They were accused of malfeasance. The court said it found no evidence to support the prosecution’s allegation that Sirote Swasdipanich, former directorgeneral of the Revenue Department, and the other defendants had helped Pojaman and her brother Bannapot Damapong evade taxes.
In February 2009, the Criminal Court acquitted Sirote and four former officials of the Revenue Department of charges of dereliction of duty. Prosecutors had accused them of intentionally failing to collect taxes from Pojaman and Bannapot in 1997, when she transferred 4.5 million shares worth Bt738 million in Shin Corp.
In December 2006, the National AntiCorruption Commission declared that Sirote and four of his colleagues had committed severe malfeasance by failing to collect tax from Pojaman for transferring shares as well as Bannapot’s subsequent transfer of the shares to a family maid. The transfer apparently cost Bt7.38 million in fees.
In its verdict yesterday, the Appeals Court said the defendants had no authority to collect taxes from Pojaman and Bannapot. The court said it did not need to follow the NACC’s decision against Sirote and the other Revenue Department officials.