The Supreme Court's Criminal Division for Holders of Political Positions has accepted for trial a lawsuit against ousted premier Thaksin Shinawatra over his approval of the Finance Ministry's plan to be an administrator of Thai Petrochemical Industry's (TPI) rehabilitation plan in 2003.
In the lawsuit, Thaksin was accused by the National Anti-Corruption Commission (NACC) of malfeasance when he endorsed the Finance Ministry's decision to administrate the rehabilitation plan for TPI.
The lawsuit was filed with the court on May 7, eight years after the NACC found Thaksin guilty of malfeasance.
The case was shelved when he fled the country in August 2008 but subsequently revived following the enforcement of a new law on criminal procedures for political office-holders that took effect on Sept 29 last year.
According to the Supreme Court, even though the defendant was not present, he was on trial in court in other cases with outstanding warrants and the lawsuit was filed in line with legal procedures.
The court ordered that the defendant be served with a copy of the lawsuit and a summons to appear in court on June 22 to enter his plea.
If he fails to show on that day, the court is authorised to issue a warrant for his arrest.
If he cannot be brought to trial within three months of the arrest warrant, the trial can proceed in his absence.
According to the court, the fugitive former premier has the right to appoint a lawyer to act on his behalf.
The TPI went bankrupt soon after the 1997 economic crisis and entered a court-ordered rehabilitation scheme.
Based on the lawsuit, as a government agency the Finance Ministry had no authority to act as administrator of a rehabilitation plan under the 2001 law on the reorganisation of ministries and departments.
In seeking to get involved in the TPI in this capacity, the ministry overreached its powers and broke the law.
Thaksin allegedly committed malfeasance when he endorsed the ministry's decision, knowing that the ministry had no authority to serve as administrator or manage the assets of a private company.
Former finance minister Suchart Jaovisidha was also implicated but the charge against him was dropped because he has already passed away.
The TPI case is the seventh lodged against the former prime minister after he was ousted from power in a 2006 coup. He now lives in self-imposed exile overseas and has not returned to answer the charges.
