Thai former PM Yingluck to face trial over rice scheme: court

[webfact]

Thai former PM Yingluck to face trial over rice scheme: court
AFP

BANGKOK: -- Thailand's former premier Yingluck Shinawatra was Thursday ordered to stand trial on charges of negligence over a bungled rice subsidy scheme, in a case that could see her jailed for up to a decade.

The decision is the latest legal move against Yingluck -- Thailand's first female prime minister and sister of fugitive ex-premier Thaksin Shinawatra -- that could spell the end of her family's political dominance.

The Shinawatras, or parties allied to them, have won every Thai election since 2001.

"The panel (of judges) has decided that this case falls within our authority ... We accept this case," said judge Veeraphol Tangsuwan at Bangkok's Supreme Court, adding that the first hearing will be held on May 19.

Thailand's attorney general filed criminal charges against Yingluck in February, accusing her of "dereliction of duty" in relation to the economically disastrous rice scheme, which paid farmers in the rural Shinawatra heartland twice the market rate for their crops.

The programme cost billions of dollars and inspired the protests that eventually felled Yingluck's elected government and led to May's military coup.

The court's decision comes less than two months after the retroactive impeachment of the former premier by an assembly appointed by the ruling generals -- a move that carries an automatic five-year ban from politics.

Yingluck did not attend the Bangkok court on Thursday but will be legally obliged to attend the first hearing in May.

In a statement on her Facebook page after the ruling she defended the controversial rice programme as one which "lifted the quality of life for rice farmers".

"As prime minister I was always honest and served the Thai people, who voted for my government. I have confidence in democracy," she said.

The army takeover last year was the latest twist in Thailand's turbulent political landscape, at the heart of which sits Thaksin, who was toppled by a previous coup in 2006 and now lives in self-exile to avoid jail on a corruption charge.

Yet his influence persists in Thai politics, with Shinawatra-allied parties drawing the loyalty of the rural north as well as urban working-class voters for their populist policies.

But Thaksin is loathed by much of the country's royalist elite, which is backed by parts of the military and judiciary.

Puangthong Pawakapan, a Thai politics expert at Chulalongkorn University, said the charges against Yingluck were an example of history repeating itself.

"It's quite clear the elite want to force out the Shinawatras from politics," she told AFP.

The junta has said it will hold fresh elections in early 2016 once reforms to tackle corruption and curb the power of political parties are codified in a new constitution.

But the draft charter has already raised deep concerns in the kingdom, and critics doubt whether it will bridge Thailand's political divisions.


-- (c) Copyright AFP 2015-03-19

[jdinasia]

The date of the first hearing is interesting.

[dru2]

Congratulations Madame Yingluck!

[Freed1948]

They should be after her brother as well.

[geriatrickid]

The military government seems intent on making the deposed PM a martyr.

Dragging out the persecution or prosecution, depending upon's one view, will keep her name in the news and build sympathy for her.

No good will come of this. It is a recipe for civil disorder and will undermine the current military rulers' position. The courts are not seen as impartial, nor free of political interference from the military regime. A conviction, which appears to be preordained, will be treated accordingly. I genuinely fear the consequences of this as I believe that the majority of Thais will not support it. Despite what many foreigners assume about Thai people, they still have a soft spot for her.

[IMA_FARANG]

In my personal opinion I would accept not bringing her to trial if she would just go on television and tell the Thai people these points:

• Look, I"'m not that intelligent anyhow, and even though I had my doubts about this Rice deal no one ever TOLD me it was a scam.
• Anyhow, my brother told me to do it and I had to do what he told me.
• And anyhow, I was just the Deputy Prime Minister , it was always my brother running the show anyhow.
• So please don't send me to jail.

If she would say that I would forgive her.

Let's just call an admission of guilt on the grounds of "diminished capability" because she was not intelligent enough to know how she was being scammed by others.

[rametindallas]

Yingluck Shinawatra was Thursday ordered to stand trial on charges of negligence over a bungled rice subsidy scheme

I wouldn't say the Rice Subsidy Scheme was bungled at all. I believe it worked exactly as planned and made billions for those at the top of the pyramid. It would have made even more except Thaksin got impatient for his amnesty. Who knows how many millions Ms Yingluck has waiting for her in foreign bank accounts as a reward for directing her government to carry out the Scheme. Her brother must be very proud of her. No doubt her escape plan is well-planned and thoroughly rehearsed. Thaksin is a world-class, genius criminal and he got away with the loot scot-free. There is no way the Thai people will recover even a fraction of that money, either.

[soundman]

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[webfact]

Yingluck to stand first trial on May 19



BANGKOK: -- Former premier Yingluck Shinawatra was ordered to stand trial before the Supreme Court's Criminal Division for Holders of Political Position, same as her brother Thaksin Shinawatra faced and sentenced in 2008.

The first hearing for her was set on May 19.

In today’s hearing of the decision of the Supreme Court whether to accept the case filed against her by the Office of the Attorney-General, the court judge Virapol Tangsuwan announced “the panel has reached a decision that this case falls within our authority. We accept this case for trial.”

He stated further that the first hearing of the case will be on May 19.

Ms Yingluck faces charges of negligence over a bungled rice subsidy scheme.

If found guilty, she could face jail term of up to over 10 years.

However on the first hearing she must appear in court. On this day, the court will announce whether she will be granted bail or not.

Failure to appear or in case of fleeing the country, the court will issue her arrest warrant.

In case she does not show up, the court could suspend the trial temporarily but the statute of limitation will not expire until she is brought back to stand trial.

Besides the court can conduct trial in her absentia.

Ms Yingluck is charged with dereliction of duty, as well as abuse of authority, in accordance with Section 157 of the Criminal Code and Section 123/1 of the 1999 Organic Law on Counter-Corruption.

She is accused of failing to oversee the rice-pledging scheme, which incurred losses of more than 500 billion baht to the state.

Former prime minister Thaksin was sentenced two years in prison over the controversial land sale on Ratchadapisek in September 2008.

However Thaksin fled the country before the court’s ruling.

Source: http://englishnews.thaipbs.or.th/yingluck-to-stand-first-trial-on-may-19


-- Thai PBS 2015-03-19

[smedly]

I think we should have a poll - will she do a runner or not

[scorecard]

<script type='text/javascript'>window.mod_pagespeed_start = Number(new Date());</script>

The military government seems intent on making the deposed PM a martyr.

Dragging out the persecution or prosecution, depending upon's one view, will keep her name in the news and build sympathy for her.

No good will come of this. It is a recipe for civil disorder and will undermine the current military rulers' position. The courts are not seen as impartial, nor free of political interference from the military regime. A conviction, which appears to be preordained, will be treated accordingly. I genuinely fear the consequences of this as I believe that the majority of Thais will not support it. Despite what many foreigners assume about Thai people, they still have a soft spot for her.

So if you extend what your suggesting g'kid all past offenders should never be prosecuted or punished.

So that brings an obvious question: 'How can Thailand ever move forward if there continues to be a lack of respect for the law?'

By the way, I'm not so convinced of 'they still have a soft spot for her'.

Many of my university and business colleagues and personal friends have just the opposite view and want some punishment metered out (with fair trial and process of course).

[leeneeds]

So hard to stand up and say

" sorry I , we got it wrong with the rice pledging scheme " NO One wants to be accountable anymore , Forgiveness can only happen when and after you have admitted your mistakes, !

IS THIS A LIKELY TO HAPPEN ?

AM I A PESSIMIST OR OPTIMIST

[pinkpanther99]

This won't end well.

[jdinasia]

This won't end well.

I guess that would depend on your definition of "end well".

If it breaks the cycle of corruption at the top of civilian government before the next elections that would be ending well by my definition. ( not suggesting it will end corruption --)

[webfact]

EX-PM Yingluck pleads for fair trial



BANGKOK: -- Former prime minister Yingluck Shinawatra said today that she expected to be given a fair trial and a chance to give her side of the story in her defence of the charge of dereliction of duty in connection with the rice pledging scheme.

Posting a message in her Facebook page after the Supreme Court’s criminal division for holders of political offices agreed to accept her case for consideration, Ms Yingluck insisted that she had performed her duty in honesty and in the service of the people who had voted her party into the office and in conformity with the Constitution, laws and regulations.

She claimed that the rice pledging scheme was the wish of the people and her government responded in kind to help out rice farmers who had always been exploited by the middlemen and who had never had a chance to dictate the prices of their own products.

The ex-premier did not show up at the Supreme Court today when it decided to accept her case for consideration.

As for the right to justice process, the ex-prime minister said she felt the rule of law had been missing in her case citing the ruling of the National Anti-Corruption Commission that there was no evidence of corruption against her or her consent for corruption, yet the NACC faulted her of dereliction of duty.

Insisting on her innocent, Ms Yingluck said she hoped she would have the right of access to justice process and would be given a fair chance to present her side of the story to the court.

More important, she said the trial must be fair, transparent and devoid of prejudice. She complained that she was not treated fairly since she was accused of failing in her duty and that she was a victim of political campaign to destroy her.

(Photo : facebook.com/Y.Shinawatra)

Source: http://englishnews.thaipbs.or.th/ex-pm-yingluck-pleads-for-fair-trial


-- Thai PBS 2015-03-19

[MisterTee]

The military government seems intent on making the deposed PM a martyr.

Dragging out the persecution or prosecution, depending upon's one view, will keep her name in the news and build sympathy for her.

No good will come of this. It is a recipe for civil disorder and will undermine the current military rulers' position. The courts are not seen as impartial, nor free of political interference from the military regime. A conviction, which appears to be preordained, will be treated accordingly. I genuinely fear the consequences of this as I believe that the majority of Thais will not support it. Despite what many foreigners assume about Thai people, they still have a soft spot for her.

If any Thai people still have a soft spot for her, it must be in the cranial region.

Edited March 19, 2015 by MisterTee

[peptidebomber]

She is being tried for neglecting corruption that occurred under a scheme she was in charge of. Which she is probably guilty.

But, not one case of corruption has been taken to court and proven! Why not?? For her to be guilty in a normal court then the corruption would already have to be proven.

Why is this country so backward?

[leeneeds]

I was so happy once elected i had to travel all around the world meeting and greeting , why would i be interested in running the country ,

[zaphod reborn]

Yes, the poor farmers have historically always been exploited by the middlemen. That's why Yingluck allowed her scheme to be exploited by middlemen and cronies aligned with the Shin family, so that they could get a cut of the action. Now, Yingluck will let her middlemen mouthpiece lawyers state her case in a trial, where she will remain conspicuously silent (save for a completely vague opening statement saying she was acting on the people's desire to be exploited).

[geriatrickid]

So if you extend what your suggesting g'kid all past offenders should never be prosecuted or punished.

So that brings an obvious question: 'How can Thailand ever move forward if there continues to be a lack of respect for the law?'

By the way, I'm not so convinced of 'they still have a soft spot for her'.

Many of my university and business colleagues and personal friends have just the opposite view and want some punishment metered out (with fair trial and process of course).

Nope. Not saying anyone deserves a free pass. If the true purpose was to address corruption and to find the implicated parties, going after one person achieves nothing. What is needed is a stand alone, impartial commission of inquiry. In some jurisdictions it is called a Royal Commission or a Special Investigations Committee. This inquiry has the power to call anyone and to subpoena all relevant documents. It has the task of finding out what went wrong and who was responsible. Once the public inquiry, which is typically broadcast on a public TV channel, completes the inquiry, if there is sufficient information to justify charges, then those charges can be brought. The inquiry has the benefit of putting everything out in the open and holding people accountable, even if they were not criminally liable. To date, the investigation into the rice pledging issue has been behind closed doors. Information was released piecemeal and subject to allegations of tampering. There are doubts expressed about the impartiality of the judicial system and whether or not the former PM will receive a fair trial. You will say, yes she will. However, you surely acknowledge that there are many with doubts. This is where a public inquiry offers value. It squashes the allegations of trial rigging as the information provided at an inquiry is much broader and encompassing. It also can expose more. Thing is, I doubt the current administration wants issues such as tendering processes and the lack of transparency to be discussed, because it is using the same system.

In respect to your view on sympathy for the deposed PM, it all depends where one is. The sympathy for her breaks along the lines of the last election results and that's a lot of Thais who feel sorry for her.

[oneday]

If there is anything that will guarantee no reconciliation it's taking YL to trail over this. It's vindictive and misguided.

I refuse to believe she profited from any of this or ever had any intention to profit from it...why would she...she already has enough money. I also will not believe she did anything with malicious intent and those are the only reasons she should be found guilty if either of those two can be proved beyond any doubt. She might be blamed for poor judgement, for being naive, for not listening or not acting fast enough or just not being very bright, but none of those are jail-able offenses. This is simply an out-of-control, rabid government out to get Thaksin anyway they can and if that means putting his sister in jail in lieu of him then that is what they will do.

Edited March 19, 2015 by oneday

[Equalizer]

Just out of curiosity. Did the scheme give the poor farmers a better standard of living? Begs the question because what i have read is she paid them double what they would have got at market prices. I have never read any reports of Suthep Thaugsuban giving the palm farmers double the market price when they where forced to sell it all to him at rock bottom prices which then made his palm oil refinery monopoly billions. Still i suppose it OK to lose money when it goes in the right pockets.

[sweatalot]

Yingluck to stand first trial on May 19

BANGKOK: -- Former premier Yingluck Shinawatra was ordered to stand trial before the Supreme Court's Criminal Division for Holders of Political Position, same as her brother Thaksin Shinawatra faced and sentenced in 2008.

The first hearing for her was set on May 19.

In today’s hearing of the decision of the Supreme Court whether to accept the case filed against her by the Office of the Attorney-General, the court judge Virapol Tangsuwan announced “the panel has reached a decision that this case falls within our authority. We accept this case for trial.”

He stated further that the first hearing of the case will be on May 19.

Ms Yingluck faces charges of negligence over a bungled rice subsidy scheme.

If found guilty, she could face jail term of up to over 10 years.

However on the first hearing she must appear in court. On this day, the court will announce whether she will be granted bail or not.

Failure to appear or in case of fleeing the country, the court will issue her arrest warrant.

In case she does not show up, the court could suspend the trial temporarily but the statute of limitation will not expire until she is brought back to stand trial.

Besides the court can conduct trial in her absentia.

Ms Yingluck is charged with dereliction of duty, as well as abuse of authority, in accordance with Section 157 of the Criminal Code and Section 123/1 of the 1999 Organic Law on Counter-Corruption.

She is accused of failing to oversee the rice-pledging scheme, which incurred losses of more than 500 billion baht to the state.

Former prime minister Thaksin was sentenced two years in prison over the controversial land sale on Ratchadapisek in September 2008.

However Thaksin fled the country before the court’s ruling.

Source: http://englishnews.thaipbs.or.th/yingluck-to-stand-first-trial-on-may-19

-- Thai PBS 2015-03-19

Thai PBS: Not biased as the annoying AFP

- why does TV still bring the biased and demagogic stuff from this polemical source that does not just keep to the facts?

Edited March 19, 2015 by sweatalot

[realenglish1]

If you check the history of my posts I said "when the rice scheme was first proposed that it was government getting involved in something they should not be involved in.

Now having said that I just do not get it when they say they are criminally going after Yingluck because of Dereliction of Duty. This witch hunt is all politics.

It you can get someone because of dereliction of duty then Obama would be servicing a very long sentence. And the fallout from this is very very bad

If there are good Thai people that can be a good leader as MP or Prime minister why in gods name would they want to run for office in Thai politics ?

A lot of you here on Thai visa react out of emotion not reality . Think about it are children running around school saying I want to be Prime Minister when I grow up

I think not .

That is a sad state of affairs

Edited March 19, 2015 by realenglish1

[Baerboxer]

The military government seems intent on making the deposed PM a martyr.

Dragging out the persecution or prosecution, depending upon's one view, will keep her name in the news and build sympathy for her.

No good will come of this. It is a recipe for civil disorder and will undermine the current military rulers' position. The courts are not seen as impartial, nor free of political interference from the military regime. A conviction, which appears to be preordained, will be treated accordingly. I genuinely fear the consequences of this as I believe that the majority of Thais will not support it. Despite what many foreigners assume about Thai people, they still have a soft spot for her.

Soft spot for her - what the swamp at the bottom of their garden?

My Missus and a lot of her old Uni friends all voted for PTP - they believed she just might be a breath of fresh air so badly needed. Now, they loath her as much as anyone and all went to join the protests against Thaksin's whitewash. They believe her as corrupt as her brother.

The evidence against her, unless she has some surprises in her defense, seems plainly obvious. Simply repeating she's honest (and the fact she's a proven liar many times seems to escape her), has done no wrong (she didn't do much right either) and the scheme benefited the poor (when even the World Bank says it didn't) is not really a credible defense.

[JoeLing]

F-A-I-R
Sorry doesn't exist in Thailand's vocabulary or minds

Unless off course, Fair Trial is something like a Temple Fair

Edited March 19, 2015 by JoeLing

[Eric Loh]

If there is anything that will guarantee no reconciliation it's taking YL to trail over this. It's vindictive and misguided.

I refuse to believe she profited from any of this or ever had any intention to profit from it...why would she...she already has enough money. I also will not believe she did anything with malicious intent and those are the only reasons she should be found guilty if either of those two can be proved beyond any doubt. She might be blamed for poor judgement, for being naive, for not listening or not acting fast enough or just not being very bright, but none of those are jail-able offenses. This is simply an out-of-control, rabid government out to get Thaksin anyway they can and if that means putting his sister in jail in lieu of him then that is what they will do.

The charge is negligence and not corruption. There are no evidence connecting her to corruption. If negligence was the charge, then there are a laundry list of past PMs that have schemes mired in corruption. The Thai Khen Khaeg which cost 1.49T B by Ahbisit, Chuan's Phuket land corruption and even Chavalit financial crisis debacle were result of negligence. The Supreme Court has the responsibility to accept the case and the verdict will tell if this is another purge attempt on the Shins or if proper due process of law was practiced, rule her not guilty.

[Baerboxer]

If you check the history of my posts I said "when the rice scheme was first proposed that it was government getting involved in something they should not be involved in.

Now having said that I just do not get it when they say they are criminally going after Yingluck because of Dereliction of Duty. This witch hunt is all politics.

It you can get someone because of dereliction of duty then Obama would be servicing a very long sentence. And the fallout from this is very very bad

If there are good Thai people that can be a good leader as MP or Prime minister why in gods name would they want to run for office in Thai politics ?

A lot of you here on Thai visa react out of emotion not reality . Think about it are children running around school saying I want to be Prime Minister when I grow up

I think not .

That is a sad state of affairs

Has Obama got a habit of never turning up to meetings he should chair, to which he appointed himself chair? Does he lie about negotiating G2G deals and either turn a blind eye to or be complacent in fraud?

If she's chaired the meetings, really done her best to ensure things were running as best they could, ensured that allegations of fraud were investigated properly, and produced audited accounts for parliament then fair play, she should not be charged with anything. But she didn't did she? She never attended, lied about there being no frauds, quality or inventory issues, lied that farmers would be paid and still lies when she says this scheme improved the quality of live for poor people. It didn't.

Not sure whether it's arrogance, ignorance or a combination of both that makes her think she can always escape justice by lying, sticking to the same bullshit like a parrot, and pretending everything is politically motivated and hoping for sympathy.

Nothing to do with emotion - most posters can see through the Shin lies, little white ones and whoppers; and see how the poor were betrayed, used and lied to.

The Shin supporters all clamor to defend her saying the Junta's illegal, it's a witch hunt, she was elected etc etc - but never do they offer a defense or explanation to questions like why she never attended meetings, presented accounts to parliament or lied to farmers about paying them next week.

[Lovekorat]

This is all well and good. If she is guilty then there should be a punishment of some sorts.

But.

I wonder if the powers that be are now going to go after those involved in corruption on the other side of the political fence?

Maybe I am I'll-informed but is it right that all of the cases being brought are on the 'red' side of the equation?

What about the 'yellow' side

There is quite a list I should think

Somehow I think they will not be touched

If they don't go after those individuals that is evidence enough that this is politically motivated and nothing to do with ridding the country of corruption.

Then the only conclusion that can be drawn is that the coup was not intended to bring safety and security to the country but to seize power.

No doubt we will see

[Baerboxer]

If there is anything that will guarantee no reconciliation it's taking YL to trail over this. It's vindictive and misguided.

I refuse to believe she profited from any of this or ever had any intention to profit from it...why would she...she already has enough money. I also will not believe she did anything with malicious intent and those are the only reasons she should be found guilty if either of those two can be proved beyond any doubt. She might be blamed for poor judgement, for being naive, for not listening or not acting fast enough or just not being very bright, but none of those are jail-able offenses. This is simply an out-of-control, rabid government out to get Thaksin anyway they can and if that means putting his sister in jail in lieu of him then that is what they will do.

The charge is negligence and not corruption. There are no evidence connecting her to corruption. If negligence was the charge, then there are a laundry list of past PMs that have schemes mired in corruption. The Thai Khen Khaeg which cost 1.49T B by Ahbisit, Chuan's Phuket land corruption and even Chavalit financial crisis debacle were result of negligence. The Supreme Court has the responsibility to accept the case and the verdict will tell if this is another purge attempt on the Shins or if proper due process of law was practiced, rule her not guilty.

Whatever anyone else did or didn't do isn't worth chicken shit. This case is about Yingluck and the way she managed her flagship rice financing scheme, to which she appointed herself chairperson.

She says on FB, or at least her ghost writers do, that she always acted honestly as PM.

Eric, do you believe that to be the case, that Yingluck always acted honestly, which means always told the truth too?