The Assets Examination Com-mittee (AEC) is expected today to sue former prime minister Thaksin Shinawatra and 46 fellow defendants over abuse-of-power and graft charges relating to the government's decision in 2003 to introduce the two- and three-digit lotteries.

If found guilty, Thaksin, his Cabinet and senior lottery officials are liable to pay a combined Bt6.9 billion in damages. They will also face a jail term of more than two decades each for more than 16 indictments under the Criminal Code and relevant laws on corruption, excise, lottery and fiscal management.

The case is expected to be lodged with the Supreme Court's Criminal Tribunal for Office Holders for a fast-track review for corruption.

The Law Society of Thailand will represent the plaintiff after the AEC decided to bypass the Office of the Attorney-General due to differences on two legal opinions relating to the investigative report and defendants.

After filing the plaintiff writ, the AEC plans to send a memorandum alerting Prime Minister Samak Sundaravej to the implications of the pending litigation.

Three incumbent Cabinet members were involved in the 2003 lottery decision and face trial: Deputy Prime Minister and Finance Minister Surapong Suebwonglee, Labour Minister Uraiwan Thienthong and Deputy Transport Minister Anurak Jureemas.

The gist of the litigation will centre on a plaintiff argument that Thaksin and other defendants intentionally conspired to misread relevant provisions in order to produce a wrongful decision for the new lottery.

Even though the revenues from the lotteries were meant for charities and for the subsidisation of police work, the channelling of funds is not the issue. The illegal means by which they are generated, however, is.

The plaintiff further contends that the defendants have violated relevant provisions in appropriating the lottery revenues.

The Nation - Published on March 10, 2008