ID :
144936
Tue, 10/05/2010 - 20:08
Auther :
Shortlink :
http://m.oananews.org//node/144936
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Court dismisses extra charges against alleged Russian arms dealer
BANGKOK, Oct 5 -- Thailand's Criminal Court on Tuesday dropped money laundering and fraud charges against alleged Russian arms dealer Viktor Bout on grounds of insufficient evidence, possibly delaying his extradition to the United States
The court said it had dropped the charges due to lack of evidence and the defendant must be released within 72 hours unless the prosecutors wanted to appeal-- which could be done within 30 days.
However, the court said the case must be based on the first ruling to extradite Mr Bout, a Russian businessman described as elusive by some and dubbed "The Merchant of Death" by others, to the US.
Prosecutors said they would not appeal and let the legal procedures run their course under the court's ruling on the first case related to arms trading which was final.
However, Lak Nitiwatanawijarn, Mr Bout's defence lawyer, said his client would legally challenge the ruling.
The process to extradite Mr Bout was stalled because, after the lower court rejected the request, Washington filed a second set of charges to ensure he would not set free. The US has since tried to drop those charges, but the Bangkok Criminal Court said Monday the legal proceedings must proceed.
The Criminal Court on Monday dropped a prosecutor's request to withdraw the second charges on money laundering and wire fraud against Mr Bout.
The judges explained that since Thai extradition law did not stipulate about dropping legal procedures, therefore the court had to apply the Criminal Procedure Code, Article 35. Under the law, a defendant has the right to object to the charges against him being dropped, which Mr Bout decided to do to thwart any attempt to extradite him to the US.
The Court of Appeals ruled on August 20 to extradite Mr Bout, arrested and detained in Bangkok since March 2008, to the US to face charges of conspiracy to kill Americans, conspiracy to kill officials and employees of the United States government, conspiracy to acquire and use anti-aircraft missiles and conspiracy to provide material support or resources to a foreign terrorist organisation.
The ruling of the Thai Court of Appeals to extradite Mr Bout overturned a lower court ruling in August 2009 that rejected a US request that Mr Bout face trial there.
The extradition of the Merchant of Death however can't proceed on legal technicalities as Mr Bout faces a second case concerning money laundering and wire fraud charges which was accepted by Thailand’s Court of First Instance – at the earlier request of the US government.
The US government later requested the Thai foreign ministry that the charges be withdrawn in order to proceed with extradition. The Office of Attorney-General later agreed to seek court approval to withdraw the second charges as proposed by the US government.
Mr Bout faces a maximum sentence of life in prison if convicted in the United States.
The final decision on whether to send him to the US was up to Thai Prime Minister Abhisit Vejjajiva who said earlier that his government was awaiting a court decision on Mr Bout’s second case before making any final decision on his extradition to the US which asked Thailand to facilitate the transfer.
A 43-year-old former Soviet air force officer, Mr Bout has denied any involvement in illicit activities including arms trafficking to conflict zones in Africa, South America and the Middle East. He claims he ran a legitimate business.
He also complained that he will never receive fair trial in the US.
The Bout case has put Thailand in a hot seat amid diplomatic tussles between the US and Russia as both countries are demanding that Bout be handed over.
The legal battle is expected to be prolonged as the defendant could appeal within 30 days which could effect the extradition as the Appeals Court, in the ruling on the first case on August 20, said the extradition must take place within 90 days, otherwise be released. (MCOT online news)
The court said it had dropped the charges due to lack of evidence and the defendant must be released within 72 hours unless the prosecutors wanted to appeal-- which could be done within 30 days.
However, the court said the case must be based on the first ruling to extradite Mr Bout, a Russian businessman described as elusive by some and dubbed "The Merchant of Death" by others, to the US.
Prosecutors said they would not appeal and let the legal procedures run their course under the court's ruling on the first case related to arms trading which was final.
However, Lak Nitiwatanawijarn, Mr Bout's defence lawyer, said his client would legally challenge the ruling.
The process to extradite Mr Bout was stalled because, after the lower court rejected the request, Washington filed a second set of charges to ensure he would not set free. The US has since tried to drop those charges, but the Bangkok Criminal Court said Monday the legal proceedings must proceed.
The Criminal Court on Monday dropped a prosecutor's request to withdraw the second charges on money laundering and wire fraud against Mr Bout.
The judges explained that since Thai extradition law did not stipulate about dropping legal procedures, therefore the court had to apply the Criminal Procedure Code, Article 35. Under the law, a defendant has the right to object to the charges against him being dropped, which Mr Bout decided to do to thwart any attempt to extradite him to the US.
The Court of Appeals ruled on August 20 to extradite Mr Bout, arrested and detained in Bangkok since March 2008, to the US to face charges of conspiracy to kill Americans, conspiracy to kill officials and employees of the United States government, conspiracy to acquire and use anti-aircraft missiles and conspiracy to provide material support or resources to a foreign terrorist organisation.
The ruling of the Thai Court of Appeals to extradite Mr Bout overturned a lower court ruling in August 2009 that rejected a US request that Mr Bout face trial there.
The extradition of the Merchant of Death however can't proceed on legal technicalities as Mr Bout faces a second case concerning money laundering and wire fraud charges which was accepted by Thailand’s Court of First Instance – at the earlier request of the US government.
The US government later requested the Thai foreign ministry that the charges be withdrawn in order to proceed with extradition. The Office of Attorney-General later agreed to seek court approval to withdraw the second charges as proposed by the US government.
Mr Bout faces a maximum sentence of life in prison if convicted in the United States.
The final decision on whether to send him to the US was up to Thai Prime Minister Abhisit Vejjajiva who said earlier that his government was awaiting a court decision on Mr Bout’s second case before making any final decision on his extradition to the US which asked Thailand to facilitate the transfer.
A 43-year-old former Soviet air force officer, Mr Bout has denied any involvement in illicit activities including arms trafficking to conflict zones in Africa, South America and the Middle East. He claims he ran a legitimate business.
He also complained that he will never receive fair trial in the US.
The Bout case has put Thailand in a hot seat amid diplomatic tussles between the US and Russia as both countries are demanding that Bout be handed over.
The legal battle is expected to be prolonged as the defendant could appeal within 30 days which could effect the extradition as the Appeals Court, in the ruling on the first case on August 20, said the extradition must take place within 90 days, otherwise be released. (MCOT online news)
