Yingluck’s lawyer complains civil case was rushed against her

[JAG]

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

Judging by the reaction of their cheerleaders here, not very much!

[sawadee1947]

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.

God sake, you are not a judge

[rubl]

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!

Also not many 'self-financing' scheme which lose 500 billion Baht or more around. A 'self-financing' scheme defended by Ms. Yingluck, her MoF, her big brother and still having lost 500 billion Baht. Ms. Yingluck and her (brothers) government even included her own first two years in office in the blanket amnesty bill. How's that for a responsible government which was really taking care of corruption and accountability?

[rubl]

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?

and sometimes a 'self-financing' scheme loses 500 billion Baht and the initiators and defenders of the scam tried to push through their own amnesty in the blanket amnesty bill covering Ms. Yingluck's first two years in office.

Now that's fact, not propaganda.

[rubl]

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?

You're right. The other side is outclassed as far as 'malfeasance and negligence' is concerned. Especially Ms. Yingluck with her hand-picked team can teach them a trick or two.

[ramrod711]

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.

Why would an innocent person want a court case to drag on and on? Get it into court, the sooner the better. She is innocent isn't she?

[Compo]

1: There are no convictions for and not even any accusations of corruption against her.

2: The interesting precedent being set is that past and future subsidies should ( if this is an impartial action ) come under equal scrutiny, including, err, those by the current government.

Rail, rice and soft loans for industrial development in Myanmar anybody ?

3: The accusations and charges are being made by those who forcibly removed her from her elected position.

Their impartiality is, of course, beyond question.

It's nice to see the usual witches of TV in full flood and baying for blood.

[daftdada]

Greed knows no end, jail time is the only solution.

[Compo]

Greed knows no end, jail time is the only solution.

20131128125144891734_20.jpg

Yes.

Very nice placards etc, but what about court hearings in front of impartial judges ( sans self interest ) and eventual convictions, by you know, fair trial etc....

Ain't going happen is it ??

That makes it a witch hunt and of course guarantees to bring further peace, stability and reconciliation to the country.

The stated aim.....

[rubl]

1: There are no convictions for and not even any accusations of corruption against her.

2: The interesting precedent being set is that past and future subsidies should ( if this is an impartial action ) come under equal scrutiny, including, err, those by the current government.

Rail, rice and soft loans for industrial development in Myanmar anybody ?

3: The accusations and charges are being made by those who forcibly removed her from her elected position.

Their impartiality is, of course, beyond question.

It's nice to see the usual witches of TV in full flood and baying for blood.

ad. 1. Correct. Ms. Yingluck is only accused of negligence, of having failed to stop her 'self-financing' RPPS lose 500 billion Baht.

ad.2. wrong. The RPPS was not a subsidy with a reservation in the National Budget. It was positioned as 'self-financing' scheme and therefore should only need a revolving fund of initially 460 billion Baht or so to make initial payments to restore from sales. Note had Ms. Yingluck chosen for a 100 billion Baht subsidy in the National Budget the opposition would have cried out of course (that's what oppositions do), but such subsidy could more easily be defended.

ad.3. The accusation and charges are by the OAG. Of course it would be nice if Ms. Yingluck came forward with a 'mea culpa', but that seems unlikely.

Now what is nice is the loyalty of some defenders of Ms. Yingluck. Mind you, Ms. Yingluck seemed to rely much more on her blanket amnesty. She didn't even bother with a proper administration of her 'pet' scam.

Edited September 29, 2015 by rubl

[rubl]

Greed knows no end, jail time is the only solution.

20131128125144891734_20.jpg

Yes.

Very nice placards etc, but what about court hearings in front of impartial judges ( sans self interest ) and eventual convictions, by you know, fair trial etc....

Ain't going happen is it ??

That makes it a witch hunt and of course guarantees to bring further peace, stability and reconciliation to the country.

The stated aim.....

The stated aim is justice, to hold someone who talked about responsible and accountable government, actually responsible and accountable. Terribly sorry if that offends your sense of fairness.

[webfact]

RICE-PLEDGING SCHEME
Cornered Yingluck fights back
THE NATION



Former PM sues attorney general, three others for abuse of authority

BANGKOK: -- FORMER PRIME minister Yingluck Shinawatra yesterday filed a lawsuit against Attorney-General Trakul Winitnaiyapak and three other prosecutors for alleged abuse of authority and mishandling the case against her over the rice-pledging scheme, her government's flagship policy that is estimated to have cost the state up to Bt600 billion in damages.

The court will decide in seven days whether to accept the suit.

Yingluck turned up at the Criminal Court yesterday with former PM Somchai Wongsawat and filed the suit accusing Trakul, Chutichai Sakhakorn, Surasak Threerattrakul and Kittinan Thatpramuk of violating Sections 83, 157 and 200 of the Criminal Code.

In her personal Facebook page, Yingluck wrote that the Attorney-General and three others had failed to probe loopholes in the case, and had framed up charges that were not mentioned in the National Anti-Corruption Commission (NACC)'s writ against her while unfairly bringing an additional 60,000 pages of documents in the case.

The suit filed by Yingluck also said the attorney-general had earlier pointed out four shortcomings in the writ on the rice-pledging scheme but did not order an investigation to fix the loopholes and decided to indict her just one hour before the National Legislative Assembly (NLA) voted to impeach her.

Yingluck said the suit filed by the attorney-general stated that she had acknowledged and permitted others to commit corruption, even though the NACC's original writ did not accuse her of corruption and consent to corruption. During the trial, the attorney-general also introduced 60,000 pages of documents that were not discussed during the joint-panel of prosecutors and the NACC regarding the suit. Yingluck said she must defend herself against the prosecutors' alleged abuse of power, which she said were unjustified and in violation of the rule of law.

Deputy Prime Minister Wissanu Krea-ngam said he did not believe that even if the Criminal Court agrees to hear her case, the decision would have repercussions on the rice-pledging scheme trial against Yingluck at the Supreme Court's Criminal Division for Political Office Holder.

Wissanu said Yingluck had filed a criminal suit on a personal basis against Trakul who will retire today. He will be replaced by Pongniwat Yuthapanboripan as the new attorney-general. The two cases are not related.

Asked to respond to the court's decision to reject a suit filed by former commerce minister Boonsong Teriyapirom and former Foreign Trade Department director-general Manat Soiploy against the attorney-general over the government-to-government rice deal, Yingluck said she hoped the court would accept her case but she could not keep high hopes.

Yingluck's lawyer, Sommai Koosap, said the former PM would exercise her rights in all legal avenues if she believes she did not receive justice. Sommai said Yingluck is filing the suit without expecting it would benefit her in another trial.

Meanwhile, Wissanu said the government has one and a half years left to make Yingluck pay compensation for damages over the rice-pledging scheme before the two-year statute of limitations expires.

He said the Commerce and Finance ministries' fact-finding panels looking into civil offences in the rice-pledging scheme must complete their probe within this month. The two panels on Monday informed him that they had the findings ready and would submit them to him today.

Wissanu said he would submit the findings to the PM who would forward it to the committee to consider civil offences headed by Comptroller-General Department chief Manas Jamveha.

If Manas's committee gives the nod on civil offences, the PM would issue an administrative order to a "particular group of people" to pay compensation within a certain period. If they refuse to pay, they have the right to file a petition with the Administrative Court to revoke the order. In that case, the government would be a defendant and the people in question would be plaintiffs.

Wissanu said the two panels' findings may cite the figure of how much the compensation amount would be but he could not reveal it because Manas's committee would have to decide who would have to pay the compensation and how much.

Wissanu said Manas had told him he would issue an order that the compensation be paid by the end of this year if his committee receives the case for consideration by early October.

Source: http://www.nationmultimedia.com/politics/Cornered-Yingluck-fights-back-30269836.html


-- The Nation 2015-09-30

[hawker9000]

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!

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

Say now, I think you might've just hit on something there ... This could go down in world history right along with the invention of mathematics, paper, gunpowder, the transistor ... It would be Thailand's contribution to the progress of man!

[MaxLee]

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

Yeah, plenty of time for a trial that may never ever lever dever gonna happen, due to many many danny years of delaying tactics

[beowolf2012]

what about scapegoat?

[TPI]

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?

Dear Mr LannaGuy, The "real" reason is obvious to all! She was put in place to be a mouthpiece for her brother. Everthing she did or said was cleared with brother first, every action or inaction was by direction, again by said brother!

Because of his obvious push to become another Harry Lee he burred up the existing elite to such an extent, made them so angry, that what they want to do now is to break the family, financially and spititually!

Does that make it clearer??

[Jonathon]

Will the plague of Shinawatras ever end?

[alant]

why do so many Farangs with no right to vote here have a problem with the Shinawatra political dynasty?

[oneday]

Go get 'em YL. I'm rooting for you.

[whatproblem]

why do so many Farangs with no right to vote here have a problem with the Shinawatra political dynasty?

Maybe they have Thai family and not like how the people were cheated

Edited September 30, 2015 by whatproblem

[sawadee1947]

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

Yeah, plenty of time for a trial that may never ever lever dever gonna happen, due to many many danny years of delaying tactics

if there is no evidence that she took advantage/money out of that rice business.....where is the problem anyway...?

[maidee]

ah, the not my fault attack / defence strategy

[phutoie2]

why do so many Farangs with no right to vote here have a problem with the Shinawatra political dynasty?

Maybe they have Thai family and not like how the people were cheated

Care to share how any of your (if any at all) Thai family were cheated?. Ya ba dealing ?

[Srikcir]

"the suit filed by the attorney-general stated that she had acknowledged and permitted others to commit corruption"

I assume the AGO has proof of her acknowledgement and permission as a precaution of her later claiming to the contrary. If true, then her complaint should be dismissed.

Obviously, if the AGO does not have proof of her acknowledgement and permission, its case against her is a sham and must be dismissed or reversed. Even with regard to a mute tacit permission to others to commit corruption, proof would be more of a hearsay nature not typically admissable in a criminal charge.

[rixalex]

why do so many Farangs with no right to vote here have a problem with the Shinawatra political dynasty?

I, as i imagine a lot of us here, was a young boy at the time of the Marcos political dynasty.

Thousands of miles from the Philippines, and with no experience really of travel, no experience of Asia, and having never even met a Filipino person, i would sit and read about how this Marcos family were sucking their own country dry, and it made me feel sad and disgusted. I wished for the tyranny to come to an end there, even though it made not a jot of difference to my own personal life, and when it finally did i felt genuine relief and happiness.

The point i am making is not that the Marcos and the Shinawatra political dynasties are the same, but that it is quite possible to form an opinion on something that may have little or even zero affect on you. What is your problem with that?

[noni99]

why do so many Farangs with no right to vote here have a problem with the Shinawatra political dynasty?

Do I need to have a right to vote in order to have a problem with a politician?

I am neither an Italian nor a Thai, but I dislike persons like Berlusconi as much as Mr. T. (his sister is not as bad, as she has no clue what is going on anyway).

Why do you have a problem with Farangs who have a problem with a totally inacceptable person like Thaksin.

[rubl]

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

Yeah, plenty of time for a trial that may never ever lever dever gonna happen, due to many many danny years of delaying tactics

if there is no evidence that she took advantage/money out of that rice business.....where is the problem anyway...?

The problem is a scheme positioned and defended as 'self-financing' having lost 500 billion Baht. Ms. Yingluck is charged with 'negligence'. Some take responsibility and accountability a bit more serious than Ms. Yingluck who only talked about it when PM.

[rubl]

"the suit filed by the attorney-general stated that she had acknowledged and permitted others to commit corruption"

I assume the AGO has proof of her acknowledgement and permission as a precaution of her later claiming to the contrary. If true, then her complaint should be dismissed.

Obviously, if the AGO does not have proof of her acknowledgement and permission, its case against her is a sham and must be dismissed or reversed. Even with regard to a mute tacit permission to others to commit corruption, proof would be more of a hearsay nature not typically admissable in a criminal charge.

That's the English translation of what Ms. Yingluck's legal advisor said the OAG had stated. The charge is negligence, failure to ensure proper functioning and administration of a 'self-financing' scheme causing it to lose 500 billion or more Baht through corrupt activities and so of others. Of course 'negligence' and 'inactivity' can be seen as implicitly 'permitting' criminal activities by others, like by her handpicked, knowledgeble, capable and full of potential Minister of Commerce.

[than]

"FORMER PRIME minister Yingluck Shinawatra yesterday filed a lawsuit against Attorney-General Trakul Winitnaiyapak and three other prosecutors"

Mrs Yingluck just forget that the time her clan could scare Judges has gone.

The time of red justice where criminal escaped justice has gone.

[ginjag]

why do so many Farangs with no right to vote here have a problem with the Shinawatra political dynasty?

Because you--with no right to vote have a problem with freedom of speech on TVF about a sad regime that keeps getting voted in and fails miserably every time it governs badly, so naturally with living here and many paying business tax VAT etc, have a view-------TVF is for this. hasn't it hit home yet.