Ms Yingluck asks PM for fairness in the civil litigation against her over the rice scheme

[webfact]

Ms Yingluck asks PM for fairness in the civil litigation against her over the rice scheme



BANGKOK: -- Former prime minister Ms Yingluck Shinawatra pleads for fairness from Prime Minister Prayut Chan-ocha by allowing her to defend herself in the court of law over the government’s plan to seek compensation from her for the massive loss caused by the rice pledging scheme.

The prime minister’s legal advisory team has indicated that it will recommend the prime minister to issue an administrative order to pay compensation to the state to recoup the damage caused by the rice scheme instead of taking the case to the Civil Court to seek the compensation as should have been the case.

Ms Yingluck’s plea for fairness and the recognition of the rule of law are included in her open letter addressed to General Prayut. It will be submitted by her lawyer to the Damrongtham centre on Tuesday morning. However, the letter was posted in her Facebook page on Monday.

In the letter, Ms Yingluck said she had to write this letter to Prime Minister Prayut because she never had a chance to meet the latter after the coup on May 22 last year.

Then she complained of the alleged mistreatments against her. These include the announcement of the Office of the Attorney-General to file malfeasance charges against her to the Supreme Court’s criminal division for political office holders over the rice scheme which, surprisingly, came one hour before the National Legislative Assembly voted to impeach her and the fact that she was impeached by the NLA which occurred after she was already ousted from the office by the coup.

Ms Yingluck said she expected General Prayut to instruct the panel exploring civil lawsuit against her to be fair with her, not to rush the case and to her to present evidences to defend against the panel’s charges.

She pointed out that Prime Minister Prayut in his capacity as the chair of the Rice Policy Committee was a party in the conflict with her and not an impartial party and, therefore, any attempt to use the administrative order to demand compensation from her instead of an order of the court would tantamount to a violation of the rule of law.

Since the criminal litigation against her is still pending with the Supreme Court’s criminal division for political office holders, Ms Yingluck said the civil litigation against her over the rice scheme should not be rushed and quickly wrapped up. She complained that her attempts to present additional evidences had all been rejected.

Source: http://englishnews.thaipbs.or.th/ms-yingluck-asks-pm-for-fairness-in-the-civil-litigation-against-her-over-the-rice-scheme


-- Thai PBS 2015-10-12

[Thai at Heart]

Well, that sounds a little desperate doesn't it.

[speedtripler]

Crocodile tears come to mind...

[AGareth2]

since when are PM's financially liable for failed policy

let alone collective responsibility

[MadMac]

First a law suit, got rejected, then we ask for pardon?

[anon467848]

"Ms Yingluck said she expected General Prayut to instruct the panel exploring civil lawsuit against her to be fair with her, not to rush the case and to her to present evidences to defend against the panel’s charges."

Be nice, or I will get my big brother to sort you out..

[Pattaya28]

Ms Yingluck Shinawatra pleads for fairness

[than]

I'm not sure Yingluck give fairness to poor farmers when she and her former corrupt government spoiled them with her so call "rice scheme"

[tomwct]

since when are PM's financially liable for failed policy

let alone collective responsibility

When the PM probably knew the scheme was Corrupt, so now it's time to share in the losses! Fair is Fair! Her Brother should help her pay back allot of the losses since it was probably his "scheme"!

[EnglishJohn]

since when are PM's financially liable for failed policy

let alone collective responsibility

You think 500 billion being 'lost' when only 100 billion made it to the farmers is just a 'failed policy' ????.

I take you are saying that instead, she should be prosecuted for being party to (and responsible for) defrauding the taxpayer of 500 billion baht ?. I expect that would be a very stiff sentence.

Because there's no way someone should be suggesting they be allowed to get away with it.

[EnglishJohn]

since when are PM's financially liable for failed policy

let alone collective responsibility

When the PM probably knew the scheme was Corrupt, so now it's time to share in the losses! Fair is Fair! Her Brother should help her pay back allot of the losses since it was probably his "scheme"!

Yes - I remember the election campaign slogan : "Thaksin thinks, Yingluck doesn't" or something like that. That was the meaning anyway.

[seajae]

she never once sat in on any meetings yet she had nominated herself as the chairperson of it, every decision they made was meant to be approved by her yet she simply refused to give up her precious shopping time to attend them. When the corruption was raised she strenuously denied there was any involved so that it could continue on,she did the same with parliament, how many sittings did she actually attend, it was all one big game for her, she played pm while she refused to do any of the required duties of her office. All because she found her shopping trips overseas were more important than making sure the country was running properly. We can only hope that she has all he assets seized and sends many years in jail, she needs to realize that being a total dip sh*t isnt an excuse, she has to accept she stuffed up big time and her brother and family name are not going to get her out of it as they have all of her life, she has at last hit the brick wall

[Linky]

And just what is wrong with asking for fairness. That should be expected.

Or are people saying the junta isnt a tually better than the ptp?

Seems a quite reasonable request. And she can park her shoes under my bed any time. Hottest PM the world has ever seen.

[worgeordie]

"Fairness" would be about 10 years,for the tax payers money that has been lost,

in her mind "Fairness" would be can we just forget about the whole thing.

regards Worgeordie

[mikemac]

Well, that sounds a little desperate doesn't it.

Well at least we agree on one thing !

She is admitting she is in big trouble now, asking for fairness is her last hope.

I wonder how the posters who have been saying Yingluck has nothing to worry about will take this news ?

Anyway, it will be interesting to hear their take on it.

[Prbkk]

Asking for fairness? Might as well ask for water from the moon.

[mikemac]

since when are PM's financially liable for failed policy

let alone collective responsibility

I can see your point, since when has a PM ever been liable for failed policy.

But the world has never seen such an incompetent and inexperienced PM like this one. A woman who became PM of a country with zero political experience whatsoever, in fact. A PM who was merely a pretty puppet whose strings were pulled by an on-the-run convicted criminal, illegally running a government from a haven overseas.

A PM who spent lots of time racking up a record number of overseas trips under such guises as "trade missions" but were in fact shopping trips, and very little time attending to her actual duties.

She will never be charged with anything that includes the term "responsibility".

[Prbkk]

since when are PM's financially liable for failed policy

let alone collective responsibility

I can see your point, since when has a PM ever been liable for failed policy.

But the world has never seen such an incompetent and inexperienced PM like this one. A woman who became PM of a country with zero political experience whatsoever, in fact. A PM who was merely a pretty puppet whose strings were pulled by an on-the-run convicted criminal, illegally running a government from a haven overseas.

A PM who spent lots of time racking up a record number of overseas trips under such guises as "trade missions" but were in fact shopping trips, and very little time attending to her actual duties.

She will never be charged with anything that includes the term "responsibility".

Well of course the old shopping trip myth gets trotted out from time to time but no one ever provides any examples, links, evidence, photos....

She made fewer trips than the present PM, although she was able to leave the hotel room to eat.

[zaphod reborn]

since when are PM's financially liable for failed policy

let alone collective responsibility

Yes, you're correct. All real democratic governments have constitutions which immunize their president or PM from civil lawsuits for their failed policies. You can read Jones v. Clinton for an explanation of where immunity begins and ends for a president in a modern democracy. Thailand, however, doesn't fall into the category of "real democratic governments." No party has ever advocated for inserting an immunity clause into the Thai constitutions (and all its versions). Therefore, Yingluck is now suffering as the result of the lack of foresight of her brother, herself, of the PTP, of the PAD, and all their predecessors.

Prayuth has two options in attempting to recover for the financial loss resulting from the failure to properly administer and monitor the rice pledge scheme, proceed in civil court or seek an administrative order. The difference is that in civil court, the current government becomes the plaintiff, and in the administrative court, Yingluck has the burden of contesting the order in court as the plaintiff.

Note that Yingluck's liability is not premised on initiating the scheme, but failing to address irregularities and massive losses which were not part of the scheme as it was legislated by parliament. As such, the scheme became undemocratic and unconstitutional, because it was not being administered in the way that the law required it to be.

It's obvious she can keep all these legal wars going for years. Her lawyers can file lawsuits, objections, appeals, etc. She will have plenty of time to run off to Dubai when it gets close to actually having to serve any time in jail. For now, it's a battle of damages (money verdicts), and I'm sure she has off-shored most of her ill-gotten gains by now, as have her cohorts in this fraudulent scheme.

Edited October 12, 2015 by zaphod reborn

[chainarong]

I am not an advocate of this pathway being created, it sets a precedent , Ms Yingluck was a Prime Minister in a Government elected by the people , the executive passed the motion to introduce the rice pledging scheme, it was an act of Parliament, not an individual decision , I liken this to taking LBJ estate to court for the costs of the Vietnam war, if persons cannot make decisions when in the senior executive position in the land , why make any at all, if this is the end result , making a decision to buy submarines by the Junta and they are a failure , can the court's charge Prayut - O - Cha, If the high speed train network is a failure and incurring massive costs, can we take the junta to court, blatant victimisation at its worse. I rest my case.

[speedtripler]

since when are PM's financially liable for failed policy

let alone collective responsibility

I can see your point, since when has a PM ever been liable for failed policy.

But the world has never seen such an incompetent and inexperienced PM like this one. A woman who became PM of a country with zero political experience whatsoever, in fact. A PM who was merely a pretty puppet whose strings were pulled by an on-the-run convicted criminal, illegally running a government from a haven overseas.

A PM who spent lots of time racking up a record number of overseas trips under such guises as "trade missions" but were in fact shopping trips, and very little time attending to her actual duties.

She will never be charged with anything that includes the term "responsibility".

Has she ever been seen shopping or is this just another rumour people like to throw around?

She hardly spent 500 billion of farmers money on a few shopping trips anyway..

Do other world leaders not shop or where do their clothes and stuff come from anyway?

[z42]

I take it that fairness will be some packey lower down the chain will take the rap. The fact she is squirming is a good sign however. Certainly makes a change

[Linky]

I take it that fairness will be some packey lower down the chain will take the rap. The fact she is squirming is a good sign however. Certainly makes a change

So you dont think she should be treated fairly. Got it.

[ginjag]

since when are PM's financially liable for failed policy

let alone collective responsibility

So you actually call it only failed policy

[waitforusalso]

So who picked up the bill for this one?

[ChrisY1]

since when are PM's financially liable for failed policy

let alone collective responsibility

I can see your point, since when has a PM ever been liable for failed policy.

But the world has never seen such an incompetent and inexperienced PM like this one. A woman who became PM of a country with zero political experience whatsoever, in fact. A PM who was merely a pretty puppet whose strings were pulled by an on-the-run convicted criminal, illegally running a government from a haven overseas.

A PM who spent lots of time racking up a record number of overseas trips under such guises as "trade missions" but were in fact shopping trips, and very little time attending to her actual duties.

She will never be charged with anything that includes the term "responsibility".

Well of course the old shopping trip myth gets trotted out from time to time but no one ever provides any examples, links, evidence, photos....

She made fewer trips than the present PM, although she was able to leave the hotel room to eat.

Quite right Prbkk..........thia is simply a witch-hunt.against the Shins. and wont' fool the international media, or the locals, one iota!!

[ramrod711]

since when are PM's financially liable for failed policy

let alone collective responsibility

I can see your point, since when has a PM ever been liable for failed policy.

But the world has never seen such an incompetent and inexperienced PM like this one. A woman who became PM of a country with zero political experience whatsoever, in fact. A PM who was merely a pretty puppet whose strings were pulled by an on-the-run convicted criminal, illegally running a government from a haven overseas.

A PM who spent lots of time racking up a record number of overseas trips under such guises as "trade missions" but were in fact shopping trips, and very little time attending to her actual duties.

She will never be charged with anything that includes the term "responsibility".

Well of course the old shopping trip myth gets trotted out from time to time but no one ever provides any examples, links, evidence, photos....

She made fewer trips than the present PM, although she was able to leave the hotel room to eat.

http://www.thaivisa.com/forum/topic/660379-pm-yingluck-shinawatra-takes-after-her-brother-orders-a-plane/

She made 30 trips overseas in two years, are you really saying Prayuth has made more? Check out the link, after all you asked for it.

[Bakseeda]

since when are PM's financially liable for failed policy

let alone collective responsibility

It's not about her being the PM at the time, it was that she made herself chairperson of the rice committee , never attended a meeting, and was advised and told by several administrative bodies that what her party were doing with the rice scheme was unlawful and would cost the country and the taxpayer millions. She paid no heed... and now the piper has to be paid... in full I hope. RIP to all the farmers who committed suicide whilst waiting for their promised moneys..

[ChrisY1]

This is simply a major witch hunt and primarily programmed to hunt the Shins at all costs................even Malaysia hasn't dug to these depths .....yet..!

[bangrak]

since when are PM's financially liable for failed policy

let alone collective responsibility

I can see your point, since when has a PM ever been liable for failed policy.

But the world has never seen such an incompetent and inexperienced PM like this one. A woman who became PM of a country with zero political experience whatsoever, in fact. A PM who was merely a pretty puppet whose strings were pulled by an on-the-run convicted criminal, illegally running a government from a haven overseas.

A PM who spent lots of time racking up a record number of overseas trips under such guises as "trade missions" but were in fact shopping trips, and very little time attending to her actual duties.

She will never be charged with anything that includes the term "responsibility".

May I disagree with you, it were not, all, shopping trips, many of those were in the first place PR operations for Thaksin in countries he found a need to show off he was still holding Thailand in his grip, and others where he is involved in business operations, what, IMO, is even much worse than an airhead of a vain protected (old) baby-girl from the new elite enjoying luxurious expensive shopping holidays, accompanied by a tribe of courtisans larger than that of an antique ruler, all paid by the taxpayers, could be, as she was proving to be, indeed, just the puppet, the clone of a (to use his own words to define her) totally corrupt convict-on-the-run, and, indeed, never, once, the PM of any country I know about, even microsopic or totally corrupt ones! An empty vessel with a loud attitude, for the rest, nothing, rien, nichts, nada, and it will not even be the, honest, employees from AIS who would argue about the total incapacity of their former parachuted CEO...