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BKK POST: Justice from within jail
- Subject: BKK POST: Justice from within jail
- From: suriya@xxxxxxxxxxxx
- Date: Sat, 21 Feb 1998 22:03:00
Bangkok Post February 22, 1998
LIBERTY
Justice from
within jail
A Thai businessman, jailed for alleged
breach of contract in Rangoon,
discovered the truth about his arrest
from fellow inmates - an act that
secured his freedom after 15 months
incarceration.
SUPRADIT KANWANICH
"If you have Thai business partners in Burma make sure that they
are honest and trustworthy, otherwise you could end up in court
and detained in jail like me, " warned Thai businessman Karin
Tongpatchote in an interview with Sunday Perspective.
Karin said he was the first and only Thai person released this
year from the Insein prison.
"My ordeal in the last 15 months is a lesson that I will never
forget," he said.
Late last month, he showed no trace of rancour or bitterness as
he prepared to leave the prison. "I will carry on with my joint
fishing venture with the Burmese authorities," he said.
Others in his position would have thought twice before saying so.
A Thai-Burmese joint fishing venture sent him to jail for months
in Rangoon.
Bad business deal: Why is it then, that he will not quit the
fishing business?
"It's my Thai business partner who is responsible for the three
missing fishing boats - not I," he said.
Karin's former business partner is Thanu Yamsri, the subject of a
warrant of arrest issued by the Hlaing township court in Rangoon
in October of 1996. Thanu remains at large, allegedly engaged in
a fishing business elsewhere in Thailand.
In August of 1995, Burma closed its territorial waters to all
Thai-Burmese joint fishing ventures.
This was largely attributed to a series of fishing-related incidents,
particularly Thai trawlers in no-fishing zones.
The Burmese marine shutdown was also influenced by the
murder of six Burmese crewmen (some were reportedly
Burmese intelligence officials) on board a Thai trawler. The
trawler was also said to be on a Thai-Burmese fishing venture.
Karin was then the chairman of the Bangkokman Import and
Export Inc (BKM) based in Pasadena, California. He was also
chairman of the ONK Mining & Construction Co Ltd in
Bangkok.
In December 1995, Karin found a golden business opportunity
and signed an agreement with the Shan State Development
General Trading Co Ltd. Its representative was the chairman of
the Shan Sate Army (SSA), Sao Sai Naung.
The SSA was to be responsible for all offshore activities and the
BKM for financial assistance to the project.
The deal led to Karin's arrest. Burmese authorities charged him
with breach of contract and cheating.
On September 18, Karin received a fax from SSA Chairman
Sao Sai Naung. The fax claimed that the BKM failed to pay the
rental fees of the fishing boats.
The fax also claimed that one boat was missing.
Karin went to Rangoon and met with SSA officials on
September 25, 1996. He signed an agreement to pay 28.6
million kyats to the SSA before the year was over.
He was supposed to pay half by October, 25 percent by
November, and the last 25 percent by December 1966.
He told the SSA that he would return to Bangkok to withdraw
money and to negotiate with Thanu.
That afternoon, while waiting for his flight to Bangkok, he was
arrested at Rangoon airport.
SSA staff confiscated all documents from the BKM office in
Rangoon. These were never returned. The BKM staff were also
prohibited from involving themselves with fishery operations in
the future.
Intimations of trouble: Five months earlier, Karin was aware
of some irregularities in the contract.
"I was also aware that Thanu and his Burmese associates wanted
me out," he said.
"I told them that if they settled all accounts, they could have the
whole business. But nothing happened. Then I received the fax
calling me to settle things in Rangoon.
"If I was a crook, if I had intended to cheat my Burmese
counterparts, would I have rushed to Rangoon?" he said.
What irregularities did he see in the contract?
Under the contract, Thanu and his party was in charge of
offshore operations such as fishing and managing the expenses
and revenues in fishing operation and trade.
The SSA was responsible for offshore security, and for the
fishing crew.
However, the SSA arrested him when a boat was lost and when
boat rentals were not paid.
It was also found that Thanu and some SSA staff hired at least
two fishing boats without his knowledge. He received no records
of the fishery sales or of the fishing boats' operating expenses.
"The SSA said that no rental had been paid to boats SSA3 and
SSA4. But I found that the SSA had paid 25 million kyat for
rent, but unreported," he said.
Information from prisoners: As of this writing, over 80 Thai
prisoners remain in Insein prison, most of them fishermen.
Some are on drug charges and two are serving 30-year jail terms
for smuggling counterfeit Burmese currency worth tens of millions
kyats.
One was released late last year.
During his 15 months in prison, he said, up to 40 Thai fishermen
were admitted there at least four times. "I do not know how
many more have been incarcerated in the jails elsewhere along
the coastal provinces of Burma.
"I heard that Thai fishermen are arrested every week or two,"
said Mr Karin.
Karin wasted no time in jail. Talking to Thai prisoners in jail like
him, Karin found that Thanu's men stole the "missing" boat.
The Thai inmates told him that the boat belonged to Thanu,
registered in Samut Songkram as Sor Sor 292 under the name of
Siriphairoj 6.
In 1988 it was confiscated by Burmese authorities for
encroaching Burmese waters. It was auctioned and sold to a
Burmese fisherman who registered it under the Burmese vessel
law as Shwe Than Win.
The skipper and crew of Siriphairoj 6, the inmates told him,
had already served their jail terms and have returned to
Thailand.
Karin sent letters to authorities in Burma and Thailand,
saying "The SSA is the plaintiff in this case and it appears
that it is backed by high-ranking authorities to pressure me,
and to turn a small incident into a serious case."
During the court procedure, he said, he requested bail
thrice. He was told he would jump bail unless the Royal Thai
embassy would guarantee him. Then he was told that the
embassy had no such authority.
"I believe that my written petitions had caught the attention
of the highest Thai and Burmese authorities. I believe they
instructed others to look into the dispute. I believe that in
the end, I received justice in a legal courtroom as a result,"
he said.
Delayed departure: Karin could have been released earlier,
as part of the amnesty programme initiated by chairman of
the State Peace and the Development Council of Burma Gen
Than Shwe and Thai Army Commander-in-Chief Gen
Chettha Thanajaro. Three batches of 120, 100 and 98 Thai
prisoners were released to in 1995, 1996 and 1997 under
this programme from Insein prison.
Karin, however, refused to be released because it would
have meant that he was pardoned for crimes he committed.
"I could have been one of them (prisoners) but that amnesty
means I would have to be deported and could never go to
any country."
Karin was determined to prove his innocence. "And more
importantly, I was still unable to gather proof of my
innocent at that time," he said.
At the time, he was still talking to the Thai fishermen who
were in the same jail with him. He used his free time sifting
the facts and composing them into letters which he sent off
to various authorities. His efforts paid off.
Karin believes that his case was justly handled through the
attention of Gen Than Shwe and Gen Chettha as well as
their staff after facts of the matter had been exposed.
Karin said he appeared at the township court twice a month
in the fist four months of detention, four times a month for
another two months, and from Monday to Friday other two
months then he was sentenced.
The rest of seven months in the prison was to work and wait
on the appeal to the district court and the central court until
his case was acquitted.
Lessons in Burmese business: Karin found that business in
Burma rests on written or verbal promises, regardless of the
economy, and regardless of the trading tricks used.
"The Burmese believe in promises. You must do whatever
you say or promise. That's the way we did business in
Thailand 30 to 40 years ago," he said.
Though he was acquitted from all criminal charges, Karin
paid 10 million kyat for the lost vessel as chairman of a
company dealing with local counterparts.
When he was charged for the damage before he was
arrested, he said, he could have denied responsibility as
earlier agreed with the SSA.
After a few months' rest, he said, he would return and
resume business in Burma. There's an ongoing multi-million
US dollar telecommunications project with Japanese and
Western counterparts.
Other interesting projects are the electricity generation
plant, the deep-sea port in Tavoy, industrial parks, and the
railroad link between Thailand and Burma.
"Definitely, I would continue in the fishery business.
However, I would be more careful this time. Proper fishery
operations in Burma could be sustainable," he said.
He said by that Burmese law pronounced him innocent and
he could resume business but "proving my innocence was a
painful experience."
© The Post Publishing Public Co., Ltd. All rights reserved 1998
Contact the Bangkok Post
Web Comments: Webmaster
Last Modified: Sun, Feb 22, 1998
Bangkok Post February 22, 1998
----------------------------
LIBERTY
Chronology of
events
March 13, 1995:
Thai businessman Karin Tongpatchote, on behalf of the ONK
Mining & Construction Co Ltd, signed a joint fishery project
with the Burmese Fisheries Department and the Burmese
Ministry of Livestock and Fisheries.
Several other Thai companies had signed similar fishery joint
ventures with the Burmese authorities, but this one involved
US$430-million (10.75 billion baht), the largest ever undertaken
in Mynmar.
As usual, the Burmese held 51 percent in the joint venture with
Thai businessmen.
August 1955: Burmese authorities complained about Thai
trawlers encroaching Burmese waters.
Thai fishing crew members killed six Burmese crew members on
board a Thai trawler, a Thai-Burmese fishery venture.
Burmese authorities closed Burmese waters to all Thai-Burmese
joint fishery ventures.
October 10, 1995:
Karin and three Thai fishery businessmen, Thanu Yamsri of
Phuket, Oran Theeranantraporn of Samut Prakan and Phulilarp
Rojaprasitporn signed a fishing contract with the Burmese KMN
Co Ltd, a Rangoon-based company representing the ONK.
In behalf of the ONK, Karin invested five million baht in the
venture, Thanu, Oran and Phulilarp invested another five million,
while the KMN assumed management in Burma.
They agreed to jointly manage the marine operations in the Blue
Fishery Zone of Burma, all expenses equally shared and open to
all partners for checking.
Net profits were to be shared on a monthly basis: 45 per cent to
the ONK, 45 per cent to Thanu's party and 10 per cent to the
KMN.
October 15, 1995:
Karin sold the ONK's shares to the US-based Bangkokman
Import and Export Inc (BMN), of which he is the chairman.
December 2, 1995
The BKM signed a 20-year contract to engage in joint fishery
and related projects in Burma with the Shan State Army (SSA)
of the North Shan State (Special Region 3).
The SSA signed the contract in behalf of the Shan State
Development General Trading Co (SSDGTCO).
The SSA was to acquire permits, documents and official
clearance from Burmese authorities. It was also to be in charge
of acquiring boats, land and other facilities. Finally, it would be
responsible for all offshore activities and for providing
manpower.
The BKM was to finance the project, to bring in experts,
equipment, and machinery. It would also be in charge of
facilitating the transfer of technology.
Net profits from some 50 leased Burmese trawlers would be
divided at 20 percent for the SSA and 80 percent for the BKM.
Profits from approximately 50 non-Burmese trawlers would be
divided at a ratio of 33.33 percent for the SSA and 66.67
percent for the BKM.
By mutual agreement, the 20-year contract could be extended
every five years.
The contract was signed by Karin, Thanu, SSA Chairman Sao
Sai Naung and SSA Secretary Sao Khai Hpa.
September 20, 1996:
On behalf of the SSDGTCO, SSA chairman Sao Sai Naung
faxed Karin in Bangkok. The fax reiterated conditions of the
December agreement, that the SSA was responsible for
obtaining work permits for the business and for renting fishing
boats, and that the BKM was responsible for boat and
equipment rental and other operating expenses.
The fax also stated that the BKM had not paid the rent of five
boats, and that the Shwe Than Win-SSA5 was missing, with its
crew members allegedly reporting that the boat was repainted
and taken by unnamed persons.
The fax asked Mr Karin to come to Burma to resolve the
matters.
September 25, 1996:
Karin went to Rangoon and met with the SSA members for two
days. They concluded that the missing boat was stolen by
Thanu's men, who repainted the boat yellow.
They agreed to charge the unpaid rental fees to Thanu, and to file
criminal charges against him.
They agreed to cease operations temporarily and call in all boats
to Rangoon Port until all expenses and rental fees were paid.
September 28, 1996:
In the morning, the SSA gave Karin an itemised list which
included the total amount of boat rentals and the value of the
missing trawler.
In the afternoon, while waiting at Rangoon International Airport
to board a flight to Bangkok, Karin was arrested by policemen
for breach of contract and cheating.
October 3, 1996:
The SSA informed the Fishery Department in Rangoon that all
three fishing boats, SSA-5, SSA-6 and SSA-9 had
disappeared.
December 9, 1996:
Mr Karin sent a petition letter to the Prime Minister, the Royal
Thai Army Commander-in-Chief, the Thai Embassy in Rangoon
and the Ministry of Foreign Affairs in Thailand including the
Prime Minister, the Slorc's Secretary-1 and Secretary-2 and to
all ministers in Burma. The letter said that his request for bail was
denied without any reason.
He wrote that the SSA may have been backed by high
authorities to pressure him and to blow the case out of
proportion.
May 27, 1997:
The Hliang township court sentenced Mr Karin to three years
imprisonment with hard labour under Article 406 (mistrust) and
another seven years under Article 420 (cheating). He was to stay
in jail for 10 years.
On the same day Mr Karin sent a petition letter to the Prime
Minister, the Royal Thai Army Commander-in-Chief, the Royal
Thai Embassy in Rangoon and the Ministry of Foreign Affairs in
Thailand as well as in Burma to the Prime Minister, Chairman,
Secretary-1 and Secretary-2 of the Slorc and to nearly all heads
of Burmese ministries, calling for reconsideration, fair and legal
procedure.
He wrote that he had been in Insein prison for eight months
fighting for justice and clearing all allegations against him.
He said his agreement with the SSA stated clearly that all
offshore activities would be the responsibility of SSA, including
loss of fishing vessels in Burmese waters, and that he was
responsible for the management and fishing expenses.
He wrote that the SSA agreed to drop the charges and allowed
him to leave for Bangkok to get the cash to pay half of the 28.6
million kyats demanded by the SSA. He was arrested at the
airport and sent to jail.
He wrote that he was innocent of the crimes he was charged
with.
After the township court sentenced Mr Karin, he immediately
appealed to the district court. His appeal was turned down.
August 1997: Mr Karin appealed to the central court after
sending several petition letters to authorities in Burma and
Thailand.
January 27, 1998:
The Burmese Ministry of Foreign Affairs informed the Royal
Thai Embassy in Rangoon that Mr Karin had a financial dispute
with one local company and the authorities concerned had to
detain him for taking legal action which has ended.
Mr Karin was released on January 23, 1998 and the charges
dropped by the central court.
January 30, 1998:
After settling other remaining business in Rangoon for seven
days, he flew home to his family in Bangkok.
After a few months of rest, he intends to return to Rangoon and
resume his businesses, including his fishery venture.
© The Post Publishing Public Co., Ltd. All rights reserved 1998
Contact the Bangkok Post
Web Comments: Webmaster
Last Modified: Sun, Feb 22, 1998