DSI drops probe against Yingluck
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The Department of Special Investigation has dropped its investigations against Prime Minister Yingluck Shinawatra, who was accused of helping her brother Thaksin conceal his true wealth, citing lack of cause to suspect a criminal offence.
The decision was final and came just days before the case’s March 31 statutory limitation, DSI director-general Tarit Pengdith said yesterday.
Two Democrats, Korn Chatikavanij and Wiratana Kalayasiri, filed a complaint naming Yingluck, Thaksin’s two children – Panthongtae and Pinthongta – and his brother-in-law Bhanapot Damapong as suspects in an alleged scam to cover up Thaksin’s equity stakes in Shin Corp.
The complaint cited violations of the stock market law as well as Article 267 of the Criminal Code as the basis for the DSI investigation.
The DSI subsequently assigned its banking and financial investigators to look into the complaint as well as check for legal consequences of the Supreme Court verdict on the Thaksin asset-seizure case, which outlined how Thaksin had concealed his wealth.
Tarit said the investigation found the case to be without merit to prosecute Yingluck and accomplices.
The alleged stakes cover-up happened from 2002 to 2004, he said, pointing out that at the time, the officers of the stock market and securities exchange were not named enforcers of the Criminal Code, hence under the Criminal Code, Yingluck was not obliged to report equity stakes to them.
The relevant provisions were amended in 2008 to close this loophole but could not be enforced retroactively against Yingluck, he said.
Regarding Yingluck’s statement to the Supreme Court during the Thaksin asset seizure inquiry, he said the remarks could not be construed as perjury. To explain this, he drew on an analogy that if a court found a defendant guilty, there was no justification to prosecute all defence witnesses.
He said although the high court’s verdict specifically mentioned that Yingluck held shares as Thaksin’s nominee, this fact was pertinent to the Thaksin case only and not a crime to be tried as a separate case.
