Court upholds Sakchai acquittal

The Appeal Court yesterday upheld a lower court decision to acquit Lips magazine founder and noted flower arranger Sakchai Guy of falsifying a cash withdrawal slip to withdraw more than 158 million baht and depositing the money into his own bank account.

Noppamas na Pombejra, acting on behalf of her father Pol Maj Gen Phetch Na Pombejra, filed the suit with the Criminal Court, accusing Mr Sakchai of falsifying a Krungthai Bank cash withdrawal slip in August 2000 to take out the money in the form of a cashier’s cheque and later putting it in his own account.

On March 21 last year, the Criminal Court ruled that as the plaintiff was unable to provide documentary proof that the withdrawal slip had been forged, the case would be dismissed. From witness testimony, Pol Maj Gen Phetch and Mr Sakchai had close ties and Pol Maj Gen Phetch authorised Mr Sakchai to handle the management of his family’s affairs including money matters for more than 10 years between 1998-2010, according to the Criminal Court.

The plaintiff appealed, arguing Pol Maj Gen Phetch had been unconscious and so unable to sign any documents because he suffered from a brain hemorrhage. The Appeal Court yesterday cited Pol Maj Gen Phetch’s medical records that showed the cash withdrawal slip was signed and the cashier’s cheque were cashed before Pol Maj Gen Phetch fell ill.

The court said staff from Krungthai Bank who were called to testify verified that Pol Maj Gen Phetch’s signature on the withdrawal slip matched that on his passbook.

The bank staff also said they had provided the plaintiff with monthly updates on Pol Maj Gen Phetch’s bank account movements, and there had been no complaints about any suspicious movements, according to the Appeal Court. The court added the defendant also took a photo of Pol Maj Gen Phetch signing the document as evidence. the court agreed the plaintiff was unable to provide proof the document was forged.

Meanwhile, the Criminal Court has set May 15 to consider whether to accept another case against Mr Sakchai which accuses him of giving false statements, presenting false evidence, and using forged documents in court. The case involves a will that entitled Mr Sakchai to assets worth about 300 million baht, but was later ruled void by the Supreme Court. The case was filed by Theerawat Na Pombejra.