Dubai presses Thailand for extradition of Briton charged with embezzlement

Larry Jagan, Foreign Correspondent

• Last Updated: November 17. 2009 9:09PM UAE / November 17. 2009 5:09PM GMT

BANGKOK // A 43-year old Briton will remain in a Thai jail for at least another four months as he continues to fight extradition to Dubai, where he faces embezzlement charges.

Three judges in Bangkok’s criminal court heard the prosecution witnesses in the case before adjourning until late January to give counsel for Michael Bryan Smith time to prepare their defence.

“It’s been a good day out,” a smiling Mr Smith told The National as he hobbled away, his legs shackled, bound for the prison on the outskirts of the Thai capital where he has spent the six months since he was taken into custody.

The key prosecution witness from the Ministry of Foreign Affairs outlined the legal basis and reciprocal procedures that were being followed in this case, in the absence of an extradition treaty between the UAE and Thailand. Mr Smith’s lawyers cross-examined her closely, even pointing out that the official paperwork from the UAE was not fully notarised as it should be.

“It’s ridiculous, it’s a complete farce,” Mr Smith said. “Under extradition treaties, and reciprocal arrangements, the prosecution must provide sufficient facts for the case … against the accused before extradition can be completed. In my case there are only accusations filed with the Dubai police that have been forwarded to Thailand.”

The Dubai authorities are seeking Mr Smith’s extradition from Thailand to the UAE to face charges of forgery, betrayal of trust and illegal possession of public funds.

He is alleged to have stolen US$600,000 (Dh2.2 million) from the Dubai-based property company Limitless, where he worked until early last year, according to the papers submitted to the court. Limitless is a business unit of Dubai World owned by the Dubai Government.

Mr Smith is accused of transferring workers’ salaries into an account in his own company between March and May 2008 while working as a personnel manager.

He denies that he has his own company, in Dubai or Thailand, and also denies siphoning off the funds from his employer. He began working in Dubai in 2007, and left Limitless around June. He has been based in Thailand since then.

Mr Smith has twice been denied bail because he was considered a flight risk. The prosecutor told the court that Mr Smith had “run away from Dubai”. He is particularly incensed by this. “I left Dubai with my employers’ consent and on a flight paid for by the company,” he said.

His lawyer, Prachaya Vijitpokin, said no extradition cases had managed to get bail.

Mr Smith has written to Thailand’s prime minister, Abhisit Vejjajiva, to complain about the lack of transparency in the Thai judicial system. He said he was not complaining about prison conditions, although he conceded he had lost several kilos since he was detained in May.

Mr Smith said it was particularly bizarre to be in court immediately after the Thai government’s failed efforts to have the former prime minister, Thaksin Shinawatra, extradited from Cambodia last week.

“Thaksin is living in Dubai and the Thai authorities are only half-heartedly trying to get him extradited,” Mr Smith said, referring to an article from the English-language newspaper The Bangkok Post, in which it was reported that Mr Thaksin had sent many of his supporters in Thailand messages two weeks ago saying he was well and living in Dubai.

“Justice in Thailand depends on whether you are rich or poor,” Mr Smith said.

foreign.desk@thenational.ae