Judge in Yingluck case ruled her ‘not guilty’

[webfact]

Judge in Yingluck case ruled her ‘not guilty’

By Kasamakorn Chanwanpen 
The Nation 

 

ex-PM Yingluck Shinawatra

 

Pison Pirun, a judge in the nine-member Supreme Court panel that ruled in the case over the rice-pledging scheme against ex-PM Yingluck Shinawatra case, was the only judge to rule her not guilty on the grounds that “she lacked the intention to cause loss or seek advantage she was not entitled to”.

His ruling was circulated yesterday, three weeks after the panel had read the majority verdict against Yingluck in absentia following her flight from the country.

 

In his verdict dated September 27, the judge explained that the Attorney-General had prosecuted Yingluck for negligence or misconduct. However, according to the law, the offence must be accompanied also by ill intention, or ill intention to cause loss to others.

 

The act of negligence alone did not count as an offence in the laws cited by the Attorney-General, Pison pointed out.

 

Although the prosecutor had proved the rice-pledging scheme was plagued with corruption, there was no evidence that Yingluck had benefited from it, Pison wrote.

 

In the fake government-to-government rice deals case, although Apichart Chansakulporn, better known as “Sia Piang”, had been ruled guilty, it had not been proved that Yingluck had facilitated the deals either, Pison wrote.

 

A photograph showing Sia Piang and Yingluck’s brother Thaksin Shinawatra in Hong Kong was not sufficient to prove that she was close to him and could have helped him gain advantage in the deals, Pison wrote.

 

Although the prosecutor and Yingluck had argued extensively about whether or not the rice-pledging scheme had caused losses or been beneficial to the economy, Pison said those arguments were irrelevant in the context of law.

 

He also rejected Yingluck’s arguments regarding judicial power as irrelevant.

 

Pison summed up his verdict by ruling the case against Yingluck should be dismissed.

 

Eight other judges, however, ruled Yingluck guilty and the panel handed down a five-year imprisonment term.

 

Yingluck fled the country two days before the Supreme Court’s Criminal Division for Political Office Holders was scheduled to read the verdict on August 25. She is reportedly seeking asylum in the United Kingdom.

 

Source: http://www.nationmultimedia.com/detail/politics/30329625

 

-- © Copyright The Nation 2017-10-19

[tracker1]

Off to re-education camp !

 

[bheard]

Off to re-education camp !
 

Yup. Definitely an attitude problem with that guy. Needs adjustment forthwith!

Sent from my BLL-L22 using Thailand Forum - Thaivisa mobile app

[ezzra]

33 minutes ago, webfact said:

she lacked the intention to cause loss

Maybe so, but being a PM you need a whole host of other qualities about you

other than intention, responsibility and accountability immediatly comes to minds

 followed by duty of care and need to exhibit fair disclosure of

actions just to keep one honest...

[FreddieRoyle]

Presumably a butchers-hook into Mr Purin's financial affairs would be taboo? 

[LannaGuy]

Brave, True and Just.

[Eric Loh]

So there's still benefit of doubt that she was guilty and no political expediency at work. What the junta wants, they get. 

[YetAnother]

1 hour ago, webfact said:

However, according to the law, the offence must be accompanied also by ill intention, or ill intention to cause loss to others.

then it is substantially flawed law;

by this logic, a person can be appointed or gifted into a job, do absolutely nothing and , by doing nothing, fail to prevent harm to people and possessions and seemingly it is ok by the law

[mtls2005]

1 hour ago, tracker1 said:

Off to re-education camp !

 

 

This judge will be charged with {fill in any number of spurious "Crimes" here} once someone in the Junta finds time after finishing off the remaining red-shirts.

 

 

 

 

[Ricardo]

Further proof that the justice-system is completely-rigged, and that the trial was unfair, because this judge took a dissenting-opinion & was free to do so  ...  thus demonstrating to other countries how wrong the whole thing was, erm  ...  give that man a lunch-pack or two !   

[Thailand]

Joining those accused of corruption soon?

[robblok]

7 minutes ago, Ricardo said:

Further proof that the justice-system is completely-rigged, and that the trial was unfair, because this judge took a dissenting-opinion & was free to do so  ...  thus demonstrating to other countries how wrong the whole thing was, erm  ...  give that man a lunch-pack or two !   

Yes real proof it was rigged and no other opinions allowed. Plus it shows how hard it is to really convict someone. Everyone knows here that the rice trader was close to Thaksin (as proven with pictures). Now its a small step to connect the dots. This judge however did not see it that way. Thankfully the other judges did. 

 

But at least this shows it was not a show process and that they really did follow the law and discussed it extensively. Just one of the 9 thought the proof was not sufficient, the others were more clear minded and accepted Thaksin his friendship with the rice trader as proof. Its good otherwise an other criminal shin action would have gone unpunished. 

[robblok]

4 minutes ago, Thailand said:

Joining those accused of corruption soon?

Who knows.. its not the first time the Shins tried to bribe judges.. everyone remembers the cake box incident.. i wonder how many think it was a honest mistake, quite a few red supporters would believe the sky is green if Thaksin said so. 

[zaphod reborn]

Quote

Pison Pirun, a judge in the nine-member Supreme Court panel that ruled in the case over the rice-pledging scheme against ex-PM Yingluck Shinawatra case, was the only judge to rule her not guilty on the grounds that “she lacked the intention to cause loss or seek advantage she was not entitled to”.

 

While the esteemed judge may be entitled to her opinion, she is dead wrong on the law.  Negligence means failing to conform one's conduct to the applicable standard of care ("reasonable man standard")  and no intent to cause loss or to seek advantage is required.

 

Quote

Criminal Code Section 59.  Intention or Negligence.  To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.

 

If Yingluck wanted to escape liability, she could have pushed through a constitutional amendment to immunize elected officials from negligence claims, as most democracies do.  In the alternative, she could have done her job, rather than occupy her time with shopping extravaganzas and encouraging PTP to illegally grant amnesty to her big brother.

[quandow]

I don't know the rules here - does this mean she's free to come back?

[AGareth2]

Bravo that Judge

ruled by the law

Thailand needs more honest men in authority

[mikebell]

5 minutes ago, quandow said:

I don't know the rules here - does this mean she's free to come back?

When Thailand has a white Xmas.

[colinneil]

Problem now is Pison has p+++sed off his peers, he will slowly but surely be pushed aside.

[steven100]

If Pison Pirun wanted to get attention and in the limelight he sure will now. What an idiot   !!  she's guilty as hell  ....  he wants to big note himself.

I hope he has some very good body guards to be with him for the rest of his life

[steven100]

12 minutes ago, AGareth2 said:

Bravo that Judge

ruled by the law

Thailand needs more honest men in authority

I don't think bravo is the correct word .....  more like idiot ...

[RichardColeman]

Probably Junta agreed his position to start with. To have had all judges say guilty may look bad to the public, this way they can say they were open about it and fair trial received since one voted for her so to speak

[halloween]

18 minutes ago, quandow said:

I don't know the rules here - does this mean she's free to come back?

Absolutely, with the offer of free room and board for several years.

[AGareth2]

17 minutes ago, steven100 said:

If Pison Pirun wanted to get attention and in the limelight he sure will now. What an idiot   !!  she's guilty as hell  ....  he wants to big note himself.

maybe you could apply for the upcoming vacancy at the Supreme Court?

you obviously think you are legally qualified

[Denim]

In other news , Pisun Pirun  has been promoted. His new post involves keeping the forecourt of the court spick and span with a brand new broom.

Edited October 19, 2017 by Denim

[Happyman58]

No she cant come back This judge might as well pack his wig away because be last court case he ever does Maybe re-education camp is what he needs. Also he wont put putting his hand out for a brown envelope.

[janclaes47]

43 minutes ago, robblok said:

Everyone knows here that the rice trader was close to Thaksin (as proven with pictures). Now its a small step to connect the dots. This judge however did not see it that way.

So because there are pictures of Apichart together with Thaksin, which in itself doesn't proof anything, it is for you a small step to rule the Yingluck was involved simply on the base that she is a sister of Thaksin.

 

I'm glad you are not a judge who can rule if I ever had to appear before a court.

[trd]

Let's face it. The court made a political judgement. Corruption is endemic here. I don't see how she could be held criminally responsible for the sins of others. There is no proof she personally benefitted. In my country the most that would happen is loss of job due to incompetence. But that's in a democracy with an independent judicial system.

[Happyman58]

27 minutes ago, colinneil said:

Problem now is Pison has p+++sed off his peers, he will slowly but surely be pushed aside.

I would say over the cliff Col. P.M.will send note Thanks but you can kiss your career goodbye

[Denim]

47 minutes ago, robblok said:

Who knows.. its not the first time the Shins tried to bribe judges.. everyone remembers the cake box incident.. i wonder how many think it was a honest mistake, quite a few red supporters would believe the sky is green if Thaksin said so. 

 

One cake box , eight cake boxes. What's the difference .

[scorecard]

52 minutes ago, zaphod reborn said:

 

While the esteemed judge may be entitled to her opinion, she is dead wrong on the law.  Negligence means failing to conform one's conduct to the applicable standard of care ("reasonable man standard")  and no intent to cause loss or to seek advantage is required.

 

 

If Yingluck wanted to escape liability, she could have pushed through a constitutional amendment to immunize elected officials from negligence claims, as most democracies do.  In the alternative, she could have done her job, rather than occupy her time with shopping extravaganzas and encouraging PTP to illegally grant amnesty to her big brother.

 

Indeed!