Khun Ying Potjaman DamapongKesinee Taengkhiew. 13 January 2010. "Thaksin's judgement day". The Nation click > (; ), formerly Potjaman Shinawatra (; ), née Soypetpotjaman Damapong (; Watthaya (2005), pg. 220) (born 22 November 1956) is the ex-wife of former Thai Prime Minister Thaksin Shinawatra and mother of the former prime minister Paetongtarn Shinawatra.
Early life and family Potjaman was the youngest child and only daughter of Potjanee na Pombejra and her husband Samoe Damapong, a police general who excelled in his work on crime suppression and investigation and became a Deputy Commissioner-General of the Royal Thai Police. Samoe Damapong came from a family of Lao origin; his paternal grandfather was an Isan Lao from Nong Khai while his maternal grandmother was a princess of the Na Champassak family.
Potjaman and Thaksin married in July 1976, and they went on to have one son, Panthongtae, a businessman, and two daughters, Pinthongta and Paethongtarn.Baker et al (2009), p. 38-39 In the late 1970s and 1980s Potjaman worked with Thaksin to develop his various commercial ventures.Baker et al (2009), p. 40
Sale of Shin Corp On 23 January 2006, the Shinawatra family sold their entire stake in Shin Corporation to Temasek Holdings. The Shinawatra and Damapong families netted about 73 billion baht tax-free from the sale, using a regulation that made individuals who sell shares on the stock exchange exempt from capital gains tax.
The Thailand Securities and Exchange Commission investigated the transaction and cleared the entire family from wrongdoing, except for Potjaman's son, Panthongtae.
The SEC did find that Panthongtae committed minor infractions with regard to information disclosure and public tender offers in transactions between 2000 and 2002. He was fined 6 million THB (about US$150,000).
Allegations of insider trading by Potjaman, other Shinawatra family members, Shin Corporation Corp executives, and major shareholders were also investigated. No irregularities were found. On 21 September 2006, the Revenue Department sent a letter to the Shinawatras advising the Shinawatra family not to pay taxes on the transaction. Also in 2006, Revenue Department Director-General Sirot Sawadpanish testified to the military junta's Assets Examination Committee that the transaction was not taxable.The Nation, Shinawatra siblings to take fight to top court ; accessed 27 November 2006. The junta investigated Sirot and 6 other senior Ministry of Finance officials for their role in dispensing legal advice regarding the transaction.The Nation, Top official shifts blame: Collection down to Revenue: Suparut ; accessed 4 July 2007. The AEC demanded that Potjaman testify to the committee, and threatened to jail her if she did not.The Nation, Pojaman gets jail warning ; accessed 7 June 2007.The Nation, Wife of exiled PM asks AEC to delay hearing on sales of Shin stocks, nationmultimedia.com. 19 June 2007.
Ratchadaphisek land purchase controversy After Thaksin was deposed by a military coup, the junta-appointed Assets Examination Committee accused her of irregularities in the purchase of government-owned land. However, the Bank of Thailand, which supervised the sale of the land, claimed that the sale was conducted properly.The Nation, Pojaman purchase lawful: BOT , 2 November 2006
In January 2007, the Financial Institutions Development Fund complied with the Assets Examination Committee request to file a charge against Thaksin and his wife over their purchase of four 772 million baht plots of land from the FIDF in 2003.
The charge was based on alleged violation of Section 100 of the National Counter Corruption Act, which specifies that government officials and their spouses are prohibited from entering into or having interests in contracts made with state agencies under their authorisation. However, Section 4 of the Act indicates that persons committing malfeasance must be direct supervisors of the damaged party - in this case, the FIDF.
At the time, Bank of Thailand Governor Pridiyathorn Devakula directly supervised the FIDF, not Thaksin.The Nation, FIDF to sue ousted premier, Pojaman Section 29 of the Bank of Thailand Act of 1942 stated that the Prime Minister did not have jurisdiction to oversee the FIDF, because those managing the fund had sole authority for policies, control, oversight and regulations governing the agency.The Nation, Pridiyathorn speaks up for Pojaman
Pridiyathorn's testimony to the court occurred in secret - Thaksin's legal team was not allowed in the room. The FIDF later noted that the land was sold to the Shinawatras at a price greater than its appraised value.The Nation, "Fund 'was not aware' it sold land plot for loss" The case went to the Supreme Court on 10 July 2007.Asia-Pacific, BBC News, Thai court will open ex-PM case, 10 July 2007.
Verdict On 21 October 2008, the Supreme Court of Thailand's Criminal Division for Holders of Political Positions delivered a verdict on the Ratchadaphisek Land purchasing case, ruling that: As Thaksin and wife [Potjaman] defended themselves that the FIDF was not an administrative agency or state enterprise, and Thaksin, as the Prime Minister, had no powers and duties to supervise, scrutinise or monitor the Fund, resulting that the land purchasing case was not a conflict of interest.
The Court: By unanimous resolution, holding that the Fund was the administrative agency under Section 100, Subsection (1), of the National Counter Corruption Organic Act, BE 2542 (1997). By 6:3, holding that Thaksin was a de facto supervisor of the Fund. By 7:2, holding that Potjaman was not a holder of political position or public authority prohibited under Section 122 of the Organic Act. And by unanimous resolution, holding that the purchased land and all other properties gained in this case could not be seized under Section 33, Subsection 1 and Subsection 2 of the Criminal Code.
Therefore, Thaksin was found guilty of abusing his power to help his wife purchasing the land at a knock-down price, being sentenced to two years in imprisonment. All accusations against Potjaman in the case shall lapse together with the arrest warrant whereof. However, as Thaksin was dwelling aboard, the arrest warrant was issued to bring him back to the domestic punishment.Thaksin guilty of corruption, BBC.co.uk. Accessed 21 October 2008.
Soon after the verdict was handed down, Thaksin gave a telephone interview to Reuters, stating he had expected the imprisonment term. He was quoted as remarking that "I have been informed of the result. I had long anticipated that it would turn out this way", and adding that the case was politically motivated."Thaksin guilty of corruption", bangkokpost.com. Accessed 21 October 2008.
Judgment Potjaman was found guilty on 31 July 2008, and sentenced to 3 years imprisonment. She was released on 5 million baht bail. Bangkok Criminal Court Judge Pramote Pipatpramote also convicted Potjaman's adopted brother, Bhanapot Damapong, and her secretary: "The three defendants have high economic and social status. But, they were working together to avoid taxes, even though the taxes amounted to little compared to their assets.""Ex-Thai PM's wife guilty of tax fraud", iht.com. Accessed 2 November 2022.
Request for asylum in Britain On 10 August 2008, Thaksin and Potjaman flew to London from Beijing, where he had been attending the 2008 Summer Olympics Opening Ceremony. In doing so he violated the terms of his bail."Thaksin to Live in U.K. Amid Court Case in Thailand", wsj.com. Accessed 2 November 2022. Thaksin said that it was his wish to return to Thailand someday, but claimed it was not currently safe enough for him and his family."Ex-Thai PM 'will remain in UK'", bbc.co.uk. Accessed 2 November 2022.UPDATE 2-Ex-Thai PM Thaksin skips bail, stocks jump, reuters.com. Accessed 2: November 2022. Thaksin announced his intention to seek political asylum in Britain."Former Thai premier seeks asylum in Britain" His three children had reportedly flown ahead to Britain."Thaksin seeks asylum in Britain", people.com. Accessed 2 November 2022. Meanwhile, Thailand's Supreme Court issued an arrest warrant for both Thaksin and his wife for jumping bail."Thai Supreme Court issues Thaksin arrest warrant", reuters.com. Accessed 2 November 2022.
Thai Supreme Commander Gen. Boonsrang Niempradit and opposition leader Abhisit Vejjajiva accused Thaksin of hurting Thailand and damaging its reputation: "His Majesty the King recognizes highly the importance of the judiciary … The public should follow him.""Thaksin accused of hurting Thailand", upi.com. Accessed 2 November 2022.
Arrest warrants On 17 September, Chief Justice Thonglor Chom-ngarm and the judges unanimously postponed the reading of the verdict to 21 October, and issued fresh arrest warrants for Thaksin and Potjaman."Thai court issues fresh warrant for ex-PM Thaksin"
Cancellation of UK visa On 10 November 2008, the Department of Foreign Affairs (Philippines) Undersecretary Franklin Ebdalin stated "the government would 'politely' turn down any request for political refuge from the fugitive Thai leader, due to Manila's 'friendly' relations with Bangkok. If an applicant for political asylum insists, the first thing the friendly country customarily does is to send him back to his home country. The Department of Foreign Affairs had not received 'feelers' that Thaksin wanted haven in the Philippines. Of course, he wouldn't want to be embarrassed, that's why I don't think he would make such a request. He's no ordinary figure. He's a former prime minister of Thailand."newsinfo.inquirer.net, RP closes door on Thaksin Amid Thai newspaper reports that Thaksin may land in Manila, his brother-in-law, Somchai Wongsawat, was set to arrive for a scheduled state visit on November 10 with Gloria Macapagal Arroyo about the 2008 financial crisis.afp.google.com/article, Philippine asylum for Thaksin unlikely: foreign dept official channelnewsasia.com, Philippine foreign dept official says asylum for Thaksin unlikely, channelnewsasia.com. Accessed 2 November 2022.
The British Government Home Office revoked Potjaman Shinawatra and Thaksin's visas, while the Bangkok British Embassy e-mailed airlines advisory directing them to disallow Thaksin or his wife from boarding flights to the United Kingdom. "U.K. visa revoked, Thaksin looks for new home", iht.com. Accessed 2 November 2022. But Thaksin's spokesman, Phongthep Thepkanjana, said: "I spoke with Thaksin's secretary and he said that Thaksin still had not been notified by the British government." Thaksin was reported to be travelling in East Asia, having been forced to look for a home. Thaksin still remains honorary president of the Manchester City Football Club, which he sold in August."UK revokes former Thai PM's visa", bbc.co.uk. Accessed 2 November 2022. Thaksin had considered sanctuaries such as China, the Philippines and the Bahamas. The Times reported the Thaksins were granted Bahamas honorary citizenship and the couple are building a £5.5 million home in China. The visa revocation rendered moot the UK extradition issue, but Thai prosecutors complained "it would now be harder to keep track of him, and he could end up in a country with which Thailand does not have an extradition treaty." Somchai Wongsawat said: "The revoking of the visas is the decision by the Government of Great Britain. We cannot criticise.", timesonline.co.uk. Accessed 2 November 2022.
Meanwhile, Thaksin's attorney, Udom Prongfa filed a counter-charge against Veera Somkwamkid with the Crime Suppression Division (CSD): "Mr Veera went ahead and filed the charge even after the Royal Thai Police Office had concluded Mr Thaksin had done nothing wrong." Also, thousands of Thaksin supporters at the stadium gathered and claimed that only "royal kindness or the power of the people" could bring him home. "Thaksin lawyer files counter-charge against Veera", bangkokpost.com. Accessed 2 November 2022.