Yingluck guilty - Key points in the verdict

[webfact]

Yingluck guilty

By The Nation

 

 

Fugitive ex-PM convicted of malfeasance in G2G deals.

 

POLICE PLEDGED to step up the hunt for convicted former prime minister Yingluck Shinawatra after the Supreme Court yesterday ruled unanimously to sentence her in absentia to five years in prison.

 

Convicted of negligence in preventing corruption and irregularities in her government’s rice-pledging scheme, Yingluck had fled abroad, according to Prime Minister Prayut Chan-o-cha, who staged the 2014 coup that toppled her government. However, he did not offer any details.

 

“[She is] in a foreign country.” When asked if Yingluck was in a neighbouring country, he said he was unaware. “Don’t ask me.”

 

Prayut had promised before the verdict reading yesterday that more details about the fugitive’s whereabouts would be divulged.

 

 

In line with standard procedures, police were waiting for an arrest warrant to enforce the verdict and would coordinate with Interpol to hunt down the former premier, national police chief General Chakthip Chaijinda said.

 

Yingluck disappeared late last month just a day or two before the Supreme Court’s Criminal Division for Political Office Holders was due to read a verdict in the case on August 25.

 

Police were investigating who had helped her escape from Bangkok and her route of travel, Chakthip said, adding that they had already alerted 190 member countries belonging to Interpol. 

 

“There is no clear information about her, so far,” he said.

 

He added that Prayut had not given police details about her location despite having earlier said he knew where she was.

 

Three police officers have been moved to inactive posts for allegedly driving Yingluck to the Cambodia border two days before the reading of the verdict last month. 

 

 

However, the officers are not facing charges, lending weight to speculation that the former prime minister’s escape was part of a deal with the junta. 

 

The court yesterday found Yingluck guilty as she had acknowledged the illegality of the government-to-government rice deals and had failed to stop nominal rice deliveries to a non-existent Chinese state-owned enterprise. 

 

The phoney government-to-government rice sales were conducted by her former commerce minister Boonsong Teriyapirom, who was jailed for 42 years last month. 

 

The court ruled that the deal involved ill-gotten gains and the dishonesty in the discharge of official duties.

 

“Favouring Boonsong and other accomplices, Yingluck allowed them to buy rice at lower than the market price while also receiving a surplus of goods, resulting in damage to the state budget, which is an act of malfeasance,” the court said.

 

“The defendant [Yingluck] was found guilty of the offences under Section 157 of the Criminal Code and Section 123/1 of the Organic Act on Counter Corruption 1999 and was sentenced to five years’ imprisonment,” a statement from the court read. 

 

Both the defendant and prosecution had the constitutional right to appeal either on the grounds of legal procedures or evidence to the Supreme Court, according to the new 2017 Constitution. 

 

Yingluck’s lawyer Norrawit Larlaeng said after the verdict that he did not know if his client would appeal as he had not talked to her since her disappearance before the scheduled reading of the verdict on August 25.

 

However, there is lack of clarity on her right to appeal since the law regarding procedures for crimes committed by political office holders has not yet come into force. The new law stipulates that defendants have the right to appeal only if they appear in court in person. 

 

Norrawit declined to predict possible scenarios in the case, reiterating that he would need to review the court’s decision in detail before proceeding.

 

The caretaker secretary-general of Yingluck’s Pheu Thai Party, Phumtham Wechayachai, reacted to the verdict by expressing confidence that the scheme initiated by his party had been faithfully intended to help farmers. 

 

“We will remain steadfast and continue our mission to help ease people’s difficulties,” he said.

 

Source: http://www.nationmultimedia.com/detail/politics/30327865

 

-- © Copyright The Nation 2017-09-28

[ezzra]

Basically she got what she deserves, and frankly that it's only 5 years

compar to other who got many more years,

The rice deal was reeked of malfeasance, misconduct and impropriety

of extreme neglect of duty in favor of ulterior motives,

as shin's clan member will not be seen dead in prison garbs shackled

in ball and chains for the country to see the choice was made to leave

this land of milk, honey and som tam behind to bide the time elsewhere

until people will forget of a more favorable person will be at the helms...

[AGareth2]

27 minutes ago, webfact said:

He added that Prayut had not given police details about her location despite having earlier said he knew where she was.

 

27 minutes ago, webfact said:

However, the officers are not facing charges, lending weight to speculation that the former prime minister’s escape was part of a deal with the junta

what a load of twodle

[tracker1]

Just maybe in their hunt for her arrest they may stumble upon a few other criminals in another country !

[Morakot]

5 hours ago, webfact said:

Convicted of negligence in preventing corruption and irregularities

 

Good! Now the courts can continue with half of the members of the current unelected cabinet, then a third of the county's lower-level bureaucrats.

[dbrenn]

Well now - there's a surprise.

[robblok]

I wonder how this affects the money they confiscated from YL, as she is not guilty for the operational losses. She is only guilty of not stopping the corruption she knew about. That corruption was valued at 30 billion but others are paying too.. so I think YL should get some of her money back.

[Jack Mountain]

Think twice before you give up a well paid job to lead a bunch of %##@!!@#.

[Eric Loh]

1 hour ago, robblok said:

I wonder how this affects the money they confiscated from YL, as she is not guilty for the operational losses. She is only guilty of not stopping the corruption she knew about. That corruption was valued at 30 billion but others are paying too.. so I think YL should get some of her money back.

It will need the court to decide on her restitution to get back some of her money base on the law on restitution. However in this case whereby 44 was used to seize and that is the ultimate law that has no repel, doubt any of her lawyer will petition the court. My opinion. 

[Skeptic7]

If the hunt is stepped up like it was for her A-hole fuguitive brother...she's a free woman forever without anything to worry about. 

[MyFriend You]

35 minutes ago, Skeptic7 said:

If the hunt is stepped up like it was for her A-hole fuguitive brother...she's a free woman forever without anything to worry about. 

It's been hinted they will not look for her nor seek extradition in one of the National English newspapers.     They don't want her coming back, just like her brother.

[biggles45]

"Convicted of negligence in preventing corruption and irregularities in her government’s rice-pledging scheme,"

 

I find this confusing. Isn't every Thai government in the last 30 years or so guilty of this. so many corrupt schemes, the aircraft carrier purchase, the fire engines, the big baloon etc etc. What is different in this case? 

[yellowboat]

26 minutes ago, biggles45 said:

"Convicted of negligence in preventing corruption and irregularities in her government’s rice-pledging scheme,"

 

I find this confusing. Isn't every Thai government in the last 30 years or so guilty of this. so many corrupt schemes, the aircraft carrier purchase, the fire engines, the big baloon etc etc. What is different in this case? 

 

Those things could perhaps have been chalked up to ineptitude, rather than, knowingly allowing illegal activity.  It says she knew about the illegal G-to-G activity, but did not stop it.  Would she have been deposed and tried if she did not try to pardon her brother ?  Perhaps not.  But you are correct, they all get involved in some sort of idiotic project that defy logic or good economics. 

[Skeptic7]

1 hour ago, TunnelRat69 said:

It's been hinted they will not look for her nor seek extradition in one of the National English newspapers.     They don't want her coming back, just like her brother.

Precisely...My point exactly. Pure BS saying the hunt is on and being stepped up, when in reality both were permitted to leave and never hunted...nor will they ever be. 

[yellowboat]

Just now, Skeptic7 said:

Precisely...My point exactly. Pure BS saying the hunt is on and being stepped up, when in reality both were permitted to leave and never hunted...nor will they ever be. 

The government will revoke her passport but little else.  The policemen accused of driving her to Cambodia will most likely be forgotten along with any further investigations.   Looking the other way so Yingluck could scram, is the only smart thing they have done to date.