PM defends the use of administrative order against Ms Yingluck as necessary

[MaeJoMTB]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

It's only illegal in your mind.

and in the minds of many others.

Look, this "government" has control of the country.

But that doesn't make this "government" legitimate.

If you feel so strongly about the go to the courts and challenge it.

More effective would be to get a gun, and form an army.

I think the general already has the courts sewn up.

The people know that, and it's not a case of 'if' but 'when'.

Edited October 14, 2015 by MaeJoMTB

[jerojero]

May not agree with all she did or didn't do as PM, but she better get out of the country before she's jailed for 50 years! They are relentlessly going after her.

[scorecard]

I think that this is all very sad. The previous PM made a big mistake whilst in Government because she did not really understand what was going on. In retrospect, perhaps she should never have been in that position. However, she had advisors and a cabinet who are equally culpable. She may have lost the country billions of baht, but she did not as I understand, pocket the money! Many other Governments around the world, including UK, make bad decisions which cost the tax payer billions. However, this does not make them corrupt and if the populous don't like what they have done they are voted out at the next election.

However, this unelected buffoon did not let the public decide by an election, but seized power, gave himself ultimate authority and now wants to completely destroy the previously elected Prime Minister by making her personally liable for a bad political decision! He talks about reconciliation but then flies in the face of any reasonable dialogue by doing this. If he truly wanted to reconcile the country, he would accept that Ms Yingluck and her legitimate, elected Government, made an error of judgement, leave it at that, and move on.

You say "... making her personally liable for a bad political decision! ..."

Your missing the point.

The issue is that she was the party leader (albeit a fake, a puppet, a clone of her convicted criminal absconded brother, who has some 14 or 15 other criminal / corruption /abuse of authority charges outstanding and numerous arrest warrants outstanding and who should be in the courts in the Hague for crimes against humanity), she nominated herself as the rice scheme chairperson, she never attended one meeting, numerous Thai and highly credible international organizations raised a very big flag that the scheme was massively corrupt and was not fulfilling it's purpose, she totally and absolutely ignored all of the comments with vague unaligned comments. Several respected Thai ministerial people raised the big flag and were punished for opening their mouths and their comments are now proved to be accurate. All the time madam put her head in the sand and claimed there was nothing wrong.

Well it's now clearer and clearer there was something very very wrong.

Somebody needs to be held account for what amounts to criminal blatant severe dereliction of duty - there's the point.

Should some / all of her team also be punished for planning, trying to implement processes and actions which they knew very well were criminally derelict in terms of protecting the common wealth of all Thais? (One front runner is the ex finance minister who had no hesitation on several occasions to tell lies hoping to make the puppet look good, all ignoring the fact that many folks could have / probably did buy shares on the SET etc., on the basis of his lies.)

Nice team / nice gang of thieves / the main members of the paymasters get real rich real quick club, a club which he personally owned and made all decisions about / no other members allowed to speak, and none of the club owners his decisions / directives were in the broad interests of the welfare, wealth, building of opportunities etc., for all Thais.

Edited October 14, 2015 by scorecard

[silent]

better than "because mommies say she's a bad girl and can't be trusted"

[MaeJoMTB]

Your missing the point.

I think YOU're missing the point,

The point being the coup leaders first action is always to attempt to permanently disqualify the previously elected leader from ever holding office again.

Not to mention legitimize the coup, by proving the previously elected leader corrupt or guilty in some way.

Edited October 14, 2015 by MaeJoMTB

[arrowsdawdle]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

His government? Stealing a car doesn't make it yours. Stealing a watch doesn't make it yours. How does stealing a government make it his and since stealing a government is against all laws everywhere, by what justification does he feel duty bound to to steal even more from the rightful victim who had her government stolen?

[louse1953]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

Some of you blokes are going by western standards,which don't apply here.The Army will remain until the Shin machine is broken and can't be fixed.Anything Takky breaths on will not be standing in elections.Takkys old plan will not work and there will be no new plan allowed.Elections may be a long way off.

[zookerman]

Of course he would, wouldn't he?

After all, the pretext of the country being ungovernable due to Suthep's mob disrupting the function of the public service has now faded away.

Suthep having conveniently slipped away into monkhood for a suitable period.

So now, what next?

Time to get on with the real business of the coup.

To extinguish for all time any challenge to the status quo.

To ensure the aristocracy and the powerful families will always run this country.

No more upstarts grabbing control through the ballot box.

No more egalitarian nonsense.

No more sharing the wealth with the peasants.

Back to the way it always was.

There must always be a clear succession for the aristocracy to remain in control and for the generals to become billionaires.

With a senate under firm control of the military and a constitution written by their lawyers.

This was always the plan from the day Thaksin was elected.

Make no mistake about it, there will be a bloody revolution here at some time in the future to unseat these meglomaniacs.

Megalomaniacs indeed.

Have often wondered exactly how strong the army can be with so many village conscripts with likely Red sympathies. If push comes to shove, it is very possible that the Army rank and file could turn on these megalomaniacs.

Edited October 14, 2015 by zookerman

[zaphod reborn]

Mr Prime Minister , you say that an administrative order against former Prime Minister Yingluck Shinawatra is necessary, now wouldn't it have been a cleaner idea to hold a Government inquiry into all aspects of the rice scheme first ,then sort out the rice from the husk , instead of a vindictive witch hunt , bearing in mind Sir that the PTP or it's clone may get back into power at the next Democratic held Elections and they may very well be vindictive against you and your Administration with a administrative order, remembering Mr Prime Minister what goes around comes around or quite plainly , you just might have made a rod for your own back.

So, curious as I am unfamiliar with Thai laws: if a sitting PM agrees to the payment of an overpriced railroad or yellow submarines, then later can they be held financially responsible?

Yes, but only if the act was in violation of the authority, procedures and processes set forth in the enabling legislation. With the rice scheme, the enabling legislation did not provide for spending of in excess of THB600 billion to cover losses of the program. The PM was supposed to monitor the finances and management of the program, require proper accounting and audits, and propose legislation or regulations to keep the program within the confines of the enabling legislation.

Yingluck is alleged to have negligently allowed the program to exceed the boundaries set by the enabling legislation and that resulted in substantial losses to the government. Almost all democratic governments have constitutions that provide for immunity for such negligence. Thailand has never provided its office holders with legal immunity.

There were two approaches Prayuth could have taken to pursue a civil recovery - file a civil court action or proceed with an administrative order, to which Yingluck could challenge in the Administrative Court. Because there is a two year statute of limitations on this tort (same as in most nations), Prayuth elected to go the administrative route, which puts the burden on Yingluck to bring the court action.

Losgrad's question is whether PM Prayut can be held liable for the same kind of charges for compensation brought against former PM Yingluck.

The simple answer is NO.

The General Prayut as Chief of the NCPO's authored the Interim Constitution that prevents similar actions against Prayut and the NCPO:

Article 44 states, "The orders so issued [by NCPO] are all deemed "lawful, constitutional and final." Gen. Prayuth is allowed "to order, to suspend, or to take action, regardless of its effects on the legislative, executive or judiciary" against any perceived threats to "public order, national security, the monarchy, national economy or sovereignty of the country."

Article 47-48 legitimizes "all coup actions done by the NCPO, by its subordinates or by the subordinates of its subordinates, as well as all orders and announcements issuede by them."

Prayut has no legal accountability for his regime's actions if the Interim Constitution is followed.

That's a big "if" and 2 years after he is thrown out, and a new constitution emerges, he can be brought up on all kinds of charges. I doubt anyone has the deathwish to do it, but it isn't a legal impossibility. Just an impossibility if one wants to stay alive.

[SheungWan]

May not agree with all she did or didn't do as PM, but she better get out of the country before she's jailed for 50 years! They are relentlessly going after her.

Actually they are going after Thaksin. Yingluck was just the clone, remember? The rice scheme was the big card play to provide cover for Thaksin's return the focus on which became the Yingluck government's sole purpose. It was embarrassing both in its crudeness and failure. Thaksin for the moment happy to keep his sister strapped to the front of the bus to take the stick.

Edited October 14, 2015 by SheungWan

[louse1953]

Whether members like it or not, PM Prayut is applying the law & there was an enquiry that found fmr PM Yingluck guilty of negligence & malfeasance in control of the Rice Pledging Scheme, now she's being brought to justice. All you naysayers, would you be happy if she simply walks free, does a runner, same as Bro & leaves all the poor rice farmers down the drain further?

Similar to telling the farmers they can plant only one crop this year?

What's wrong with advising greedy farmers that there is not enough water to go round this year.

[halloween]

Your missing the point.

I think YOU're missing the point,

The point being the coup leaders first action is always to attempt to permanently disqualify the previously elected leader from ever holding office again.

Not to mention legitimize the coup, by proving the previously elected leader corrupt or guilty in some way.

It's not like the PM removed from office had already proved themselves corrupt and/or incompetent was it? First we had squeaky clean Thaksin, no corruption there, followed by Issan's darling, lying about the rice scam losses and voting an amnesty for herself, her family and the members of her government facing serious criminal charges and robbing the place. How could you prove either guilty of anything?

[Baerboxer]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

It's only illegal in your mind.

and in the minds of many others.

Look, this "government" has control of the country.

But that doesn't make this "government" legitimate.

If you feel so strongly about the go to the courts and challenge it.

The amount of meetings in and outside of Thailand with representative's from other governments, NGO's, businesses, academic institutions and the signing of various agreements suggests the illegality exists in the minds of a few TVF posters.

Most governments are full of shameless liars or say one thing and do whatever else they fancy.

If the some TVF posters feel so strongly, why don't they leave?

[bikerbri]

Why has he waited this long??

[Alwyn]

This illegal government has flushed Thailand down the toilet financially and internationally. I can't wait to see this PM's face when the next legally elected government go after him for all of the losses incurred, I hope they reclaim all of these "rewards" being paid to the keystone cops too

[diehard60]

he has to so he can stay in office.

[Baerboxer]

I think that this is all very sad. The previous PM made a big mistake whilst in Government because she did not really understand what was going on. In retrospect, perhaps she should never have been in that position. However, she had advisors and a cabinet who are equally culpable. She may have lost the country billions of baht, but she did not as I understand, pocket the money! Many other Governments around the world, including UK, make bad decisions which cost the tax payer billions. However, this does not make them corrupt and if the populous don't like what they have done they are voted out at the next election.

However, this unelected buffoon did not let the public decide by an election, but seized power, gave himself ultimate authority and now wants to completely destroy the previously elected Prime Minister by making her personally liable for a bad political decision! He talks about reconciliation but then flies in the face of any reasonable dialogue by doing this. If he truly wanted to reconcile the country, he would accept that Ms Yingluck and her legitimate, elected Government, made an error of judgement, leave it at that, and move on.

If the previous PM had included this in the budget, as a subsidy, attended meetings, produced audited accounts. told the truth about G2G deals and done her best to try and stamp out the corruption which seemingly riddled this project, she would be o k.

But is was set up as a self financing scheme. It was open to corruption and seemingly had little in the way of financial or operational management controls. She was warned by international credible organizations, by some concerned internal people. Her response was to ignore them, threaten, intimidate and transfer internal people who raised concerns, not produce any actual accounts and never to attend the scheme's meetings of which she was the self appointed chair.

Negligent - and seemingly deciding to be negligent.

Was the scheme nothing more than a vote catching populist election ploy that was then used to allow various cronies to exploit and enrich themselves illegally?

What progress is being made on the other connected cases like those who concocted fictitious export deals, those whose warehoused had big holes in the inventory etc etc.

There is a difference, a very big difference, between being incompetent and choosing to lie and deliberately turn a blind eye. Claiming to know nothing when not actually turning up to chair meetings suggests the latter.

No doubt she was simply following orders, but that is no defense or excuse.

[elgordo38]

'PM defends the use of administrative order against Ms Yingluck as necessary' to get her to finally do a runner!

Its not rocket science run girl run do not stand around and be a martyr. Life is to short.

[elgordo38]

This illegal government has flushed Thailand down the toilet financially and internationally. I can't wait to see this PM's face when the next legally elected government go after him for all of the losses incurred, I hope they reclaim all of these "rewards" being paid to the keystone cops too

The rewards are coming out of a police "We love Kitty" slush fund.

[Baerboxer]

This illegal government has flushed Thailand down the toilet financially and internationally. I can't wait to see this PM's face when the next legally elected government go after him for all of the losses incurred, I hope they reclaim all of these "rewards" being paid to the keystone cops too

If it's a Thaksin proxy puppet government, will they ask for the 7 million baht bribe reward back too?

The government isn't illegal and your hyperbole is too funny for words; as is the notion a government that hands over all power to a non elected criminal fugitive, who pays the cabinet and MP's a salary to do his bidding is in someway legal just because they once won an election.

[JAG]

Whether members like it or not, PM Prayut is applying the law & there was an enquiry that found fmr PM Yingluck guilty of negligence & malfeasance in control of the Rice Pledging Scheme, now she's being brought to justice. All you naysayers, would you be happy if she simply walks free, does a runner, same as Bro & leaves all the poor rice farmers down the drain further?

No the majority want a government elected by the people to apply laws made in parliament, rather than a self appointed junta leader who is pursuing his backers aims to finish a political movement which threatens their perpetual hold on power and the access it gives them to the country's wealth.

[mikemac]

Whether members like it or not, PM Prayut is applying the law & there was an enquiry that found fmr PM Yingluck guilty of negligence & malfeasance in control of the Rice Pledging Scheme, now she's being brought to justice. All you naysayers, would you be happy if she simply walks free, does a runner, same as Bro & leaves all the poor rice farmers down the drain further?

No the majority want a government elected by the people to apply laws made in parliament, rather than a self appointed junta leader who is pursuing his backers aims to finish a political movement which threatens their perpetual hold on power and the access it gives them to the country's wealth.

JAG, you are aware how crooked, bent and dirty the last government was, aren't you ?

Because to read your posts one would think you were a newcomer to Thailand who knew nothing about them.

[ginjag]

This illegal government has flushed Thailand down the toilet financially and internationally. I can't wait to see this PM's face when the next legally elected government go after him for all of the losses incurred, I hope they reclaim all of these "rewards" being paid to the keystone cops too

Does not hold water every time---legally elected so called--ha ha----but elected with 36% of vote giving handouts it's said to other parties concerned to help form a coalition. when in government it;s leader did not govern----near never chaired meetings because she never had the brain to chair---and the elected government---BROKE THE LAW --re amnesty bill at an unearthly hour to push it through, then did not pay the farmers when it had chance before street problems---RICE--SCHOOL tablets---OMG---and you think that was healthy----well you will have to stomach this army rule for a while for condoning the SHIN/PTP era.

Edited October 14, 2015 by ginjag

[Eric Loh]

Whether members like it or not, PM Prayut is applying the law & there was an enquiry that found fmr PM Yingluck guilty of negligence & malfeasance in control of the Rice Pledging Scheme, now she's being brought to justice. All you naysayers, would you be happy if she simply walks free, does a runner, same as Bro & leaves all the poor rice farmers down the drain further?

No the majority want a government elected by the people to apply laws made in parliament, rather than a self appointed junta leader who is pursuing his backers aims to finish a political movement which threatens their perpetual hold on power and the access it gives them to the country's wealth.

JAG, you are aware how crooked, bent and dirty the last government was, aren't you ?

Because to read your posts one would think you were a newcomer to Thailand who knew nothing about them.

I maybe new to Thailand but I can safely say that all elected and coup governments were crooked, bent and dirty. You want to dispute that?

[ginjag]

Whether members like it or not, PM Prayut is applying the law & there was an enquiry that found fmr PM Yingluck guilty of negligence & malfeasance in control of the Rice Pledging Scheme, now she's being brought to justice. All you naysayers, would you be happy if she simply walks free, does a runner, same as Bro & leaves all the poor rice farmers down the drain further?

No the majority want a government elected by the people to apply laws made in parliament, rather than a self appointed junta leader who is pursuing his backers aims to finish a political movement which threatens their perpetual hold on power and the access it gives them to the country's wealth.

JAG, you are aware how crooked, bent and dirty the last government was, aren't you ?

Because to read your posts one would think you were a newcomer to Thailand who knew nothing about them.

I maybe new to Thailand but I can safely say that all elected and coup governments were crooked, bent and dirty. You want to dispute that?

Being newish---like on the scene nicely to start your perpetual bashing of the PM. noticing again your bashing crooked bent coup governments and not wishing to bash the bent crooked others---AGENDA--example-----like it or lump it-------or you would be more impartial.

[eggers]

Note use "were", not sure if you're including current Gov't. Though would say Prayut has been far more transparent & upfront than previous Gov't s of past 7 years or so, prior to that was the Thaksin years & enough jas been written about he & his Gov't.

[Bender]

so now we know who are the good people, and who are the bad people.

And this country is actually run by evil people...

[Bender]

Note use "were", not sure if you're including current Gov't. Though would say Prayut has been far more transparent & upfront than previous Gov't s of past 7 years or so, prior to that was the Thaksin years & enough jas been written about he & his Gov't.

"Prayut has been far more transparent"

Isn't uncle Too who threathened journalist to not investigate his huge mysterious wealth!

this guy is a real crook!

[Eric Loh]

Whether members like it or not, PM Prayut is applying the law & there was an enquiry that found fmr PM Yingluck guilty of negligence & malfeasance in control of the Rice Pledging Scheme, now she's being brought to justice. All you naysayers, would you be happy if she simply walks free, does a runner, same as Bro & leaves all the poor rice farmers down the drain further?

No the majority want a government elected by the people to apply laws made in parliament, rather than a self appointed junta leader who is pursuing his backers aims to finish a political movement which threatens their perpetual hold on power and the access it gives them to the country's wealth.

JAG, you are aware how crooked, bent and dirty the last government was, aren't you ?

Because to read your posts one would think you were a newcomer to Thailand who knew nothing about them.

I maybe new to Thailand but I can safely say that all elected and coup governments were crooked, bent and dirty. You want to dispute that?

Being newish---like on the scene nicely to start your perpetual bashing of the PM. noticing again your bashing crooked bent coup governments and not wishing to bash the bent crooked others---AGENDA--example-----like it or lump it-------or you would be more impartial.

Ginjag, you jolted me to finish my post. All governments are bent, crooked and dirty but the legal process to convict is somehow manupulated to suit the establishment political expediency. Military government are by far the most corrupted as they shredded the constitution and ignored the fundamental pillar of the rule of law and human rights. Not forgetting arming themself with Article 44 to stamp his dominance.

[scorecard]

I like this statement he made

The prime minister said Tuesday that his government would duty-bound to seek compensation for the loss and it was necessary to use the administrative order because the civil case will expire in two years.

How can an illegal government be duty bound?

His government? Stealing a car doesn't make it yours. Stealing a watch doesn't make it yours. How does stealing a government make it his and since stealing a government is against all laws everywhere, by what justification does he feel duty bound to to steal even more from the rightful victim who had her government stolen?

Wow, but you missed the points of his statement, therefore your attempt at deflect really failed.