Thai lawyer advises PCD to hold off on paying Bt9 bn compensation

[webfact]

Lawyer advises PCD to hold off on paying Bt9 bn compensation
The Nation

BANGKOK: -- Lawyer Suprawat Jaisamut said yesterday that the Pollution Control Department (PCD) may not have to rush to pay the Bt9.618 billion compensation that a joint-venture firm won in a court battle over the graft-plagued and now-cancelled Klong Dan wastewater-treatment plant.

He pointed out that the payment, as set by the Supreme Administrative Court, might have to wait until the Supreme Court has ruled on the fraud cases that the PCD filed against the private companies.

He said the Supreme Court would take about a year to consider the case and deliver a ruling.

"If PCD pays the compensation now, it may face problems in the future because the criminal case is still in court. The primary court's ruling was in PCD's favour because of the reported fraud, but the Appeals Court overturned the ruling. If the Supreme Court upholds the primary court's ruling, then that would be totally against the Supreme Administrative Court's ruling and lead to the establishment of a committee to review the rulings. So, the PCD should be careful about paying the compensation at this time," he added.

Meanwhile, PCD chief Wichien Jungrungruang said yesterday that he was in negotiations with the joint-venture firm to ask if the Bt2 million daily interest can be suspended. He went on to say that PCD officials would also work with the Finance Ministry's Comptroller-General Department to ask the Cabinet for fund approval because of the daily interest.

Source: http://www.nationmultimedia.com/national/Lawyer-advises-PCD-to-hold-off-on-paying-Bt9-bn-co-30248641.html


-- The Nation 2014-11-27

[rickirs]

PCD wants to withhold payment because the Supreme Court might rule against the private companies for fraud. Yet, the PCD wants the JV to suspend the daily interest on its court approved compensation. Essentially, the PCD wants the JV to finance the delay for PCD to get a reverse ruling. I don’t see any cause for the JV to agree. No one is forcing the PCD to appeal.

If the JV does agree, it would seem suspect that the JV isn’t getting something else in such a one-sided deal. If I were the JV I’d say no to suspending the interest. The PCD can have the payments put into an escrow account until the SC decision.

[Bluespunk]

PCD wants to withhold payment because the Supreme Court might rule against the private companies for fraud. Yet, the PCD wants the JV to suspend the daily interest on its court approved compensation. Essentially, the PCD wants the JV to finance the delay for PCD to get a reverse ruling. I don’t see any cause for the JV to agree. No one is forcing the PCD to appeal.

If the JV does agree, it would seem suspect that the JV isn’t getting something else in such a one-sided deal. If I were the JV I’d say no to suspending the interest. The PCD can have the payments put into an escrow account until the SC decision.

I'm glad you understood that because all i got from it was 'blumpty blimpty blur blah blah blah'.

Bit like those scenes in Charlie Brown cartoons when the teacher is speaking.

Edited November 27, 2014 by Bluespunk

[lvr181]

PCD wants to withhold payment because the Supreme Court might rule against the private companies for fraud. Yet, the PCD wants the JV to suspend the daily interest on its court approved compensation. Essentially, the PCD wants the JV to finance the delay for PCD to get a reverse ruling. I don’t see any cause for the JV to agree. No one is forcing the PCD to appeal.

If the JV does agree, it would seem suspect that the JV isn’t getting something else in such a one-sided deal. If I were the JV I’d say no to suspending the interest. The PCD can have the payments put into an escrow account until the SC decision.

Do "escrow accounts" exist under Thai law?

And I do think your comment regarding this, is common sense, but TIT

[maidee]

so, no wastewater treatment for the people but still have to pay some companies that commited fraud ?

[vijer]

so, no wastewater treatment for the people but still have to pay some companies that commited fraud ?

This was all negotiated in the pre contract bribe negotiations.

Step 1 ask for bids

Step 2 tell how much the minimum bribe is

Step 3 select a company to award the contract to

Step 4 negotiate with the company to do nothing

Step 5 plan to sue and counter sue

Step 6 everyone follows the plan

Step 7 tax payers bilked of 10 billion

Step 8 interested parties go on to celebrate a well executed plan

Step 9 distribute profits