Potjaman Na Pombejra

Section 29 of the Bank of Thailand Act of 1942 stated that the Prime Minister did not have jurisdiction to oversee the FIDF, because those managing the fund had sole authority for policies, control, oversight and regulations governing the agency.

Pridiyathorn's testimony to the court occurred in secret - Thaksin's legal team was not allowed in the room.

The FIDF later noted that the land was sold to the Shinawatras at a price greater than its appraised value.

Khun Ying Potjaman Damapong (พจมาน ดามาพงศ์; ), formerly Potjaman Shinawatra (พจมาน ชินวัตร; ), née Soypetpotjaman Damapong (สร้อยเพชรพจมาน ดามาพงศ์; ) (born 22 November 1956) is the ex-wife of former Thai Prime Minister Thaksin Shinawatra.

Potjaman was the youngest child and only daughter of Potjanee Na Pombejra and her husband Samoe Damapong, a police general who excelled in his work on crime suppression and investigation and became a Deputy Commissioner-General of the Royal Thai Police.

Samoe Damapong came from a family of Lao origin; his paternal grandfather was an Isan Lao from Nong Khai while his maternal grandmother was a princess of the Na Champassak family.

In the late 1970s and 1980s Potjaman worked with Thaksin to develop his various commercial ventures.

Potjaman and Thaksin married in July 1976, and they went on to have one son, Panthongtae, a businessman, and two daughters, Pinthongta and Paethongtarn.

The SEC did find that Panthongtae committed minor infractions with regard to information disclosure and public tender offers in transactions between 2000 and 2002.

He was fined 6 million THB (about US$150,000).

Allegations of insider trading by Potjaman, other Shinawatra family members, Shin Corporation Corp executives, and major shareholders were also investigated.

No irregularities were found.

On 23 January 2006, the Shinawatra family sold their entire stake in Shin Corporation to Temasek Holdings.

The Shinawatra and Damapong families netted about 73 billion baht tax-free from the sale, using a regulation that made individuals who sell shares on the stock exchange exempt from capital gains tax.

The Thailand Securities and Exchange Commission investigated the transaction and cleared the entire family from wrongdoing, except for Potjaman's son, Panthongtae.

On 21 September 2006, the Revenue Department sent a letter to the Shinawatras advising the Shinawatra family not to pay taxes on the transaction.

Also in 2006, Revenue Department Director-General Sirot Sawadpanish testified to the military junta's Assets Examination Committee that the transaction was not taxable.

The junta investigated Sirot and 6 other senior Ministry of Finance officials for their role in dispensing legal advice regarding the transaction.

The AEC demanded that Potjaman testify to the committee, and threatened to jail her if she did not.

After Thaksin was deposed by a military coup, the junta-appointed Assets Examination Committee accused her of irregularities in the purchase of government-owned land.

However, the Bank of Thailand, which supervised the sale of the land, claimed that the sale was conducted properly.

In January 2007, the Financial Institutions Development Fund complied with the Assets Examination Committee request to file a charge against Thaksin and his wife over their purchase of four 772 million baht plots of land from the FIDF in 2003.

The charge was based on alleged violation of Section 100 of the National Counter Corruption Act, which specifies that government officials and their spouses are prohibited from entering into or having interests in contracts made with state agencies under their authorisation.

However, Section 4 of the Act indicates that persons committing malfeasance must be direct supervisors of the damaged party - in this case, the FIDF.

At the time, Bank of Thailand Governor Pridiyathorn Devakula directly supervised the FIDF, not Thaksin.

The case went to the Supreme Court on 10 July 2007.

On 21 October 2008, the Supreme Court of Thailand's Criminal Division for Holders of Political Positions delivered a verdict on the Ratchadaphisek Land purchasing case, ruling that: As Thaksin and wife [Potjaman] defended themselves that the FIDF was not an administrative agency or state enterprise, and Thaksin, as the Prime Minister, had no powers and duties to supervise, scrutinise or monitor the Fund, resulting that the land purchasing case was not a conflict of interest.

The Court: By unanimous resolution, holding that the Fund was the administrative agency under Section 100, Subsection (1), of the National Counter Corruption Organic Act, BE 2542 (1997).

By 6:3, holding that Thaksin was a de facto supervisor of the Fund.

By 7:2, holding that Potjaman was not a holder of political position or public authority prohibited under Section 122 of the Organic Act.

And by unanimous resolution, holding that the purchased land and all other properties gained in this case could not be seized under Section 33, Subsection 1 and Subsection 2 of the Criminal Code.

Therefore, Thaksin was found guilty of abusing his power to help his wife purchasing the land at a knock-down price, being sentenced to two years in imprisonment.

All accusations against Potjaman in the case shall lapse together with the arrest warrant whereof.

However, as Thaksin was dwelling aboard, the arrest warrant was issued to bring him back to the domestic punishment.

Soon after the verdict was handed down, Thaksin gave a telephone interview to Reuters, stating he had expected the imprisonment term.

He was quoted as remarking that "I have been informed of the result. I had long anticipated that it would turn out this way", and adding that the case was politically motivated.

Potjaman was found guilty on 31 July 2008, and sentenced to 3 years imprisonment.

She was released on 5 million baht bail.

Bangkok Criminal Court Judge Pramote Pipatpramote also convicted Potjaman's adopted brother, Bhanapot Damapong, and her secretary: "The three defendants have high economic and social status. But, they were working together to avoid taxes, even though the taxes amounted to little compared to their assets."

On 10 August 2008, Thaksin and Potjaman flew to London from Beijing, where he had been attending the 2008 Summer Olympics Opening Ceremony.