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PM Yingluck warned by NACC she may lose an important opportunity


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PM warned by NACC she may lose an important opportunity

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BANGKOK: -- Caretaker Prime Minister Yingluck Shinawatra will lose the right to copy documents about the enquiry into her role regarding the rice scandal if she fails to show up this Thursday to acknowledge the malfeasance in office charge to be lodged against her by the National Anti-Corruption Commission.

Mr Vicha Mahakhun, NACC spokesman and head of the team investigating Ms Yingluck’s role in the fake rice deal with China, said today (Tuesday) that the right to copy the documents was exclusive to the accused, in this case the prime minister, and that she could not assign anybody or a lawyer to do on her behalf although she could assign someone to acknowledge the charge.

He admitted that he had not been notified by Ms Yingluck whether she would show up or not or whether she would ask for a postponement in which case the NACC would consider whether the postponement request was reasonable or not.

But if the prime minister does not want to acknowledge the charge, the NACC will notify her about the charge by mail, said Mr Vicha.

He explained that even if the prime minister was formally charged only the Senate could vote her out of the office.

The NACC spokesman disclosed that he was approached by former Pheu Thai MPs asking whether the commission could be lenient with her. He said he told the ex-MPs that the NACC would not be an independent organization if it did not do its job properly after having been intimidated.

Mr Vicha jokingly said that he could not reply the prime minister’s Facebook message in the social media because they were not Facebook friends yet.

He also dismissed the Pheu Thai party’s accusation that the NACC had deliberately dragged its feet on the probe against former prime minister Abhisit Vejjajiva over the rice price guarantee scheme which has been going on for about four years whereas it took the commission only 21 days on complete the probe against the prime minister on the rice pledging scheme.

He defended that the probe on the rice pledging scheme began in December 2012 and took more than a year to complete and not 21 days as suggested by the ruling party.

Source: http://englishnews.thaipbs.or.th/pm-warned-nacc-may-lose-important-opportunity/

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-- Thai PBS 2014-02-26

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Can they actually strip a defendants right to a copy of evidence and exhibits that are going to used against a person. Don't people hire lawyers to collect and examine these documents on their behalf?

In the Thai justice system there is not a defence discovery process prior to trial. Perhaps NACC initiated proceeding are 'different'

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<He explained that even if the prime minister was formally charged only the Senate could vote her out of the office.>

This means that she will keep her job. I want to see how difficult for her to maintain the position. Everything is getting more interesting.

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Can they actually strip a defendants right to a copy of evidence and exhibits that are going to used against a person. Don't people hire lawyers to collect and examine these documents on their behalf?

It is like something out of the dark ages.

Indeed. But it wouldn't surprise me if this was a wonderfully subtle and Thai way of telling Yingluck that if she does turn up, they're not going to 'throw the book' at her. Why otherwise make it clear that any question of indictment would have to be handled by the Senate?

After all, everyone recognises that although she is legally responsible, as a puppet PM it would hardly be fair to insist that she is actually responsible for her brother's hare-brained rice scam.

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Can they actually strip a defendants right to a copy of evidence and exhibits that are going to used against a person. Don't people hire lawyers to collect and examine these documents on their behalf?

Not even under Thailand rules can he do that. But we're past any sense of plausible deniability at this point. They're prosecuting her for failing to stop corruption, and the corruption she failed to stop is just an allegation, and the allegation is political and non substantive, and not backed up by the rice production number.

So we're like 3 orders away from rule of law here already.

Gee, no politics there NACC.

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"He explained that even if the prime minister was formally charged only the Senate could vote her out of the office"

Really?

Who is thinking of removal from office?...Obviously this NACC guy is.....Is he talking about his buddies in the Senate?

Little does he realize with utterances like that, he is merely affirming the Electoral majority opinions of his judiciary summarized as follows:

The judiciary, blinded by its political bias, is destroying the foundations of democratic politics in a kind of judicial suicide. No one can possibly take the judiciary seriously. The judiciary, long the handmaiden of military leaders and their authoritarian politics, has failed to make the transition to democratic politics.

Part of that failure has to do with the Elitist's successful co-opting of senior judges.

That perspective is eminently clear in above quote, and is self-evidently applicable to other judicial bodies. The only place where this politicized part of the Elite is seen as normal is internationally. They are not close enough to the scene to see it any other way. It is therefore the preferred method whereby Thai Elitists like to conduct their coup's, instead of the military.

The coup-monger street activism is simply a softening up of opposition to this Judicial coup and setting the stage for it. This was the plan all along. A plan well known to the Electoral majority for which they have been preparing..

.If the Elites think they can pull this stuff off again, the consequences will surprise them. Their arrogance blinds them to such eventualities.

Good morning Ferwert.

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He also dismissed the Pheu Thai partys accusation that the NACC had deliberately dragged its feet on the probe against former prime minister Abhisit Vejjajiva over the rice price guarantee scheme which has been going on for about four years whereas it took the commission only 21 days on complete the probe against the prime minister on the rice pledging scheme.

He defended that the probe on the rice pledging scheme began in December 2012 and took more than a year to complete and not 21 days as suggested by the ruling party.

Yet Yingluck's case has progressed more in 14 months than Abhisit's case in 4 years?

But they're not dragging their feet ...no way.

The two cases are drastically different. Yingluck's is orders of magnitude more serious.

That is correct. It is bleeding billions of baht a month. Rice is coming in from across borders. The budget was 500 billion baht yet they still owe 130 billion. I am surprised they took as long as they did actually. I would be suing the court for neglect of duty. Every single day they waste not processing this is costing tax payers millions of baht.

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Let's see. Suthep has refused to appear to acknowledge his murder indictment since last December -- he's too busy? What are the consequences for him? Absolutely nothing I would say. Whether a court or an administrative agency, as is the NACC, how are the proceedings prejudiced by having a lawyer acknowledge the charges on behalf of the accused when appearing in person could be a security issue? To threaten the accused with due process rights under the circumstances is beyond any type of logical reasoning.

Yingluck is too busy running away from Suthep thugs.

I know it is not an excuse that the court can accept. ;)

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"He explained that even if the prime minister was formally charged only the Senate could vote her out of the office"

Really?

Who is thinking of removal from office?...Obviously this NACC guy is.....Is he talking about his buddies in the Senate?

Little does he realize with utterances like that, he is merely affirming the Electoral majority opinions of his judiciary summarized as follows:

The judiciary, blinded by its political bias, is destroying the foundations of democratic politics in a kind of judicial suicide. No one can possibly take the judiciary seriously. The judiciary, long the handmaiden of military leaders and their authoritarian politics, has failed to make the transition to democratic politics.

Part of that failure has to do with the Elitist's successful co-opting of senior judges.

That perspective is eminently clear in above quote, and is self-evidently applicable to other judicial bodies. The only place where this politicized part of the Elite is seen as normal is internationally. They are not close enough to the scene to see it any other way. It is therefore the preferred method whereby Thai Elitists like to conduct their coup's, instead of the military.

The coup-monger street activism is simply a softening up of opposition to this Judicial coup and setting the stage for it. This was the plan all along. A plan well known to the Electoral majority for which they have been preparing..

.If the Elites think they can pull this stuff off again, the consequences will surprise them. Their arrogance blinds them to such eventualities.

Yep we're waiting for many freaking years, and what has happened??? Nothing....

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Let's see. Suthep has refused to appear to acknowledge his murder indictment since last December -- he's too busy? What are the consequences for him? Absolutely nothing I would say. Whether a court or an administrative agency, as is the NACC, how are the proceedings prejudiced by having a lawyer acknowledge the charges on behalf of the accused when appearing in person could be a security issue? To threaten the accused with due process rights under the circumstances is beyond any type of logical reasoning.

Brilliant post pookiki.

The NACC should read this post and think about it.

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