Civil case on rice scheme unfair: ex-PM's lawyer

[Lite Beer]

Civil case on rice scheme unfair: ex-PM's lawyer
THE SUNDAY NATION

BANGKOK: -- FORMER PRIME minister Yingluck Shinawatra's legal team will appeal if the Finance Ministry files a civil case seeking compensation from her for alleged damages resulting from her government's rice-pledging scheme.

Norawich Lalaeng, a Yingluck lawyer, said yesterday that it would be unfair to the former PM if a civil case was filed as the Criminal Court was yet to hear a separate case in which she has been accused of negligence of duty leading to corruption in the scheme, now scrapped.

"The legal team has discussed this matter and we agree that as soon as the NACC submits its request to the Finance Ministry, we will appeal against the move," he said.

The lawyer noted that the ministry was involved in implementing the rice scheme under the Yingluck government, and questioned whether it was sensible for the ministry to act as the damaged party now.

On Friday, NACC president Panthep Klanarongran said the agency had sent a written request to the Finance Ministry asking it to consider filing a civil case against Yingluck, her former commerce minister Boonsong Teriyapirom and other officials in a bid to receive compensation over the alleged government-to-government deal to sell rice to China.

Norawich said Yingluck's rights were being restricted by martial law and she was unable to comment publicly about political issues.

However, he said that certain groups seemed to be commenting negatively about the ex-PM regarding the ongoing legal cases against her.

The lawyer urged Prime Minister Prayut Chan-o-cha not to allow any?one to attempt to influence those cases.

Meanwhile, Pheu Thai politician Somkid Chueakong said it was not proper for Prayut to have disclosed that he had expressed concern to Yingluck about problems stemming from the rice scheme while she was prime minister.

Source: http://www.nationmultimedia.com/politics/Civil-case-on-rice-scheme-unfair-ex-PMs-lawyer-30254113.html

-- The Nation 2015-02-15

[aimbc]

Yes Somkid good one, no one should ever criticize about anything bad the Puea Thai did. Disgusting politicians. I think people deserve to be told the truth. And it does hurt.

[ezzra]

Yep.. I agree, unfair.. why? a. they all doing it, why she singed out? b. she's the sister of the mighty

Mr T. she should be exempt and protected by her linage to such big man, c. and what happened

to transfer to inactive post? after all, every government crock is being transferred there for a spell

and without repercussions of there misdeeds, why not her as well?

[worgeordie]

Maybe if she is found guilty in a civil case,the country

would be able to claw back some of the money that

the scheme she was responsible for and which cost

the country so much,if that was to happen it would

be a message to future leaders of Thailand ,that they

just cannot do anything they like.and get away with it.

regards Worgeordie

[chainarong]

The thing that amazes me about this case is that and I am sure everyone of us can relate that the huge amount of stuff ups, pork barrelling and waste over the decades that our glorious leaders in our country of origins have managed to squander over the years, I can relate to the ill conceived badly organized installation of roof insulation under the Rudd the Dud leadership in OZ which cost millions of dollars with companies charging for work not done and deaths of workers , an enquiry was instituted to determine and work out reason why and what has been learnt, no penalties or charges against the principals, one can relate to the Democrats under Khun Chuan debacle with the concrete contract for the skytrain projects or the disappearing Police stations under Abhisit , I rest my case, have a nice Sunday .

[jaidam]

Has any info come to light yet on the PTP heavyweight Yaowapa's fist, and how it came to be inserted up Boonsong Teriyapirom thus causing him to do terrible deeds? Under this rice scheme Thailand's leaders diverted 700 billion from the agriculture sector laborers to their red rulers, leading serious observers of the situation to question the Shin PR campaign portrayal of Shin as some sort of sino Robin Hood. While Yaowapa was not officially elected as part of the amart rouge, she has the correct DNA makeup to be a leader over the feeble minded.

[trd]

Maybe if she is found guilty in a civil case,the country

would be able to claw back some of the money that

the scheme she was responsible for and which cost

the country so much,if that was to happen it would

be a message to future leaders of Thailand ,that they

just cannot do anything they like.and get away with it.

regards Worgeordie

Where exactly would it be clawed back from?

[klauskunkel]

The lawyer noted that the ministry was involved in implementing the rice scheme under the Yingluck government

the rice scheme was not just 'under the Yingluck government'...it was under Yingluck. She chaired the rice committee.

Louis XIV said "L'etat c'est moi!", Judge Dredd said "I am the law!", Yingluck said: "Phom ben khao niow!"

[PatOngo]

Boo hoo........don't do the crime if you can't do the time!

[trogers]

The Shin has never hesitate to threaten others with financial ruins. Recall how they threatened Bangkok Post over articles on cracks at Swampy?

Now they are crying when on the receiving end. Are they Buddhists? Karma has returned to bite them in their rears.

[rametindallas]

I'll tell you what isn't fair. A populist government's Scheme that was planned from the beginning to illicitly make money for Thaksin, and the powerful interests who sided with him, while being sold to the Thai people as a Scheme to help out 'poor' farmers when farmers who were actually poor didn't even qualify for the Scheme. This Scheme was THEFT from beginning to end and has cost future generations of Thais money that could have been used to develop the country for all Thais. Nong Yingluck will have her day(s)/years in court and if she is innocent, as she says, she has nothing to worry about. Teams of bookkeepers have been auditing the program and within the year will have many, if not most, of the co-conspirators dead-to-rights. The Junta will probably have to set up a special court to try all the guilty parties and build a new prison to house the ones found guilty. Somebody has to stop the cycle of winning and election and setting up shop to rob the country and it needs to stop for all future politicians. Taking away their wealth and freedom just might send a strong enough message but I doubt it.

Just because a government is 'democratically' elected doesn't make their theft of taxpayers' money okay.

[djjamie]

After 2 years 9 months and 2 days in office it has been concluded that 700 billion baht has been lost & 3 million tons of rice stolen from the rice scam which means that for every HOUR yingluck was PM she lost 26.8 million baht & 18,500 kgs of rice... thats per hour! That's the rice committee chairman. The boss of the scheme.

So what is unfair is that the tax payer that works hard every week to pay tax did not see that money benefitting Thailand or Thai's, but going into corrupt PTP and associates pockets and to rub salt in the wounds the PTP promise 6 times before the PDRC start protesting that the farmers would be paid, BUT we find out the PTP ran out of tax payers money and the promises were delay tactics so they could wait for the PDRC to start protesting so they could blame them for non payments!!! That is what is unfair.

700 billion baht was earmarked to pay for a high speed train under the PTP government and they were going to fund that through a loan that would take over 25 years to pay off. They could have payed for it with the losses from this unfair scheme.

I have absolutely no doubt thaksin is a brilliant businessman, maybe not yingluck, but thaksin is and he had invested his money in projects that have given a healthy return, but when the shinawataras use other peoples money they are as inept at investing as a 15 year old yaba dealer.

​Unfair! In the words of Micheal Jackson…."Smooth criminal"….

Edited February 15, 2015 by djjamie

[binjalin]

haha so funny no one really believes this 700 billion figure right? it's all about ............... (censored) wake up some gullible TVF posters. This was planned for years and NOTHING to do with rice, corruption or high speed trains to pattaya

[Pimay1]

The Shin has never hesitate to threaten others with financial ruins. Recall how they threatened Bangkok Post over articles on cracks at Swampy?

Now they are crying when on the receiving end. Are they Buddhists? Karma has returned to bite them in their rears.

The threats must have worked. Even though the article was true, the journalist who reported it was fired by the Bangkok Post.

[dominique355]

Perhaps Yingluck might want to consider changing her lawyer.

Obviously this one doesn't know the difference between civil law and criminal law.

[djjamie]

haha so funny no one really believes this 700 billion figure right? it's all about ............... (censored) wake up some gullible TVF posters. This was planned for years and NOTHING to do with rice, corruption or high speed trains to pattaya

Of course you don't believe it because it does not suit your agenda.

This has nothing to do with rice??…I am talking about the rice scheme mate…So it is about rice. If I was talking about the PTP lack of transparency in the water management scheme or the threats they gave voters to vote for them or else then it would be nothing about rice. To reiterate, I am talking about the rice scheme…

Here are some other entities you didn't believe because it did not suit the PTP agenda either. I have highlighted in red the honorary president of the Thai Rice exporters association who is the latest addition to this growing list who was as recently as yesterday dismissed and denounced for being involved in uncovering fake G2G rice deals.

So without further ado here are the entities that your peers have demonized and dismissed. The World bank, Moody's, UNHCR, Human Rights Watch, the Environmentalists, the corn farmer, rubber farmers, rice farmers, medical association, rural teachers, academics, Supa, global economists, IMF, private banks, GSB, the EC, AoT, the courts, military, bangkok middle class, business owner, state enterprise staff, Buddhist monks, civil servants, labor unions, Green Politics group, Thai Constitution Protection Association, The Thai press, NIDA poll, Bangkok Poll and Dr Smarn Ophaswongse.

To err is human, but apparently the PTP are never ever wrong. I have always had my doubts that Chalerm was human, but the whole PTP??

Edited February 15, 2015 by djjamie

[Thaddeus]

haha so funny no one really believes this 700 billion figure right? it's all about ............... (censored) wake up some gullible TVF posters. This was planned for years and NOTHING to do with rice, corruption or high speed trains to pattaya

They were just symptoms of the virus that has been plaguing Thailand for years, the virus remains the same.

As for the case being called unfair...... aww diddums.

Edited February 15, 2015 by Thaddeus

[scorecard]

"The (yinglucks) lawyer noted that the ministry was involved in implementing the rice scheme under the Yingluck government, and questioned whether it was sensible for the ministry to act as the damaged party now."

Strange locic - in fact the ministry / all agencies are there to do the will of the people, to protect the people, to protect the common wealth of all Thai people. The ministry has a duty to act on behalf of the people.

But of course red logic is that the ministry should act as an arm of the red / udd camp and protect the red / udd camp.

[angiolo]

Unfair. Let the court decide. Well maybe lots of money will decide.

[LuckyLew]

Of course her lawyer thinks it is unfair ... but if it goes to court i bet the lawyers will still charge theor hourly fees

[stopthegreed]

The thing that amazes me about this case is that and I am sure everyone of us can relate that the huge amount of stuff ups, pork barrelling and waste over the decades that our glorious leaders in our country of origins have managed to squander over the years, I can relate to the ill conceived badly organized installation of roof insulation under the Rudd the Dud leadership in OZ which cost millions of dollars with companies charging for work not done and deaths of workers , an enquiry was instituted to determine and work out reason why and what has been learnt, no penalties or charges against the principals, one can relate to the Democrats under Khun Chuan debacle with the concrete contract for the skytrain projects or the disappearing Police stations under Abhisit , I rest my case, have a nice Sunday .

A waste of Government money yes !!

But we are talking about Thailand. This Womans wealth alegedly grew by several billion while she was in office, Personal gain?

Just get her answer that one question. "Where did all this new found wealth, come from" ?

[SOTIRIOS]

...nothing is alleged....it is proven without a doubt...

...maybe the lawyers should face charges themselves.....

[Eric Loh]

haha so funny no one really believes this 700 billion figure right? it's all about ............... (censored) wake up some gullible TVF posters. This was planned for years and NOTHING to do with rice, corruption or high speed trains to pattaya

Not only this was planned for years but repeated 13 times over in the short history of Thailand democracy; not counting the 8 unsuccessful coups. It's so obvious but yet there will always be the gullibles. The establishment and the right wingers will always triumph with brute and democracy will be trampled. They will only allow a short window of democracy to fool the world and clamp it down when threatened.

[Basil B]

No Overtaking

The object of the exercise is to draw out the legal process as long as possible indefinitely.

Edited February 15, 2015 by Basil B

[ALLSEEINGEYE]

it's just unfair!!! Maybe they should try stamping their feet or perhaps holding their breath.

[candide]

The thing that amazes me about this case is that and I am sure everyone of us can relate that the huge amount of stuff ups, pork barrelling and waste over the decades that our glorious leaders in our country of origins have managed to squander over the years, I can relate to the ill conceived badly organized installation of roof insulation under the Rudd the Dud leadership in OZ which cost millions of dollars with companies charging for work not done and deaths of workers , an enquiry was instituted to determine and work out reason why and what has been learnt, no penalties or charges against the principals, one can relate to the Democrats under Khun Chuan debacle with the concrete contract for the skytrain projects or the disappearing Police stations under Abhisit , I rest my case, have a nice Sunday .

A waste of Government money yes !!

But we are talking about Thailand. This Womans wealth alegedly grew by several billion while she was in office, Personal gain?

Just get her answer that one question. "Where did all this new found wealth, come from" ?

Any source about this several billion wealth increase apart from yourself?

[wabothai]

Typical lawyer strategy.

They are about to loose their account with madame shin.

[rickirs]

Yingluck's attorney makes two points, albeit presented in the article in a shody manner.

Point 1 - Civil case must wait for completion of the Criminal case

The attorney is wrong.

The civil case can run concurrently to the criminal case and its outcome does not necessarily depend on the criminal case. More than often civil cases are won than their corresponding criminal cases simply because the judicial threshholds are much lower in civil cases than criminal cases. The latter must overcome the "no shadow of a doubt" standard while the former need only prove "circumstantial" negligence. And negligence needn't be proven to be willful.

Point 2 - Civil case should not be filed by the Finance Ministry

The attorney is correct. But it won't matter.

The Finance Minsitry as well as all the other cabinet ministeries were selected and appointed by the NCPO. The cabinet ministers work under the authority of the prime minister who was also the NCPO Chief. It was the NCPO that overthrew Yingluck and her constitutionally elected government in violation of the constitution. Under Article 44 of the Interim Charter the NCPO has judicial authority on all Thai matters. Obviously, by even undemocratic standards ANY of Prayuth's government officials involvement in a civil suit against Yingluck is a CONFLICT OF INTEREST.

As witnessed with the trial of Thaksin in absentia, a conflict of interest by government officials is a serious criminal offense. Why would not then a conflict of interest in the Yingluck case be avoided by the Prayuth government? The impropiety of possible conflict of interest by government officials should invite the scrutiny and possible charges by the NACC. Unfortunately, "double standard" comes to mind that contravenes "equality" to all Thais even under the Interim Charter. The suit will be filed by the Finance Ministry.

Edited February 15, 2015 by rickirs

[Stargeezr]

I am just wondering that if the former PM had her freedom of saying what

she wanted about the rice scheme, what would it be. Would it goes something like,

I was given bad advice, or I heard the right advice but didn't agree with it, that why

so much rice was not so good quality, and now every tax payer in Thailand has to suffer

for my bad information. Poor me, poor little me.

I just hope that the people of Thailand are compensated if they indeed lost a lot of money because of this

rice plan gone wrong.

It always bothers me when politicians and PMs get off the hook, when they mess up and

cost their country a ton of money.

[Robby nz]

haha so funny no one really believes this 700 billion figure right? it's all about ............... (censored) wake up some gullible TVF posters. This was planned for years and NOTHING to do with rice, corruption or high speed trains to pattaya

Not only this was planned for years but repeated 13 times over in the short history of Thailand democracy; not counting the 8 unsuccessful coups. It's so obvious but yet there will always be the gullibles. The establishment and the right wingers will always triumph with brute and democracy will be trampled. They will only allow a short window of democracy to fool the world and clamp it down when threatened.

Once again when the shin supporters have no answers we see the conspiracy theories trotted out.

They are all against us but still we have beaten them, now they are after us again, but we cant say who.

One of the great lies that Thaksin needed to get into power in the first place, the BKK elite are all against you, the poor and disadvantaged, but I will be your hero and fight for you.

Just ignore that I am a billionaire and an getting richer by scamming the country, No 6 on the rich list means nothing really, I'm still on the side of the poor.

That now not only the poor but the majority of the population are poorer and deeper in debt is all the fault of those dirty BKK elite, I did my best for you says Yingluck, I had your interests at heart, that I lied time and again was only in your best interests.

And of course the shin supporters wont believe truth if it leapt up and bit their collective bums, how many groups have actually done the numbers and come up with the 700 billion that "no one really believes" ?

Well there was the finance ministry themselves, the Thailand development research institute, Freedom barometer, NACC and others. But you cant believe any of them they are all puppets of the rich elite, just because they can produce accounts to prove what they say means nothing.

We the shin supporters know better because....Well because Thaksin said it was a great scheme and should continue for several more years and we have to believe everything he says for if we don't everything falls in a heap and then we may have to think for ourselves.