Illegal occupation: 'Airports of Thailand can ask court to order PAD to pay'

[webfact]

COURT
'AOT can ask court to order PAD to pay'
The Nation

Compensation hinges on final ruling

BANGKOK: -- AIRPORTS of Thailand (AOT) can ask the court to order the People's Alliance for Democracy (PAD) to pay damages for its illegal occupation of two Bangkok airports in 2008, according to Jesada Anucharee, a lawyer at the Lawyers Council of Thailand.

If the court verdict against the PAD becomes final, the company could officially ask a court to enforce the payment of compensation, he said.

According to the Appeals Court, PAD must pay Bt522 million to the company.

This can be done within 30 days, but if the defendants cannot pay the money within the time given, the company can file a complaint to court asking for legal execution officials to seize assets for sale on the market and get the money in return, Jesada said.

Legal execution officials can choose to enforce the law either on all the defendants or on some of them, depending on their ability to pay back all the compensation.

This can last up to 10 years until the debt is cleared, he said.

If the defendants refuse to pay on the grounds that they do not have enough money, the company can take them to Bankruptcy Court to declare that they are bankrupt so that assets protection can be pursued for the benefit of the damaged party, he added.

Payments would be prioritised, according to Jesada.

The defendants and the company can negotiate the payments but if they cannot agree, the defendants would be declared bankrupt and their assets sold.

"The period to clear bankruptcy is 10 years, and if people can clear themselves, they can make legal commitments again," he said.

The defendants' lawyers said they are requesting an extension of the deliberation at the Supreme Court and so the case is not yet finalised. They have managed to collect Bt7 million to pay court fees and they have not yet received any confirmation from the court.

After the yellow shirts took over Don Mueang and Suvarnabhumi airports in 2008, the Appeals Court ordered that all 13 accused must pay AOT over Bt500 million in compensation.

The accused PAD members were key yellow-shirt leaders: Chamlong Srimuang, Sondhi Limthongkul, Pibhop Dhongchai, Suriyasai Katasila, Somsak Kosaisuk, Chaiwat Sinsuwong, Somkiat Pongpaibul, Naranyu (Saranyu) Wongkrajang and Sirichai Mai-ngam.

The Appeal Court's verdict recently went viral, sparking concern among the defendants and their supporters.

Source: http://www.nationmultimedia.com/politics/AOT-can-ask-court-to-order-PAD-to-pay-30263317.html


-- The Nation 2015-06-29

[Mango Bob]

Great news to wake up to tis morning

[ChrisY1]

Water under the bridge now.....if AOT does seek payments (which I thought were already in their favour)......it will take years..if not decades in Thailand' ridiculous legal mess.

[Bluespunk]

"The Appeal Court's verdict recently went viral, sparking concern among the defendants and their supporters."

I bet it did.

[aussieinthailand]

Here's the thing,

Did the leaders of the PAD publicly call upon their supporters to take over the two airports in an act to hurt or force the hand of the government?

IF yes then pay,,, that is what's called consequences of actions.

Question, Is it not a crime to PUBLICLY call for the kidnapping of MP's and threatening their family's???

Or if you now masquerade as a monk then no case to answer? Just asking

[Nigeone]

I got caught up in this as it all happened when I was on my way to Bangkok..found out when landing in Dubai..cost me loads in lost hotel bookings extra flights to try and get to chiang Mai...was out maybe £600 and eventually managed to get on a flight into Malaysia then direct on a empty plane into Chiang Mai ..does this mean I will get my money back? Wishful thinking..I did get some back via insurance but the hotels booked etc I lost and some additional flight I had booked via Phuket I lost.

[Tatsujin]

Great news to wake up to tis morning

Yup, great news ... soon after to be followed by the Bangkok Governor suing Thaksin, Jautporn et al for their extended, violent and illegal occupation of downtown Bangkok. That'll cost him a pretty penny.

Actions "should" have consequences, but alas that so often doesn't happen here.

[bra]

Good news! The closure of the airports cost my company significantly as I waited in Taipei, then Hong Kong then Singapore before giving up and going to Australia. Adding insult to injury was seeing the grinning faces of the occupiers on TV happy in their work and oblivious to the damage they were doing to their country.

[aussieinthailand]

I got caught up in this as it all happened when I was on my way to Bangkok..found out when landing in Dubai..cost me loads in lost hotel bookings extra flights to try and get to chiang Mai...was out maybe £600 and eventually managed to get on a flight into Malaysia then direct on a empty plane into Chiang Mai ..does this mean I will get my money back? Wishful thinking..I did get some back via insurance but the hotels booked etc I lost and some additional flight I had booked via Phuket I lost.

Very simple mate, lodge a law suite against the person that called for the airport takeover.

[Nigeone]

I got caught up in this as it all happened when I was on my way to Bangkok..found out when landing in Dubai..cost me loads in lost hotel bookings extra flights to try and get to chiang Mai...was out maybe £600 and eventually managed to get on a flight into Malaysia then direct on a empty plane into Chiang Mai ..does this mean I will get my money back? Wishful thinking..I did get some back via insurance but the hotels booked etc I lost and some additional flight I had booked via Phuket I lost.

Very simple mate, lodge a law suite against the person that called for the airport takeover.

Yeah right..that's going to work not..I couldn't afford the 4 years of lawyers knowing I was going to get screwed anyway...and I also want to come out there again...sadly I won't be doing that..but you know that already don't you !

[tx22cb]

Good news! The closure of the airports cost my company significantly as I waited in Taipei, then Hong Kong then Singapore before giving up and going to eee Australia. Adding insult to injury was seeing the grinning faces of the occupiers on TV happy in their work and oblivious to the damage they were doing to their country.

1) It's amazing - some of the English-speaking occupiers have been interviewed saying that the stranded tourists "understood" (supposedly supported) their cause, that the occupiers treated the tourists very kindly by giving them water and smiles and wais, that everyone was happy. All very delusional.

2) AOT should take this to the limit - AOT will not get the money, but a precedence will have been set. Otherwise, if AOT gets soft and drops the charges, future groups (of whatever colour) will be tempted to do the same, knowing that AOT will let them off.

[seajae]

lets hope this goes ahead, nothing I would like better than these idiot "colours" paying for all the damage they cause to others. Once the yellows are done they can then go after all the reds for 2010, have to wonder how much that will cost them and thaksin seeing he was one of the top conspirators, would be a total crack up to see him declared bankrupt in Thailand and having the thaksin family businesses etc totally checked out but in the meantime we can all watch these yellow idiots squirm.

[ALLSEEINGEYE]

Great news!! Good to see some accountability. Now go after Taksin and the Red leaders for all the damages they caused too!!!

[Srikcir]

I hope this decision will be appealed to the Supreme Court.

Recall that the SC judges were all appointed by the previous coup leadership with the exception of one replacement approved by the current Junta in 2014 due to a retirement.

An appeal to the SC would be a serious test of its judicial "independence" and political neutrality.

Then there is Article 44 that allows the Junta to overturn or modify ANY court decision, including the Supreme Court.

[irwinfc]

sue them PAD for everything they have! they occupied the airports not fearing any punishment whatsoever. now, hit 'em where it hurts!

[Eric Loh]

sue them PAD for everything they have! they occupied the airports not fearing any punishment whatsoever. now, hit 'em where it hurts!

In normal circumstance, PAD can turn to their hordes of hi-so supporters to donate for a worthy cause. Bit more difficult now as Sutherp has milked the yellow supporters dry and the donation accountability still hovers in their mind.

[jackanapes]

I am in favour of making PAD pay for illegal occupation of the airport they probably thought they could get away with it being yellow shirts .

[robblok]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

[0036Tag]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

I agree. Then we should go for damages caused to Bangkok and the government buildings by Suthep and the Yellow Mob. That is the second time for the Yellow mob. Would be nice to see them pay for both their actions. Yellows should be completely bankrupt by then. This circus is never ending.

[techboy]

Water under the bridge now.....if AOT does seek payments (which I thought were already in their favour)......it will take years..if not decades in Thailand' ridiculous legal mess.

Umm. You may be correct. But not because you know what you are talking about. Just riding the tide of general knowledge that there are lots of problems. Cheap shot stuff.

[oneday]

When I see the checks being written or the assests being seized then I'll believe it.

[robblok]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

I agree. Then we should go for damages caused to Bangkok and the government buildings by Suthep and the Yellow Mob. That is the second time for the Yellow mob. Would be nice to see them pay for both their actions. Yellows should be completely bankrupt by then. This circus is never ending.

Sure, go after the anti government protesters too fair is fair. But do add terrorism charges to the reds as burning BKK down is an act of terror.

[cocopops]

Less than $20 million US? Pocket change.

This is surely not even the tiniest fraction of the cost of shutting down virtually all air traffic in and out of Thailand for however long it was (2 weeks?).

Edited June 29, 2015 by cocopops

[jesimps]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

I agree. Then we should go for damages caused to Bangkok and the government buildings by Suthep and the Yellow Mob. That is the second time for the Yellow mob. Would be nice to see them pay for both their actions. Yellows should be completely bankrupt by then. This circus is never ending.

Was just gonna say that but you beat me to it, so I'll just say "hear hear".

[krdowney]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

I agree. Then we should go for damages caused to Bangkok and the government buildings by Suthep and the Yellow Mob. That is the second time for the Yellow mob. Would be nice to see them pay for both their actions. Yellows should be completely bankrupt by then. This circus is never ending.

I agree too. But then can we go after the PDRC for what it did to Lumpini Park and all the revenue lost do to traffic jams. This is a political system based on Lord of the Flies. smh

[jesimps]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

I agree. Then we should go for damages caused to Bangkok and the government buildings by Suthep and the Yellow Mob. That is the second time for the Yellow mob. Would be nice to see them pay for both their actions. Yellows should be completely bankrupt by then. This circus is never ending.

Sure, go after the anti government protesters too fair is fair. But do add terrorism charges to the reds as burning BKK down is an act of terror.

But then you have to say that terrorism compared to the murder of ninety-odd innocents is quite trivial. What price would you put on the murders clever lad?

[krdowney]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

I agree. Then we should go for damages caused to Bangkok and the government buildings by Suthep and the Yellow Mob. That is the second time for the Yellow mob. Would be nice to see them pay for both their actions. Yellows should be completely bankrupt by then. This circus is never ending.

Sure, go after the anti government protesters too fair is fair. But do add terrorism charges to the reds as burning BKK down is an act of terror.

But then you have to say that terrorism compared to the murder of ninety-odd innocents is quite trivial. What price would you put on the murders clever lad?

Have you ever noticed that body counts here tend to hang around the mid-90s. Thammasat '73 and '76, mid 90's. Red shirts 2010. Funny how none of the official numbers get over 100, but I didn't really look up any of these numbers.

[NCFC]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

I agree. Then we should go for damages caused to Bangkok and the government buildings by Suthep and the Yellow Mob. That is the second time for the Yellow mob. Would be nice to see them pay for both their actions. Yellows should be completely bankrupt by then. This circus is never ending.

Sure, go after the anti government protesters too fair is fair. But do add terrorism charges to the reds as burning BKK down is an act of terror.

Under UN directives, seizing an international airport is an act of terrorism, so for fairness sake let's add terrorism charges to PAD and see them in jail as well as the financial damages penalty

[robblok]

Great, now go for the damage that was caused in BKK too by the red mob, fair is fair. Would be nice to see both sides pay and know that there are consequences for their actions.

I agree. Then we should go for damages caused to Bangkok and the government buildings by Suthep and the Yellow Mob. That is the second time for the Yellow mob. Would be nice to see them pay for both their actions. Yellows should be completely bankrupt by then. This circus is never ending.

Sure, go after the anti government protesters too fair is fair. But do add terrorism charges to the reds as burning BKK down is an act of terror.

But then you have to say that terrorism compared to the murder of ninety-odd innocents is quite trivial. What price would you put on the murders clever lad?

Among the 90 death were soldiers too.. so Id say it was wrong on both sides. We should not forget Abisith had negotiated a peace and they were all to leave.. elections were promised. Then all of a sudden the leaders (presumably big T) had a change of heart and released his blackshirts and the violence started.

Is the army innocent.. NO did they make mistakes YES. Was this one sided.. NO.. did this come to past because of blackshirts shooting at the army YES. So Id say both sides need to be punished here. Don't forget the previous government never went after the blackshirts as they did not exist, and said all military grade weapons that killed people where operated by the army while pictures prove the blackshirts had M16's and ak47's too. So its not so easy to say who killed who without doubt.

[FarangKyAy]

Some members seem to distort the facts to suit their opinion, don't they?

Last time I checked, all the reds accused for torching the mall in Bangkok have been eventually released, charges dropped, case closed. Is it still the case?

If there were some proof or something substantiated, I'm convinced the judges would have keep them in jail, at least to make a show ("see, reds are the bad guys, don't stick with theses terrorists").

Though, the hotheaded Jatuporn deserved criticism and a lawsuit for his comments on small bottles and gazoline etc

The Airport has been blocked by PAD members, on leaders' order ... plenty of video of PAD activist inside the airport and leader's public declaration to prove the case... and yes, per se, occupying an international airport is considered as terrorism in many country.

Edited July 1, 2015 by FarangKyAy