Thai official who signed water-scheme loans could face lawsuit, NACC warns

[webfact]

Official who signed water-scheme loans could face lawsuit, NACC warns
Anupan Chatana
The Nation



BANGKOK: -- An official who endorsed loan contracts related to the Bt350-billion water-management scheme could face a lawsuit for causing incurred interest, as the scheme may take some time to get off the ground, National Anti-Corruption Commission chairman Methee Krongkaew said yesterday.

His remark follows Finance Ministry deputy permanent secretary Pongpanu Sawetrun's comment that he had endorsed Bt324-billion in loan contracts with four banks as part of the huge water-management project.

But Methee noted that once the loan contracts were signed, interest would be incurred.

"If this is the case, the person who endorsed the loan contract could be sued for causing damage. We will have to look into the terms of the loan. If the terms said interest is not yet levied, then there should not be any problem,'' he said.

Methee said while government can appeal a ruling by the Central Administrative Court that it must conduct environmental impact assessments (EIAs) and health impact assessments (HIAs), if the Supreme Administrative Court rules in support of the lower court the government must halt the project. So, the problem would compound.

He suggested the government conduct EIA and HIA reports, which take not more than three months to complete, by hiring National Institute of Development Administration lecturers - because the institute is a seen as a neutral body and the cost of hiring NIDA would be 20-per-cent less than hiring a private firm. The latter may also be seen as keen to collude with the state to provide positive reports.

The Stop Global Warming Association (SGWA), which brought the case to the court, will lodge a petition with the National Anti-Corruption Commission today to take action against Pongpanu and Deputy Prime Minister Kittiratt Na-Ranong over the Bt350-billion water-management scheme.

SGWA president Srisuwan Janya said both officials may have violated Article 157 of the Criminal Code and committed malfeasance because Pongpanu had cited that he was authorised by Kittiratt to endorse loans with four banks worth Bt324 billion after the Central Administrative Court ordered the government to conduct EIA and HIA studies of the water-management scheme before signing contracts with bid winners.

He said he would ask the NACC to investigate if both also violated Articles 57, 67, 250 and 275 of the Constitution.

Last week, the association filed a petition with the NACC against Yingluck and PM's Office Ministry permanent secretary Tongthong Chandrangsu, saying they had violated the Constitution in their implementation of the water mega-project.


-- The Nation 2013-07-01

[NongKhaiKid]

Is he a civil servant rather than a politician ? It's a rhetorical question but why were people jumping the gun and signing contracts that perhaps they had no real authority to do ?

[rametindallas]

If you can't get the votes in the Parliament to stop them, then, because the PT government is not careful, you can stop them in the courts. Having an 'unstoppable' majority in Parliament has gone to the government's heads and made them overconfident and sloppy. Governing is done 'by the rules' and this government hasn't destroyed the checks and balance system enough to shortcut the rules, yet. Because most of the cabinet was chosen for its loyalty to Dr. Thaksin, and therefore unqualified, and most of the civil service is still loyal to the pre-Thaksin era, the bureaucrats are not cooperating with the government by warning them when they don't follow the letter of the law. They just follow orders and don't help the revolving door ministers avoid mistakes and the ministers are vain enough not to ask for guidance. This is a severely dysfunctional government even without the endemic corruption.

[MaxLee]

Is he a civil servant rather than a politician ? It's a rhetorical question but why were people jumping the gun and signing contracts that perhaps they had no real authority to do ?

Because it is Thailand. There is no law in Thailand. Rich and high status people can do whatever they want, even murder and don't get punished for it.

And Lawsuit? Come on,... Government officials can get bailed and bought out of it by anybody in their feudal relationships circles.

So now it's extreme loan borrowing, and the public and taxpayers are the ones who will have to pay trillions Kachillians back, plus interest.... Wanna bet?

Edited July 1, 2013 by MaxLee

[Thait Spot]

Is he a civil servant rather than a politician ?   It's a rhetorical question but why were people jumping the gun and signing contracts that perhaps they had no real authority to do ?

They took the 350B just after the floods under emergency legislation as I recall and did nothing with it. Big interest bill

[winstonc]

wht the hell are the democrats so silent,,,,,they should be screaming from the rooftops,,,probaly complicit in corruption aswell,,,,like most of this society unfortunatly......no i dont have stats to hand,,,,

[Bellweather]

Does " could face..." translate as " nothing will happen " ?

[A Member]

Is he a civil servant rather than a politician ? It's a rhetorical question but why were people jumping the gun and signing contracts that perhaps they had no real authority to do ?

They took the 350B just after the floods under emergency legislation as I recall and did nothing with it. Big interest bill

Is he a civil servant rather than a politician ? It's a rhetorical question but why were people jumping the gun and signing contracts that perhaps they had no real authority to do ?

They took the 350B just after the floods under emergency legislation as I recall and did nothing with it. Big interest bill

Did nothing with it is a moot point ! Nothing perhaps that benefits the country.

[rametindallas]

wht the hell are the democrats so silent,,,,,they should be screaming from the rooftops,,,probaly complicit in corruption aswell,,,,like most of this society unfortunatly......no i dont have stats to hand,,,,

My guess is they think the government doesn't need any help to self destruct so they will just stand by all innocent like.

[Tatsujin]

LMAO

The house of cards is tumbling slowly.

[bigbamboo]

So the poor underling who is given the job of signing the contract gets the blame?

He forgot the golden rule. Don't sign for anything in Thailand!

[scorecard]

Is he a civil servant rather than a politician ? It's a rhetorical question but why were people jumping the gun and signing contracts that perhaps they had no real authority to do ?

I know one very senior ministry official who a few months back resigned on the spot (from the finance ministry), because he became more and more concerned that he might well be sued and be found guilty if / when the xxxx hit the fan.

It all came to a head when he refused to sign a specific set of documents put in front of him (very large Baht numbers), he resigned on the spot and walked out immediately.

[Confuscious]

I know someone in Saudi Arabia who is laughing his a..e of now and having a good time with the comeback of the money they stole from him.

[waza]

Is he a civil servant rather than a politician ? It's a rhetorical question but why were people jumping the gun and signing contracts that perhaps they had no real authority to do ?

They took the 350B just after the floods under emergency legislation as I recall and did nothing with it. Big interest bill

They actually approved the funding by emergency decree so it wouldn't go through the parliamentary process, there by cutting out any ascension from the opposition. The fact that its 2 years later decries the need for an emergency decree and the haste they now show for signing those loans in breach of the law, indicates how desperate for funding this government is.

Thaksinomics, red democracy ruining this country.

Edited July 1, 2013 by waza

[Pib]

If you can't get the votes in the Parliament to stop them, then, because the PT government is not careful, you can stop them in the courts. Having an 'unstoppable' majority in Parliament has gone to the government's heads and made them overconfident and sloppy.

Maybe the PTP train of thought is "quantity" of laws passed over "quality" (will stand up in court). That is, if they pass 20 new laws and if only 10 of them don't get stopped dead in the water in the courts, well, they still got 10 laws implemented....that a 50% winning factor....replenishes the trough.

[Bellweather]

Is he a civil servant rather than a politician ? It's a rhetorical question but why were people jumping the gun and signing contracts that perhaps they had no real authority to do ?

I know one very senior ministry official who a few months back resigned on the spot (from the finance ministry), because he became more and more concerned that he might well be sued and be found guilty if / when the xxxx hit the fan.

It all came to a head when he refused to sign a specific set of documents put in front of him (very large Baht numbers), he resigned on the spot and walked out immediately.

Quite a story and great insight into the workings of government. The politicians try to get things done without leaving their own fingerprints and having an instant fall guy.

[rubl]

The MoF must have thought that before the special decree for THB 350 billion expires and with 304 billion needed we'd better sign loans for 324 billion now and if necessary tell some little white lies later. Transparently of course

Edited July 1, 2013 by rubl

[belg]

i guess he will get 30% of the money pledged in some way or another, a nice fat 100 billion

let the ordering of expensive cars begin

[Robby nz]

The MoF must have thought that before the special decree for THB 350 billion expires and with 304 billion needed we'd better sign loans for 324 billion now and if necessary tell some little white lies later. Transparently of course

I was of the understanding, as it seems so were you Rubi, that the emergency decree expired at the end of June.

If this is indeed the case then they had to obtain the money before the decree expired.

I wonder which banks lent then the money and on what terms?

It was said earlier that they had borrowed 120 billion from the GSB and another 80 billion from KTB, both of which are Govt banks.

in fact borrowing from the Thai people.

So which are the other 2 banks that have lent the other 124 billion?

[rubl]

The MoF must have thought that before the special decree for THB 350 billion expires and with 304 billion needed we'd better sign loans for 324 billion now and if necessary tell some little white lies later. Transparently of course

I was of the understanding, as it seems so were you Rubi, that the emergency decree expired at the end of June.

If this is indeed the case then they had to obtain the money before the decree expired.

I wonder which banks lent then the money and on what terms?

It was said earlier that they had borrowed 120 billion from the GSB and another 80 billion from KTB, both of which are Govt banks.

in fact borrowing from the Thai people.

So which are the other 2 banks that have lent the other 124 billion?

More interesting is that the combination of projects was stated as 304 billion with price negotiations indicating possible lower financial requirements. Why have loans for 324 billion been signed, 20 billion more than we were told would be required.

BTW with the OP posted 06:34 I assume the loan contracts were signed in the nick of time, yesterday

[Robby nz]

Farther to that Rubi .

As it was said that the borrowing was done by bidding and the banks that we know leant the bulk of the money are Thai banks does this mean that no overseas entities either took part in the bidding or were willing to lend at reasonable rates?