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Thaksin claims charges are politically motivated
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1:00 am, August 4, 2008
Conviction for Thaksin could mean FA sanctions
By James Chapelard
The FA Premier League would reassess Thaksin Shinawatra's suitability to own Manchester City Football Club if he is convicted of a criminal offence in Thailand.
He is facing four charges in the Thai supreme court, all of which he denies, with verdicts expected in September. A single conviction, however, would prompt fresh scrutiny under the Premier League's fit and proper persons test.
A Premier League spokesman told Crain's: “It is an ongoing test. We will look into it. If there are developments we will look at them.”
Under Premier League rules, UK convictions for fraud, corruption or tax evasion — or “like offences” in foreign courts — mean that a football club director or shareholder would no longer be considered a fit and proper person. Once deemed not fit and proper, a director or owner has to be asked by the Premier League to resign from the board and give up his financial interest in the club.
If the person fails to resign and the club fails to remove him, rule D10 says the Premier League board “shall have power” to suspend the club from the competition.
Although the test has been in place for a number of years no owner has yet been asked to sell his stake in a club. The Premier League said it could only take action over convictions, not allegations.
Asked whether Thaksin would be asked to give up his shareholding in the club if convicted, a Premier League spokesman added: “We are talking hypothetically at the moment. We would have to look at that situation and examine the law book. We would have to seek legal counsel to see what is reasonable and permissible.”
Thaksin passed the fit and proper persons test when he bought the club in summer 2007.
FA-registered lawyer Lindsey Bell, of JMW Solicitors in Manchester, said: “They are going to have to look at it. If he is convicted and if the offences are similar to the schedule of offences, I think he would be disqualified. With a high-profile matter like this they would have to be seen to be doing the right thing.”
Bell said Thaksin may argue that the Thai supreme court was not “competent” because the charges were brought for political reasons. Four charges against Thaksin are now being considered by the supreme court.
Two new ones added last week involve allegations of malfeasance in relation to a government lottery and allegations that the former Thai prime minister arranged soft loans while in office to enable the Burmese military dictatorship to buy telecoms equipment from his Shin Corp conglomerate.
Politically motivated
Other supreme court charges include the alleged abuse of power for the benefit of family businesses and a charge that he helped his wife Pojaman buy government land in central Bangkok for a third of its value. Thaksin and his wife deny any wrongdoing and insist all charges against them are politically motivated.
Thaksin was dealt a heavy blow last week when Pojaman was found guilty by a lower court of evading 546m baht (£8.2m) in tax following a 1997 shares transfer in Shin Corp. She was sentenced to three years in jail but released on bail pending appeal.
The Nation, an anti-government (and therefore anti-Thaksin) Bangkok newspaper said last week's verdict against Pojaman “effectively means that Thaksin has lost”.
The Manchester City owner returned to Thailand in February to try to clear his name and recover £900m of assets frozen by the military junta who ousted him as prime minister in a bloodless coup in 2006.
He now has to seek permission to leave the country and has been granted permission to travel to China and Japan this week.
A spokesperson for Thaksin said on Friday that the couple would not be seeking asylum abroad and had faith in the Thai justice system, which has asserted its independence in recent months to the surprise of political analysts.
“I can assure you that Mr Thaksin will return to Thailand as scheduled, after attending the opening of the Olympics in Beijing on August 9 and 10,” spokesman Pongthep Thepkanchana said.
COMMENTS? jchapelard@crain.com
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