testifytoday, and the last on Aug 22. Khunying Potjaman is expected to appearas a defence witness on the final day.
The Supreme Court will then issue its verdict. There can be no appeal.
Khunying Potjaman, Mr Thaksin and three others also facecharges in the SC Assets Corp share concealment case.
TheOffice of the Attorney-General has delayed a decision on theindictment, awaiting documents from the Department of SpecialInvestigation. If indicted, the trial would be in the Criminal Court.
The Criminal Court yesterday found Khunying Potjaman, herstep-brother Bannapot Damapong and her secretary Karnchanapa Honghernguilty of conspiring to evade tax in the share transfer.
The court ruled that the transaction did not really take placein the stock market and was faked to avoid tax.
Bannapot and Khunying Potjaman claimed the shares were a gift,but the court said that was not plausible.
Even though Bannapot was not as wealthy as Khunying Potjaman,the court was not convinced that he needed financial aid.
The court found Khunying Potjaman and Bannapot had deliberatelyavoided paying 546 million baht in tax for the transfer of 4.5 millionshares in the Shinawatra Computer and Communications, now Shin Corp,worth 738 million baht.
Both were sentenced to two years in prison for conspiracy toevade tax and one additional year for giving false statements to stateagencies with the intent of evading tax.
Karnchanapa was also found guilty of colluding in tax evasionand given a two-year jail sentence.
The court also reproached the three defendants - especiallyKhunying Potjaman - for failing to set a good example for society.
"The three defendants are of high economic and social status.When the offence was committed, the second defendant [KhunyingPotjaman] was the wife of a holder of political office. Not only arethe defendants bound to be decent citizens, they are expected to setgood examples.
"However, the defendants colluded to evade taxes, which is inviolation of the law and is unfair to society and the tax system.
"Moreover, the amount of tax to be paid by the first defendant[Bannapot] is incomparable to the amount of assets held by the seconddefendant and her family," the court said. Their offence was serious,it said.
The court spent almost two hours reading the 48-page verdict.Before the verdict was read, the court said the ruling was passedwithout prejudice and the parties concerned should appeal if they werenot happy with it.
The three defendants were then released on bail of five million baht each.
Metha Thamviharn, lawyer for Bannapot, said he would appeal theverdict within 30 days and might ask for an extension because therewere several points to argue.
A spokesman for Mr Thaksin also confirmed the case would befought "all the way to the Supreme Court".
Senator Ruangkrai Leekitwattana, who initiated the sharetransfer saga, said the ruling should serve as a lesson for the RevenueDepartment. The verdict made it clear that any attempts to evade taxeswould justify a criminal penalty.
Revenue Department chief Sanit Rangnoi admitted the ruling,which blamed the department for mistaking the share transfer as a gift- which led to a tax evasion, may affect the agency's stature. |
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