Dr.Thaksin Shinawatra and his wife jointly submitted the petition to the Court that both of them have high respect for the justice system and the laws, both have no intention to avoid or flee. Both defendants are willing to stand trial and prove their case to the Court. However, due to special circumstances as explained below, both cannot return to Thailand to stand trial, therefore, Dr.Thaksin and his wife request the Court to consider postpone the hearing until 30 days after the general election of Thailand .
The reasons both defendants claim as grounds for postponement of the trial are:
- Personal Security : During the period that Dr.Thaksin was the Prime Minister of Thailand, there were various political as well as economic conflicts with many people. On September 24, 2006, there was an assassination-attempt by car bomb. The case is now under the hearing by the relevant court having jurisdiction over the case. The lawyers also presented evidence of such car bomb news as shown on various newspapers.
Further, on September 19, 2007, the military has conducted a coup de Tat against Dr.Thaksin's democratically elected government. Such coup has thrown out power of Dr. Thaksin as democratically elected leader of the country and the military has appoint General Surayud Chulanond as a prime minister to replaced Dr. Thaksin. Since September 19, 2006, there have been political conflicts between Dr. Thaksin and the military. The military are skeptical that Dr. Thaksin may seek to regain his title and his polpularity with the general Thai public.
Further, from time to time since September 19, 2006, both General Surayud Chulanond and General Sondhi Bunyaratglin, leader of the junta have made several public announcement that it is not safe for Dr. Thaksin to return to Thailand and that it may be dangerous for his life. (The defendants' lawyer have submitted photocopies of various newspaper interviews given by the two Generals).
There is no safety for Dr. Thaksin and his wife if they return to Thailand to defend this case if Thailand is still governed by the military appointed and controlled government.
- Both Defendants will not have a fair trial. During the period where the government is under control of military, both defendants will not be able to have fair access to documents, informations, facts and witnesses to testify in Court for them. The Asset Examniation Committee which conducted the investigation of this matter was a special body set up by military to investigate only Dr.Thaksin's government. The AEC comprised of members who are public enemy and have personal conflict with Dr. Thaksin. Various government officials including those of the FIDF and the Bank of Thailand were threaten by the AEC to place charges against their original judgement. Many government officers will not dare to testify against the AEC as they afraid of unfair consequences from the AEC and the military. The AEC has made many defamation statements and accusation against Dr.Thaksin to deceive and mislead the general public to view that Dr.Thaksin is a corrupted politician, thus, no one will dare to testify against public opnion wrongfully formed by guidance of the AEC and the military.
As long as the military remain in control of the government, both defendants will not be able to find any evidence and/or witness to prove their case. Therefore, it will be fair and justified to postpone the hearing until Thailand has new democratically elected government not easily influenced by military.
- National Reconciliation : If the defendants return to Thailand to defend their case at this stage, there could be protests or demonstrations by various group of supporters as well as group of those anti-Dr.Thaksin. The country will be divided further and more conflicts will arise. There could be a case where certain group may manipulate the disputes and there could be crash between Thai people. The defendants do not wish to be originator of further conflicts among Thais. As there will be general election in 5 months, the new democratically elected government can then commence national reconciliation campaign and they will have justifiable grounds to lead the country.
If both defendants return to Thailand after the general election, there is less chance of having a major dispute or conflict among Thais.
- Dr.Thaksin is no longer politician : The case was submitted for the review of the Department of Criminal offence by Politician of the Supreme Court, however, Dr.Thaksin is no longer public officer nor politician. The purpose of the laws that require matters to be heard by Department of Criminal Offence of Politicain is for special case where the citizen or the State take legal action against politician who remain in office and thus have power over various entity of government. There is no reason to rush this case against Dr.Thaksin as he is no longer government officer, nor politician.
Both defendants undertake to the Court that they will return to Thailand to stand trial within 30 days after the completion of the general election.
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