Yingluck’s lawyer complains civil case was rushed against her

[Jonathan Fairfield]

Yingluck’s lawyer complains civil case was rushed against her

BANGKOK:-- Former prime minister Yingluck Shinawatra’s lawyer has complained against what he alleged as the hush-hush manner in which the government’s fact-finding committee has tried to wrap up the civil litigation against her for the alleged mishandling of the rice pledging scheme.

Mr Norawich Laleng said there was no need to rush the case because he, personally, thought that the two-year statute of limitations of the case has not started yet as insisted by the fact-finding committee.

The committee was set up by the National Council for Peace and Order to explore legal channel to seek compensation from Ms Yingluck and others responsible for managing the rice pledging scheme causing damage estimated at about 500 billion baht.

Norawich cited Section 10 (paragraph two) of the law pertaining to civil liabilities of wrongful acts of government officials which states that the two-year statute of limitations starts when the state agency knew about the wrongful act and the officials concerned.

In this case, the lawyer claimed that the fact-finding committee has not fingered the officials held liable for the wrongful act and, therefore, the statute of limitations of the case has not started yet.

He said Ms Yingluck had given a written statement about case on September 2 in which she referred to several eyewitnesses. However, he complained that the probe panel refused to question the eyewitnesses.

The lawyer insisted that the probe panel should give Ms Yingluck a chance to bring forward her witnesses to testify in her defence.

Source: http://englishnews.thaipbs.or.th/ms-yinglucks-lawyer-complains-civil-case-was-rushed-against-her

-- Thai PBS 2015-09-29

[MaxLee]

Mr Norawich Laleng said there was no need to rush the case because he, personally, thought that the two-year statute of limitations of the case has not started yet as insisted by the fact-finding committee.

No need to worry, Mr. Norawich, everything regarding high profile cases involving high profile influential politicians will be taken "Cha-yen-yen" for many many years, that people will eventually forget ab out it....

[Ricardo]

But isn't he keen for the case to come to court, so he can prove her innocence, why is the S-clan default always to defer and delay, they're as bad as Tony Bliar and the much-delayed Chilcot-Report.

Or was he counting on the case dragging-on, and timing-out ?

[GeckosDiving]

Well the Red/Mr.t supporters should be along anytime now calling foul........

[Pib]

The lawyer insisted that the probe panel should give Ms Yingluck a chance to bring forward her witnesses to testify in her defence.

Yes...the several hundred thousand (or maybe millions) rice farmers should be allowed to testify individually in her support. That should stretch the trial out for a couple decades at least...just a little longer than the typical HiSo/high profile case in the Thai justice system.

[jgriff]

Mr Norawich YS was the chairperson of the committee for the scam. The buck stops with her. It's her problem for not showing up for any of the meetings and not acting on the advise and warnings from many organizations outside of Thailand. She is also to supervise her ministers that were to make sure eveything was above board.

Sorry things might be moving to fast for you.

[seajae]

maybe he is piss*d that he didnt have time to deliver a cake/donut box full of goodies to those that set up the charges and had them dropped. Now he will probably have to use a bigger box to get anywhere.........

[Cuchulainn]

Make sure the sand is removed from the donut boxes first!!

[webfact]

Yingluck sues attorney-general for malfeasance over hastily indicting her of corruption in rice scheme



BANGKOK: -- Former prime minister Yingluck Shinawatra today filed malfeasance and negligence of duty charges against the attorney-general and his three colleagues for what she claimed is unfair and unjustified inclusion of 60,000 pages of documents which she was never informed of and had chance to defend herself in the case in the Supreme Court which she was accused of malfeasance and corruption in the rice pledging scheme.

She also threatened to bring a certain group of people to the court for its attempt to push for a civil case against her in to seek compensation amounted to several hundred billion baht for damages caused by her rice pledging scheme.

Ms Yingluck arrived at the Criminal Court this morning with her brother-in-law and former prime minister Somchai Wongsawat and lawyer Sommai Koosap.

In the lengthy criminal suit describing various reasons to support, and also to defend her rice scheme of being beneficial to all farmers, she named the attorney-general Mr Trakul Vinichaipak and three other state prosecutors as defendants.

She claimed they have offended Articles 83, 157 and 200 of the Criminal Code for indicting her in the Supreme Court’s Criminal Division for Holders of Political Offices without proper examination and testimonies by witnesses for the inclusion of the 60,000-page documents of the National Anti-Corruption Commission to additionally charge her for corruption.

Such illegal and illegitimate practice by the attorney-general and the three prosecutors was tantamount to persecute her as it was hastily handled and filed to the court, indicating it has hidden agenda.

This was unfair and illegitimate treatment by the officials to a person who was a former prime minister of the country, she said.

She then asked sarcastically of how the poor people will get assurance of their right for justice would be protected by the state officials when she herself in top position could not get it.

The Criminal Court accepted her suit and ordered that she return in some seven days to hear its decision whether to accept or drop her case against the four defendants.

Source: http://englishnews.thaipbs.or.th/yingluck-sues-attorney-general-for-malfeasance-over-hastily-indicting-her-of-corruption-in-rice-scheme


-- Thai PBS 2015-09-29

[zaphod reborn]

The Thai legal system is completely archaic. The proliferation of lawsuits for the hi-so and the elites amazes me. If there is a legal dispute, in response, the defendant files 4 criminal defamation suits and various criminal and civil fraud cases. Criminal cases, such as fraud and defamation, must be investigated by the police, a complete waste of resources, and obviously a way of supplementing income for the RTP. The solution is to require all claims be brought within a single case (so the defendant needs to counterclaim against the plaintiff, not fire off numerous related lawsuits), and claims for abuse of process (prosecutorial misconduct) cannot be raised until the underlying lawsuit reaches a final judgment.

In Yingluck's case, she has not been convicted. The trial is in its first phase of evidence submission and witness testimony. She has a grievance over a decision of the Criminal Division of the Supreme Court because the Court allowed late submission of documentary evidence. In a modern judicial system, you can't take action against that unless the Court authorizes an appeal on that specific issue (it's already up to the highest court, so appeal doesn't exist) or you have to wait until the court's judgment becomes final. Firing off collateral attacks is just plain ludicrous while the proceeding is pending.

[webfact]

Thailand's ousted PM files criminal case against opponents
NATTASUDA ANUSONDISAI, Associated Press

BANGKOK (AP) — Thailand's ousted prime minister Yingluck Shinawatra, who was pushed from office more than a year ago, impeached and faces criminal charges, hit back at her opponents Tuesday with her own lawsuit.

Yingluck filed a case at Bangkok's Criminal Court to counter-sue the country's attorney-general over the handling of her prosecution in connection with a subsidy scheme for rice farmers, which ran up huge losses.

The lawsuit is another twist in a long-standing political battle dividing Thailand. On one side is the country's traditional ruling elite who are backed by the military that staged Thailand's 2014 coup, and on the other is a group of politicians who challenged the status quo, led by Yingluck's brother, Thaksin Shinawatra, a telecommunications billionaire-turned-populist politician who held office from 2001 to 2006.

Yingluck was Thailand's prime minister from 2011 until a controversial court decision forced her from office in May 2014, just a few days before the military staged a coup to overthrow her government. She was impeached earlier this year in connection with the money-losing rice subsidy scheme and barred her from office for five years. The attorney-general then pressed criminal charges against her over the same matter.

In her court filing Tuesday, Yingluck said the attorney-general and others were guilty of negligence of duty and a concerted effort to damage her, citing three alleged legal violations punishable by a range of 6 months to 10 years in prison. The court will decide whether to let the case proceed or throw it out.

"I've come here to exercise my rights in accordance with the legal process," Yingluck told reporters. "I submitted the lawsuit against the attorney-general and team members."

The rice subsidy scheme was a key feature of Yingluck's 2011 election campaign and helped win her huge support in rural areas. It bought rice from farmers at well above market price but the program racked up losses of at least $4.46 billion.

Yingluck's opponents said the scheme was riddled with corruption and she did nothing to stop it. She denies any wrongdoing.

Yingluck was accompanied by her brother-in-law, Somchai Wongsawat, himself a former prime minister who was also ousted by the courts, in a 2008 decision.

Both Yingluck and Somchai are political allies and relatives of Thaksin, who was ousted by a 2006 military coup. Yingluck is Thaksin's sister and Somchai is married to another of Thaksin's sisters.

Thaksin fled into exile in 2008 to avoid a prison sentence on a corruption-related charge he says was engineered by his political foes, jealous of his popularity.

The courts and the military, two pillars of the conservative Thai establishment, have consistently acted to put pressure on Thaksin's political machine, which has delivered convincing victories in all national elections since 2001. He remains highly popular in rural areas.

The anti-Thaksin efforts have eased recently as the army consolidates its rule over the country, seeking to achieve a measure of reconciliation while putting in safeguards against a comeback by Thaksin and his allies. The junta says a new election won't take place in Thailand until 2017.


-- (c) Associated Press 2015-09-29

[seajae]

she is a total joke, thinks because she come from a hi-so family that has wealth she does not have to accept the blame when she was the one in charge of the scheme. She never attended the meetings,m was told countless times it was corrupt but refused to take any action about any of it and now that she is finally being called to face the music starts crying foul. Amazing how the thai elite think they are all above the law, cant wait to see her sorry ar*e thrown into jail and huge fines issued, couldnt happen to a nicer family.

[eggers]

Gues as old adage goes "Best defence is attack" , so Bro would have given go ahead & rally the Reds to be in readiness!! the soapie writers couldn't have devised a better script..

[gp2002]

"60,000 pages of documents"????

Are there two words per page?

[stoffel45]

she is a total joke, thinks because she come from a hi-so family that has wealth she does not have to accept the blame when she was the one in charge of the scheme. She never attended the meetings,m was told countless times it was corrupt but refused to take any action about any of it and now that she is finally being called to face the music starts crying foul. Amazing how the thai elite think they are all above the law, cant wait to see her sorry ar*e thrown into jail and huge fines issued, couldnt happen to a nicer family.

Seajay, I agree......BUT.....

If she is guilty (did I say If?) then she's going to get a bill for a few hundreds of billions of baht and Big Brother won't like that.

[oneday]

You go YL. That's the way to fight back.

[smedly]

The whole truth and nothing but the truth................................PTP Shins Reds a very truthful honest clan indeed, they can all be trusted to their last breath.......right ?

[webfact]

Dr Wissanu says there is plenty of time to ponder civil case against Ms Yingluck



BANGKOK: -- Deputy Prime Minister Wissanu Krea-ngam has brushed aside former prime minister Yingluck Shinawatra’s criminal lawsuit brought against the attorney-general saying that the case will not affect on the impending trial against her in the Supreme Court’s criminal division for political office holders.

He admitted that this was the first case of its kind when a political office holder sued the attorney-general for alleged abuse of authority after the politician was tried by the Supreme Court.

However, he said that Ms Yingluck filed the charge against the attorney-general in her capacity as a private sector while the case against her was instituted by Mr Trakul Vinitchaipark, the outgoing attorney-general, in her capacity as the prime minister overseeing the rice pledging scheme.

The Finance Ministry’s panel assessing the damage caused to the state by the rice pledging scheme is expected to wrap up its finding on Wednesday, said Dr Wissanu, adding that he would, later on, submit the findings as well as another findings from the Commerce Ministry against the former commerce minister and other officials to the prime minister for consideration.

He insisted that the government had never talked about the need to rush up the civil litigation against Ms Yingluck because the statute of limitations of the case would expire shortly.

He maintained that it would be one and a half years before the expiration of the statute of limitations of the case and there is plenty of time to consider the case.

Source: http://englishnews.thaipbs.or.th/dr-wissanu-says-there-is-plenty-of-time-to-ponder-civil-case-against-ms-yingluck


-- Thai PBS 2015-09-29

[Baerboxer]

" She then asked sarcastically of how the poor people will get assurance of their right for justice would be protected by the state officials when she herself in top position could not get it"

She just doesn't get it. Her idea of justice is that she, her brother, family and cronies can do as they please, with absolutely no accountability and be above any law whatsoever.

Has no one told her she ain't in top position anymore - and in reality never was?

Just another Shin delay and increase the confusion tactic, as usual.

[animatic]

"...In this case, the lawyer claimed that the fact-finding committee has not fingered the officials held liable for the wrongful act and, therefore, the statute of limitations of the case has not started yet...."

If this is his legal argument, what does it stand on?

Why is he even talking about the case if it hasn't started? Why is there ANYTHING for him to do?

The standard police 'finger pointing perp-walk photo-op' is not the point a case starts.

That an investigative fact-finding committee has found facts and let the attorney general

know those facts and and tells him that more are coming and about whom,

would indicate a case has started the targets obvious by their jobs in relation to the case central point.

Lawyers clutching at straws to muddy the water and waste prosecutorial time.

And we can later expect the Statute Of limitations expired stall to arrive two aerates from

the earliest possible date of a case commencing, and it wouldn't be later than now...

Hang the Lawyers BEFORE the defendants,

that should slow down the process of nuisance suits considerably.

[nakhonandy]

Where in the world with the exception of here would a former PM be sued for liability?

All governments in the world make massive losses with some policies, they never get sued.

Did she gain from the scheme, I don't know.

Were there corrupt officials, certainly.

Surely if corruption is proved then they should be jailed.

Never heard of any politician having to pay back the loss of a government scheme!

[anon467367354]

how long are they supposed to wait?

What this looks like to me is she's worried so she's throwing a distraction.

[LannaGuy]

Well the Red/Mr.t supporters should be along anytime now calling foul........

sometimes a cigar is a cigar and a witch-hunt is a witch-hunt but you don't seem to care about justice and the REAL reasons behind all this. No nothing to do with RICE so why not research a bit more? think a bit more? and take in less of the propaganda from the Military JUNTA?

[klauskunkel]

In this case, the lawyer claimed that the fact-finding committee has not fingered the officials held liable for the wrongful act and, therefore, the statute of limitations of the case has not started yet.

Well, if Ms Yingluck hasn't been fingered yet that just means they are still at the dinner-and-a-movie-stage, fingering comes after.

Edited September 29, 2015 by klauskunkel

[Emster23]

If "malfeasance and negligent behavior" were applied in cases against all politicians, the halls of power all over Thailand would look like the rapture had taken them all to heaven.....

[Eric Loh]

If "malfeasance and negligent behavior" were applied in cases against all politicians, the halls of power all over Thailand would look like the rapture had taken them all to heaven.....

That's the problem when malfeasance and negligent behavior apply to only one side of the political divide. Similarly cronyism and nepotism are seen inappropriate only by one side. We see it much rapture on one side; can't you?

[ResandePohm]

The lawyer insisted that the probe panel should give Ms Yingluck a chance to bring forward her witnesses to testify in her defence.

Yes...the several hundred thousand (or maybe millions) rice farmers should be allowed to testify individually in her support. That should stretch the trial out for a couple decades at least...just a little longer than the typical HiSo/high profile case in the Thai justice system.

I don't think that most of the rice farmers will support her. Most made nothing from the scheme that was supposed to help them and others were left in so much debt that 19 actually committed suicide.

You grossly overestimate her popularity among the rice farmers.

[mrwebb8825]

"Yingluck was Thailand's prime minister from 2011 until a controversial court decision forced her from office in May 2014, just a few days before the military staged a coup to overthrow her government. She was impeached earlier this year in connection with the money-losing rice subsidy scheme and barred her from office for five years. The attorney-general then pressed criminal charges against her over the same matter.

In her court filing Tuesday, Yingluck said the attorney-general and others were guilty of negligence of duty and a concerted effort to damage her, citing three alleged legal violations punishable by a range of 6 months to 10 years in prison. The court will decide whether to let the case proceed or throw it out."

"Yingluck was accompanied by her brother-in-law, Somchai Wongsawat, himself a former prime minister who was also ousted by the courts, in a 2008 decision."

So she brought this guy as a charater refrence?

"Both Yingluck and Somchai are political allies and relatives of Thaksin, who was ousted by a 2006 military coup. Yingluck is Thaksin's sister and Somchai is married to another of Thaksin's sisters.

Thaksin fled into exile in 2008 to avoid a prison sentence on a corruption-related charge he says was engineered by his political foes, jealous of his popularity."

as if she needed a moral charater refrence as well.

" If "malfeasance and negligent behavior" were applied in cases against all politicians, the halls of power all over Thailand would look like the rapture had taken them all to heaven....." there might start to be a change in the world that says "We're freaking tired of this"

corrected it for you.

Prosicute her? They ought to fly her the largest mall in the world, drop her off and cancel all her credits cards just to watch her feel like the farmers who commited suicide over her thievery.

[Prbkk]

Good on Yingluck...give it right back at them, in spades, and see how much they like being on the receiving end.

[metisdead]

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