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


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The charge should be worded: Negligence to prevent the corruption of rice industry workers, government officials, police officers, military personnel, and politicians. That should cover the current case. Clearly the responsibility of the PM.

Also should add the following charges: Negligence to not operate the government at a budget surplus (the UN's should look into this kind of law too), implementing government programs that may cause a net loss, not causing the stock market increase enough, allowing the baht to devalue, allowing real estate property values to fall, allowing high unemployment levels, allowing to much disparity in wealth and not preventing the war in the south. Seems reasonable, right?

When will the Thai courts understand, you can never prove a negative (basic law). You have to prove an action was criminal…you can never have enough definitive proof for a non action and how it relates to a crime.

Negligence is provable.

A Negligent action is provable and must accompany intention for the damages. A negligent non-action case usually involves physical injury or loss of human life and requires high levels of proof.

Edited by dukebowling
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... ...
Corruption is rife through all state and private organizations, so you either have to punish them all, or you will be accused of cherry picking persons which is whats happening now.

Interesting suggestion, but I fear that charging a few million people wouldn't be real practical.

Of course its not practical, so you are basically admitting its selective enforcement?

'admit'? Why would I need to admit? Also if you agree it's impractical why do you suggest it?

Anyway, one needs to start somewhere and to start with the top which planned and directed makes sense. In parallel a campaign should be started to make people understand corruption is unacceptable, costing the country, holding her back.

It's like in other countries where the government uses strict law enforcement combined with media clips to 'guide' a society. Having been indoctrinated in the Netherlands I would still feel guilty and asocial when driving through Bangkok with a speed above 50km/h.

Because you are either serious about combating corruption or you are not, selective enforcement of political foes is not combating corruption, its selective enforcement based on political lines. And people are shocked that no one outside of Thailand believes the 2 year jail term on TS is anything but political.

Is he corrupt, of course he was, is he the first, middle or last of the corrupt, of course he is not, but yet he is the only one charged, along with his sister of course.....

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Interesting suggestion, but I fear that charging a few million people wouldn't be real practical.

Of course its not practical, so you are basically admitting its selective enforcement?

'admit'? Why would I need to admit? Also if you agree it's impractical why do you suggest it?

Anyway, one needs to start somewhere and to start with the top which planned and directed makes sense. In parallel a campaign should be started to make people understand corruption is unacceptable, costing the country, holding her back.

It's like in other countries where the government uses strict law enforcement combined with media clips to 'guide' a society. Having been indoctrinated in the Netherlands I would still feel guilty and asocial when driving through Bangkok with a speed above 50km/h.

Because you are either serious about combating corruption or you are not, selective enforcement of political foes is not combating corruption, its selective enforcement based on political lines. And people are shocked that no one outside of Thailand believes the 2 year jail term on TS is anything but political.

Is he corrupt, of course he was, is he the first, middle or last of the corrupt, of course he is not, but yet he is the only one charged, along with his sister of course.....

So, should I invest in paper manufacturers as surely your suggestion will increase demand spectacular.

If you think that going after the master brains is selective, you seem to try to distract only. As we both agree going after millions of people is impractical. So one goes after those who order and control. Furthermore as I wrote you start campaigns to 'influence' the population's thoughts about corruption.

As for your reference to Thaksin, don't know why you feel you need to mention him. He's not involved in the RPPS, allegedly, as Ms. Yingluck stated in parliament she and only she was in charge.

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The date of the first hearing is interesting.

If she is found guilty, cut a deal with her, Have her reveal her brothers location and she will not go to prison for 10 years. Once she gives the location, The Thai Army sends a helicopter with special forces to capture him and bring him back to Thailand to face charges. But it will have to be done in a way that she can not alert her brother that he is going to be taken. If the United States can do this getting Terrorist, why can Thailand do the same thing?

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'admit'? Why would I need to admit? Also if you agree it's impractical why do you suggest it?

Anyway, one needs to start somewhere and to start with the top which planned and directed makes sense. In parallel a campaign should be started to make people understand corruption is unacceptable, costing the country, holding her back.

It's like in other countries where the government uses strict law enforcement combined with media clips to 'guide' a society. Having been indoctrinated in the Netherlands I would still feel guilty and asocial when driving through Bangkok with a speed above 50km/h.

Because you are either serious about combating corruption or you are not, selective enforcement of political foes is not combating corruption, its selective enforcement based on political lines. And people are shocked that no one outside of Thailand believes the 2 year jail term on TS is anything but political.

Is he corrupt, of course he was, is he the first, middle or last of the corrupt, of course he is not, but yet he is the only one charged, along with his sister of course.....

So, should I invest in paper manufacturers as surely your suggestion will increase demand spectacular.

If you think that going after the master brains is selective, you seem to try to distract only. As we both agree going after millions of people is impractical. So one goes after those who order and control. Furthermore as I wrote you start campaigns to 'influence' the population's thoughts about corruption.

As for your reference to Thaksin, don't know why you feel you need to mention him. He's not involved in the RPPS, allegedly, as Ms. Yingluck stated in parliament she and only she was in charge.

Rubl, you know your post is completely irrelevant talking about paper manufacturer then have the brass neck to start talking about me bringing up TS.I am sure you don't (but you should) see the irony with me bringing up TS especially with you, given every single post you make.

Rubl can you honestly sit there and say that the charging for corruption and who they are going after is not selective? Please be honest.

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The date of the first hearing is interesting.

If she is found guilty, cut a deal with her, Have her reveal her brothers location and she will not go to prison for 10 years. Once she gives the location, The Thai Army sends a helicopter with special forces to capture him and bring him back to Thailand to face charges. But it will have to be done in a way that she can not alert her brother that he is going to be taken. If the United States can do this getting Terrorist, why can Thailand do the same thing?

This is not a soap opera (although it may seem like it at times).

Nobody cares where big brother is; he will not voluntarily return and no government will allow him to be 'arrested' in their country. When I saw him in Cambodia a couple of years ago hid phalanx of body guards was more impressive than that protecting the US President.

There is no doubt that YL is guilty and it will be interesting to see what kind of deal is offered.

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whistling.gif 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.

She will never say any of those things because none of them are true. The rice scheme was meant to subsidise the price of rice for the farmers, the government were expected to lose money on it that's what subsidies are about. Look at the British NHS, makes the rice scheme losses look like a drop in the ocean. I'm sure there was corruption involving some people, but this is Thailand what do you expect?

The PM couldn't be expected to monitor every stage of the scheme, it would be a physical impossibility, she had to rely on other people. If they let her down then charge them instead. As yet, I don't think anyone else has been charged with anything which suggests to me that it's part of the plan to remove the Shinawatras from politics and nothing more. If it hadn't been the rice scheme they'd have trumped up some other charge.

She'll be there in court to fight the charges, she won't run, she has too much class and dignity for that, unlike most of her opponents. Good luck madam.

yes that's what's interesting about this case. To demonstrate she was not negligent she is going to have start throwing people under the bus. Then the fun begins...,B-) Edited by longway
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The date of the first hearing is interesting.

If she is found guilty, cut a deal with her, Have her reveal her brothers location and she will not go to prison for 10 years. Once she gives the location, The Thai Army sends a helicopter with special forces to capture him and bring him back to Thailand to face charges. But it will have to be done in a way that she can not alert her brother that he is going to be taken. If the United States can do this getting Terrorist, why can Thailand do the same thing?

How about she, if found guilty, serves her sentence?

You have already suggested she bribe the judges, and now this?

Thailand knows where Thaksin is all always.

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The date of the first hearing is interesting.

If she is found guilty, cut a deal with her, Have her reveal her brothers location and she will not go to prison for 10 years. Once she gives the location, The Thai Army sends a helicopter with special forces to capture him and bring him back to Thailand to face charges. But it will have to be done in a way that she can not alert her brother that he is going to be taken. If the United States can do this getting Terrorist, why can Thailand do the same thing?

Because (1) it would be an invasion, an act of war, (2) they would most likely get their <deleted> kicked, (3) The Thai military doesn't have rhe capacity, (4) they're too busy sorting out deckchairs in Phuket and overpriced lottery tickets.

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........Just freeze her bank accounts, pull her Passport, and kick her ass in the klong......Its the sub-prime ministers

that did all the bad deeds, She is simply a victim who lost control, and the little munkskins took advantage of an opportunity to screw the farmers out of money. I'd hate to see such a pretty lady end up in jail/ prison. Not a very

nice place for a lady. Put her under house arrest. and bar from any Government job for the rest of her life.

Yingluck isn't the victim of the corruption. She was responsible to make sure that it didn't happen since she was the chair of the National Rice Policy Committee.

So the head of the police should be put in jail as the police are still corrupt and the head of the army should be charged because people in the military are still corrupt, and the head of etc.... should also be put in jail......

They should go after those that were and proven to have undertaken corrupt action which they are, it is simply impossible for the head of huge state departments to take responsibility for corruption below them.

If they have proof YS was corrupt charge her, no problem. If they have proof she was aware of certain people being corrupt charge her for whatever law this breaches.

Bare in mind however that as an example the police are still horribly corrupt, shall we throw Somyot in jail? Bare in mind the military are hugely corrupt, should we throw the head of the army in jail...Good luck...

Corruption is rife through all state and private organizations, so you either have to punish them all, or you will be accused of cherry picking persons which is whats happening now.

No, you have to punish the cases that can be proven.

Of course those that are proven but it would not take a sting of biblical proportions or huge levels of investigation to find corruption in any of these organizations, that is of course if they had the will to do it.....

Let's see how things progress. Top cops have already been taken down...

The case at hand now is one that has been on the international radar for a few years. It plays into both the need to address corruption as well as reform.

House cleaning always takes time

Rice subsidies cost the country 682B Baht loss in the last 10 years and 4 governments. All mired and accused of corruption. House cleaning just started and it's selective targeting for a political agenda.

My understanding was that the 682B baht loss was inclusive of the twelve rice pledging schemes since the year 2000. Which 4 governments were you "selective targeting " ?

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The date of the first hearing is interesting.

If she is found guilty, cut a deal with her, Have her reveal her brothers location and she will not go to prison for 10 years. Once she gives the location, The Thai Army sends a helicopter with special forces to capture him and bring him back to Thailand to face charges. But it will have to be done in a way that she can not alert her brother that he is going to be taken. If the United States can do this getting Terrorist, why can Thailand do the same thing?

How about she, if found guilty, serves her sentence?

You have already suggested she bribe the judges, and now this?

Thailand knows where Thaksin is all always.

The absolute last thing that that the Junta wants at this very sensitive time, is to have Thaksin on Thai soil, whether in custody or otherwise.

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EX-PM Yingluck pleads for fair trial

19-3-2558-14-18-51-wpcf_728x349.jpg

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

thaipbs_logo.jpg

-- Thai PBS 2015-03-19

The fact that she never attended a single meeting when she was the chairperson of the rice committee hasn't done her any favours.

If she is honest (she isn't) then she should admit it was a bribe to get her government into power so that Thaksin could go after his amnesty.

So it was supposed to help the farmers was it - well that back fired drastically, didn't it. All this crap about getting the money to the poor deserving farmers instead of the middleman is also a load of kibosh as that is exactly the people who it helped whilst the farmers were trying to find enough money to survive!! The only other people that prospered (other than the millers, big land owners, warehouse owners, rice merchants and Thaksin's acquaintances, to name a few) were the loan sharks who drove many of them to suicide.

Now Abhisit's mortgage scheme ironed out the price fluctuations and was a valuable subsidy that even the rice farmers begrudgingly admitted helped them when asked pre-election and didn't cost a fortune to run. It didn't make them rich but in hard times it helped them so that they still had an income when the price of rice was low.

She brought this upon herself and this so-called sympathy vote won't alter a jot justice being served. Thaksin won't even be able to visit her in prison to apologise to her for ruining her life!!!

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So the head of the police should be put in jail as the police are still corrupt and the head of the army should be charged because people in the military are still corrupt, and the head of etc.... should also be put in jail......

They should go after those that were and proven to have undertaken corrupt action which they are, it is simply impossible for the head of huge state departments to take responsibility for corruption below them.

If they have proof YS was corrupt charge her, no problem. If they have proof she was aware of certain people being corrupt charge her for whatever law this breaches.

Bare in mind however that as an example the police are still horribly corrupt, shall we throw Somyot in jail? Bare in mind the military are hugely corrupt, should we throw the head of the army in jail...Good luck...

Corruption is rife through all state and private organizations, so you either have to punish them all, or you will be accused of cherry picking persons which is whats happening now.

"If they have proof she was aware of certain people being corrupt charge her for whatever law this breaches."

That's what she is being charged with, dereliction of duty for not stopping corruption under a program she was supposed to be in charge of. Her Commerce Minister has already been indicted over corruption allegations over fake G2G deals, the irregularities of those deals were brought to attention in parliament long ago so she knew about the situation, yet her government did diddly squat about it.

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I was never a fan of Yingluck but I always thought she was just a Thaskin puppet anyways. She is not smart enough to have come up with this scheme herself. I think she was just going along with Thaskins former advisors and assuming they knew what they were doing. They probably did know what they were doing but not in the way she though.

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Some one tell me if I am wrong or not.

I do not recall her party or herself going after any specific politicians with a vengeance while she was in power.

I guess this means that when they have the next election and the Red shirt party or another party, other than the yellow shirts, come into power then the elected party can also legitimize their political position while spending a great deal of their time exposing the opposition and or the military personal for any number of corrupt practices and cases of gross malfeasance or hold them accountable for any of their programs that are deemed to be "failures"

Can the same judicial personal and the judges, who are presently heading theses corruption trails and supposed to be unbiased, be used to prosecute the Yellow shirt party members or any of the military personal if charges are drummed up and brought against them by any opposition members who are in power?????

Can they also practice political retribution with a vengeance while trying to subdue their opponents and critics and silence them also in this manner.

I wonder, I wonder

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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.

As is your normal response when cornered, you write a chapter which actually says nothing.

I repeat:

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).

Further, today is today, the last election results (with lots of question marks attached) is now ancient history and a lot of folks are now (today) seeing and understanding a different and much more realistic picture.

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I think its farcical that people are saying she is innocent of anything and everything. A policy which her government promoted, she personally chaired and which monetarily was a complete disaster with many many allegations (some proven and some in the legal process currently) of corruption. It is only right and just that she gets pulled for negligence.
The endless stream of lies and broken promises, the mismanagement on an almost laughable scale and the 500 billion bahjt black hole which can't be accounted for, as well as the piles of missing rice would be enough to put a person with a less influential person away for many years. So quite why she should avoid any scrutiny at all just because she is Thaksin's sister is outrageous. She should be under house arrest if she misses even 1 court date, the military have more guns than Thaksin's private army so they should grow a pair and ensure she has to stick around and face the music this time (unlike mr T).

Throw the whole damn library at her. No mercy. no sympathy

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Do you think she has a clue about all this?

Or is it all about what she did for her big bro, without question.

Which brings the question: 'How is big smart ass brother feeling today?

Without a second thought and without conscience he dropped little sister into a heap of p.., and what's he going to do now to save her?

Response one: 'too late'

Response two: 'hope your proud of yourself'

Seems to remind of the fact big brother had a list of failed businesses then got handed a monopoly plum on a gold plate which generated a fortune.

Then he goes back to his own thinking, and back to failure.

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

100% she will do a runner but not until after a judgment of guilty. Then she will be fleeing 'political persecution'. If she leaves before the court's decision, it may be construed as an admission of guilt. If she somehow wins her case, she can enjoy her life in Thailand and maybe later return to politics to represent Thaksin again.

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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).

Middlemen were across the political spectrum. If you believe otherwise you need to do a little more research. Also do a search for palm oils scams in Thailand while you are at it just to balance the books a tad.

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EX-PM Yingluck pleads for fair trial

19-3-2558-14-18-51-wpcf_728x349.jpg

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

thaipbs_logo.jpg

-- Thai PBS 2015-03-19

she felt the rule of law had been missing in her case

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

the trial must be fair, transparent and devoid of prejudice.

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

She's sowing the seeds of doubt as to the fairness of the legal system. Does anyone believe she won't have access to the best lawyers, be given every leeway, and every opportunity to present her side of the story? This is such a high profile case that the courts are going to go out of their way to prove they are being fair to the former PM. She, on the other hand will continue to portray herself as a martyr who is being persecuted because of the government's hatred for her brother. Thaksin is a political weasel and she is, dutifully, playing along with his strategy. She has no guilt, no morals, and no responsibility except to self and family. Disgusting.

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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.

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

Well off the mark...

They want to prove to people just how corrupt the Shinawatra clan is.

Unfortunately Basil, pointing the finger at one usually has three coming back at you?

Rice schemes have been with the Thai Government for many years. The General wants to invest in a rubber scheme for farmers; rubber prices are down and Thailand has a solid stock pile of rubber?

The Yingluck rice scheme was badly run. The managers of these schemes along with Government officials also need to be co-joined/prosecuted with Miss Y. But I haven't heard much of this action.

What the Shins did was cut the elites out of the tea monies, and they were very big tea monies.

I read an article yesterday about President Putin, the Russian boss. Now Bill Gates is worth about $75 billion, well the claim was Putin was worth $200 billion all got or most of it during his time in office. This being the case, Putin is the richest person in the world.

You might want to have that altruistic feeling that the next political party elected will do something for all the people of Thailand, but one thing you should not do is hold your breath. That's like believing that the current regime is really going to fix corruption issues in Thailand?

This is about clawing back the cash cow to the people that believe they have that right to control. It’s about eliminating the parties that won't play fair.

So the judicial system is fair? Or is this run via a military court due to martial law? Under martial law one will see only what the court permits. It won't be an open court with the right to report on proceedings.

I just think Thailand, has a long way to go before a fair approach is offered to all.

One finger pointing, three coming right back at ya.

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