Committee put together to close loopholes in Yingluck case

[webfact]

Committee put together to close loopholes in Yingluck case
The Nation

BANGKOK: -- Sansern Poljiak, secretary-general of the National Anti-Corruption Commission (NACC), will lead a 10-member team to work with public prosecutors on the anti-graft agency's case against former PM Yingluck Shinawatra over the rice pledging scheme, which supposedly lacked evidence.

The Office of the Attorney General (OAG) said last week that the case needed further investigation by a joint panel due to gaps in evidence. The NACC had requested the OAG to indict Yingluck for dereliction of duty for her alleged failure to stem corruption and state losses in the rice scheme.

The NACC yesterday appointed Sansern to head the team. Sansern said the joint panel would meet to find and remove any inconsistencies in the NACC investigation file.

"Once we have supplied more evidence, we will ask the OAG to file an indictment against Yingluck. If the prosecutors still refuse to indict her, the NACC has the power to bring the case to the court or appoint lawyers to fight the case on their behalf," he said.

The NACC team includes the agency's deputy secretary-general, assistant to the secretary-general, legal officials, officials from the Litigation Office, officials who write the judicial writs and lawsuit experts. But no NACC members, such as Vicha Mahakun who is in charge of this case, were appointed to work on the joint panel.

The Deputy Attorney-General will head the OAG team on the joint panel.

Sansern said the first meeting would be scheduled after NACC chairman Panthep Klanarongran officially endorses the NACC representatives.

Source: http://www.nationmultimedia.com/politics/Committee-put-together-to-close-loopholes-in-Yingl-30242928.html


-- The Nation 2014-09-10

[ezzra]

Yep, close the barn door AFTER the horses has bolted... TIT...

[fab4]

Loopholes, like evidence, presumably

The weakest point in the case is why the NACC cited corruption in the scheme using just the cover page of Thailand Development Research Institute (TDRI)'s report as evidence.

[Just1Voice]

Even the authors of the TDRI report stated their report should not be used, as it is merely a research paper and not a legal document. But that doesn't seem to matter to the NACC.

[chainarong]

It would appear that the NACC wants to pin the tail on the donkey whatever the case , this is not a look good look and neither is it looking fair , you have one party withholding information in the investigation and telling tales to the press that information that they have not submitted to the OAG would make your hair stand on end , trying to fathom this all out and whether information been interfered with can raise the possibility of suspicions of impropriety on this investigation.

[smutcakes]

It would appear that the NACC wants to pin the tail on the donkey whatever the case , this is not a look good look and neither is it looking fair , you have one party withholding information in the investigation and telling tales to the press that information that they have not submitted to the OAG would make your hair stand on end , trying to fathom this all out and whether information been interfered with can raise the possibility of suspicions of impropriety on this investigation.

Maybe all of them should learn to keep their damn mouths shut and carry out the relevant investigation without blabbing to all and sundry given any opportunity.

[Krataiboy]

They weren't expecting her to come back. Now she has, they've actually got to make a case.

[totallyobnoxiousme]

Seemingly, 500 Billion loss could be turned into a 500 Baht fine !!!

[DrLom]

ping pong

[worgeordie]

I am sure one loophole will be conveniently left open,so she can

wriggle free,just in case the big boss should ever return to power,

no one wants repercussions,how ever remote they may be.

regards Worgeordie

[Thanet]

Loopholes, like evidence, presumably

The weakest point in the case is why the NACC cited corruption in the scheme using just the cover page of Thailand Development Research Institute (TDRI)'s report as evidence.

Um, so if she's not corrupt after all, then they'll have to say sorry and give her her job back??

[Thai at Heart]

Loopholes, like evidence, presumably

The weakest point in the case is why the NACC cited corruption in the scheme using just the cover page of Thailand Development Research Institute (TDRI)'s report as evidence.

Ouch

[Baerboxer]

Loopholes, like evidence, presumably

The weakest point in the case is why the NACC cited corruption in the scheme using just the cover page of Thailand Development Research Institute (TDRI)'s report as evidence.

Evidence was never a worry to PTP and their lackeys when in power.

OAG running scared, nothing new there, NACC keeping things to themselves so they can play surprise surprise in court, Yinngy saying let justice run its course and let me have my 500 witnesses, and the NCPO rightly keeping out of it. What a buggers muddle. which like all buggers muddles will go no where.

Did she lie - yes. Was she caught lying -yes. Did she bother to do her job - no. Could she care less - no. Will there be any serious consequences for her - doubtful, her family - doubtful.

Is this the same for many politicians around the world - you bet.

[Robby nz]

The NACC look to be very serious about getting justice for the country regarding the rice scheme, as they should, for the loss to the country has been very big, not just in financial terms, although it will take a fair bit of time to find out just how big the monetary loss actually is, but in terms of reputation as a producer of a quality product and as damage to the farmers.

To show that sincerity they have already charged 2 former ministers of commerce, a deputy minister, a commerce ministry secretary and 13 others in regard of suspect Govt 2 Govt deals.

That there are those who post on here about revenge being taken on officials who do their job in seeking justice for the country shows how the hate, threats and intimidation of the previous administration has permeated society in Thailand, and still there are those who post in support of them.

[citizen33]

The language chosen shows a complete lack of awareness of the impression it creates outside Thailand. In the West we would not form such a committee to 'close loopholes' in a case; the task would be to investigate whether there is a case.

Edited September 10, 2014 by citizen33

[Roadman]

The NACC look to be very serious about getting justice for the country regarding the rice scheme, as they should, for the loss to the country has been very big, not just in financial terms, although it will take a fair bit of time to find out just how big the monetary loss actually is, but in terms of reputation as a producer of a quality product and as damage to the farmers.

To show that sincerity they have already charged 2 former ministers of commerce, a deputy minister, a commerce ministry secretary and 13 others in regard of suspect Govt 2 Govt deals.

That there are those who post on here about revenge being taken on officials who do their job in seeking justice for the country shows how the hate, threats and intimidation of the previous administration has permeated society in Thailand, and still there are those who post in support of them.

Correct. It also does not surprise how some who post on here do not have the intelligence to figure out that the NACC and the civilian courts are nothing to do with the Junta. I guess they are also used to the previous administration constantly intimidating, threatening and perverting the judicial systems and anti corruption groups that they take it for granted that's its same same.

[rickirs]

The NACC look to be very serious about getting justice for the country regarding the rice scheme, as they should, for the loss to the country has been very big, not just in financial terms, although it will take a fair bit of time to find out just how big the monetary loss actually is, but in terms of reputation as a producer of a quality product and as damage to the farmers.

To show that sincerity they have already charged 2 former ministers of commerce, a deputy minister, a commerce ministry secretary and 13 others in regard of suspect Govt 2 Govt deals.

That there are those who post on here about revenge being taken on officials who do their job in seeking justice for the country shows how the hate, threats and intimidation of the previous administration has permeated society in Thailand, and still there are those who post in support of them.

Correct. It also does not surprise how some who post on here do not have the intelligence to figure out that the NACC and the civilian courts are nothing to do with the Junta. I guess they are also used to the previous administration constantly intimidating, threatening and perverting the judicial systems and anti corruption groups that they take it for granted that's its same same.

Article 44 of the Provisional Constitution grants the NCPO chairman sweeping power to "order, suspend, or take action regardless of its effect on the legislative, executive, or the judiciary." The NCPO has the authority to reverse court decisions and can try cases in military court instead of civil court. As you might guess, the judges in a military court are military active senior officers. Even Abhisit critisized this absolute control over the government.

[khunken]

The NACC look to be very serious about getting justice for the country regarding the rice scheme, as they should, for the loss to the country has been very big, not just in financial terms, although it will take a fair bit of time to find out just how big the monetary loss actually is, but in terms of reputation as a producer of a quality product and as damage to the farmers.

To show that sincerity they have already charged 2 former ministers of commerce, a deputy minister, a commerce ministry secretary and 13 others in regard of suspect Govt 2 Govt deals.

That there are those who post on here about revenge being taken on officials who do their job in seeking justice for the country shows how the hate, threats and intimidation of the previous administration has permeated society in Thailand, and still there are those who post in support of them.

Correct. It also does not surprise how some who post on here do not have the intelligence to figure out that the NACC and the civilian courts are nothing to do with the Junta. I guess they are also used to the previous administration constantly intimidating, threatening and perverting the judicial systems and anti corruption groups that they take it for granted that's its same same.

Yes.

The constant unsupported accusations that the junta is interfering with the courts has been given the lie when even Yingluck herself has said that they are not - yesterday.

I don't think it's lack of intelligence Roadman but ignorance and/or blind bias.

[kimamey]

The NACC look to be very serious about getting justice for the country regarding the rice scheme, as they should, for the loss to the country has been very big, not just in financial terms, although it will take a fair bit of time to find out just how big the monetary loss actually is, but in terms of reputation as a producer of a quality product and as damage to the farmers.

To show that sincerity they have already charged 2 former ministers of commerce, a deputy minister, a commerce ministry secretary and 13 others in regard of suspect Govt 2 Govt deals.

That there are those who post on here about revenge being taken on officials who do their job in seeking justice for the country shows how the hate, threats and intimidation of the previous administration has permeated society in Thailand, and still there are those who post in support of them.

Correct. It also does not surprise how some who post on here do not have the intelligence to figure out that the NACC and the civilian courts are nothing to do with the Junta. I guess they are also used to the previous administration constantly intimidating, threatening and perverting the judicial systems and anti corruption groups that they take it for granted that's its same same.

Article 44 of the Provisional Constitution grants the NCPO chairman sweeping power to "order, suspend, or take action regardless of its effect on the legislative, executive, or the judiciary." The NCPO has the authority to reverse court decisions and can try cases in military court instead of civil court. As you might guess, the judges in a military court are military active senior officers. Even Abhisit critisized this absolute control over the government.

Is there any reason to think that this might happen? As far as I can see at the moment it's the NACC and the OAG doing this not the military.

[khunken]

The NACC look to be very serious about getting justice for the country regarding the rice scheme, as they should, for the loss to the country has been very big, not just in financial terms, although it will take a fair bit of time to find out just how big the monetary loss actually is, but in terms of reputation as a producer of a quality product and as damage to the farmers.

To show that sincerity they have already charged 2 former ministers of commerce, a deputy minister, a commerce ministry secretary and 13 others in regard of suspect Govt 2 Govt deals.

That there are those who post on here about revenge being taken on officials who do their job in seeking justice for the country shows how the hate, threats and intimidation of the previous administration has permeated society in Thailand, and still there are those who post in support of them.

Correct. It also does not surprise how some who post on here do not have the intelligence to figure out that the NACC and the civilian courts are nothing to do with the Junta. I guess they are also used to the previous administration constantly intimidating, threatening and perverting the judicial systems and anti corruption groups that they take it for granted that's its same same.

Article 44 of the Provisional Constitution grants the NCPO chairman sweeping power to "order, suspend, or take action regardless of its effect on the legislative, executive, or the judiciary." The NCPO has the authority to reverse court decisions and can try cases in military court instead of civil court. As you might guess, the judges in a military court are military active senior officers. Even Abhisit critisized this absolute control over the government.

Your first sentence is correct based on a translation that I've seen.

Your second one is nothing but an assumption (a biased one). There is no provision that I've seen to 'reverse court decisions' nor has there been any attempt to do so.

Yes, they are using military courts for some cases & I disagree with that. Overall they have not wielded too big a stick and have tended to reverse or abate decisions that have been viewed as too oppressive.

[citizen33]

In a country with a written constitution such as Thailand (as was) the judiciary and the legal institutions gain their legitimacy from the provisions of the Constitution. If the Constitution is abrogated in a miliitary coup then it would seem that the continued existence and standing of those courts depends on the disposition of the military government. There is no separation of powers under military rule. On what basis would one claim that the courts are independent? Certainly the provisional constitution provides no firm foundation at this time.

[metisdead]

A post containing comments that can be construed as being negative about the imposition of Martial Law or the Coup has been removed.

[Fat Haggis]

They should have had their act together and presented everything they had so that it was watertight in the first place. Instead all these committees and sub committees and what not, they pursued this vigorously from day one, now they want more witnesses too, I would presume that they'd also allow YL to get have more as well?

They were too hasty and were too eager to get a prosecution, now it looks more like they're not as competent as they're cracked up to be.

[HerbalEd]

If all the world's leaders were changed and prosecuted for "dereliction of duty" then they'd all be in jail. Hey! That's not a bad idea.

[Acharn]

The NACC look to be very serious about getting justice for the country regarding the rice scheme, as they should, for the loss to the country has been very big, not just in financial terms, although it will take a fair bit of time to find out just how big the monetary loss actually is, but in terms of reputation as a producer of a quality product and as damage to the farmers.

To show that sincerity they have already charged 2 former ministers of commerce, a deputy minister, a commerce ministry secretary and 13 others in regard of suspect Govt 2 Govt deals.

That there are those who post on here about revenge being taken on officials who do their job in seeking justice for the country shows how the hate, threats and intimidation of the previous administration has permeated society in Thailand, and still there are those who post in support of them.

Speaking of revenge, it appears they were trying to railroad her but the new prime minister failed to play their game. I've seen it so many times over the years. Someone presents an accusation, which is then taken up by the media and the opposing political party. Then someone comes along and, oops!, it seems they misread or misinterpreted a document or they didn't have the document that actually showed any wrongdoing. Sometimes it really looks like there was wrongdoing. Other times it's less convincing, like Samak and the ambulance purchases. In this case the guy the NACC appointed to handle the case is known to personally hate the Shinawatra clan with the heat of a thousand suns. Not surprising he overstated the evidence he had.

[JAG]

The. NACC and the OAG want a conviction. Whether it is for reasons of justice being done, or because they ,umm, are close to certain "interest groups" is perhaps debatable.

Do the Junta want a conviction, and risk creating a "martyr" who will act as a focus for the current disparate and dormant opposition? I wander.

Who gets their way will be interesting.

Edited September 10, 2014 by JAG

[rubl]

The. NACC and the OAG want a conviction. Whether it is for reasons of justice being done, or because they ,umm, are close to certain "interest groups" is perhaps debatable.

Do the Junta want a conviction, and risk creating a "martyr" who will act as a focus for the current disparate and dormant opposition? I wander.

Who gets their way will be interesting.

Well, you probably missed that our dear publicus wrote

"Yes Yingluck will get off the hook but it's getting increasingly clear she may never have been on the hook to begin with. That is, it appears increasingly clear from the Attorney General that Yingluck was not seriously or professionally charged. "

Your question on "want conviction and create a martyr" is interesting. How about "want guilty punished even if that may cause distress in some"?

Some don't seem to want the move forward, somehow, it would seem, to me that is.

[Robby nz]

The. NACC and the OAG want a conviction. Whether it is for reasons of justice being done, or because they ,umm, are close to certain "interest groups" is perhaps debatable.

Do the Junta want a conviction, and risk creating a "martyr" who will act as a focus for the current disparate and dormant opposition? I wander.

Who gets their way will be interesting.

Well, you probably missed that our dear publicus wrote

"Yes Yingluck will get off the hook but it's getting increasingly clear she may never have been on the hook to begin with. That is, it appears increasingly clear from the Attorney General that Yingluck was not seriously or professionally charged. "

Your question on "want conviction and create a martyr" is interesting. How about "want guilty punished even if that may cause distress in some"?

Some don't seem to want the move forward, somehow, it would seem, to me that is.

What Jag and his mates are actually saying Rubi is that there should be selective justice.

They appear from their posts to believe that someone in high office should be given the benefit of any doubt without bothering to properly investigate any irregularity.

Others, as we see, think that if there are likely to be problems with repercussions from groups or individuals associated with an accused then an investigation should either be dropped or not undertaken at all.

Whereas thee and me see it differently we believe that everyone should be treated the same under the law and investigated and prosecuted according to their transgressions, then if found guilty subject to the full weight of the law.

[JAG]

I never said anything of the kind. I was commenting on the "will they won't they clusterf**k" over the proposed prosecution of Ms Yingluck, and offering some observations on what might be behind it. If I meant what you suggest I said, then rest assured I would have said so clearly, so clearly that you wouldn't have needed your yellow tinted reading glasses to read it. However I didn't say that!

Edited September 10, 2014 by JAG

[rubl]

I never said anything of the kind. I was commenting on the "will they won't they clusterf**k" over the proposed prosecution of Ms Yingluck, and offering some observations on what might be behind it. If I meant what you suggest I said, then rest assured I would have said so clearly, so clearly that you wouldn't have needed your yellow tinted reading glasses to read it. However I didn't say that!

correct, you didn't say, only suggested possibilities you might somehow see as seemingly likely enough to mention them. Similarly I only wondered about what you really didn't want to say, somehow as suggesting is much more interesting.

BTW I'm 'shortsighted' (which probably won't surprise you), I tend to take of glasses to read

Edited September 10, 2014 by rubl