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

[bobmac10]

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.

[phantomfiddler]

Draconian laws are not popular

But it is necessary.....

It certainly is if the goal is to maintain the polarisation of society for your own ends.

I and I guess many Thais don't want to pay the compensation for Yingluck. And this is what happens. Money doesn't grow on the tree so the lost money must be recovered with the tax and so everyone pays more tax because of her.

Better she pays than I pay or Mr. Motorbike Taxi pays.

"Pay compensation to Yingluck" ? I think you have the wrong end of the stick here ! Yingluck, almost undoubtedly controlled by her brother, was in the process of completely fleecing this country, and the present government simply want as much of the money back as possible. I see nothing wrong with that

[jesimps]

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

That could be interesting:

- I guess she still to get permission to leave the country.

- Or, will she do a jump the border and board big brothers private jet (if he still has one - lots of comment about how his fortune has now receded somewhat).

I predict that this brave lady will stay and fight the bully boys. Good luck Yingy, you have more class than all the junta/Yellows/Amart put together.

[Eric Loh]

So the junta is admitting that they don't have the sufficient evidences to charge her in court within the period before the stature of limitation expire and instead have to opt for the draconian demand of an order. I hope this precedent will come back to haunt the military government when a civilian government take over. There are lots of dirt underneath the military carpet.

[Expat1]

Her brother and then her created and oversaw one the most egregious scam schemes in this country's history. It caused massive pain and suffering among the lower economic agricultural groups and they enriched themselves and their cronies and friends at the expense of others less fortunate. IMO the govt has been more than fair in their dealings with these people. Thaksin is not a fugitive for nothing and should be brought in for a deserved justice on him and also his sister, equally, should be brought to account for her part in this. In any western country this would not even be a topic of discussion as laws would be enforced and subsequent trials would be commenced (well, should not be, as a lot of western countries now seem to be going the way of Asia in this regard, where the wealthy get off with little attention, not a good sign). In any case, may the govt see their way clear to execute the sternest justice on these people.

Edited October 14, 2015 by Expat1

[Srikcir]

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.

[Christie Paul]

Whilst not having any sympathy for for the Thaksin brigade of thieves, exposing one's brutal, autocratic and determined hand beyond all reasonable civil norms will leave a bitter aftertaste in the mouths of even those not supportive of Yingluck.

The message is that this government will get whatever they want. And given that they are not very smart, competent or progressive is not very encouraging.

[oneday]

"...The prime minister said he didn’t know what was the real motive for the submission of the open letter..."

OMG, poor little ol' me. I don't know why she is doing this to me...boo hoo.

Give us all a break Mr. P. Stop playing the aggrieved party here and man up.

[waldroj]

Victori spolia

Trouble is, there will be no winners in Thailand if the administrative order is allowed to continue. BUT, there will certainly be losers!

[eggers]

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?

[tcris52]

Her family name is Shinawatra. What more justification is needed?

[tcris52]

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?

[mike324]

Funny how TRT/PTP has been running the country for the better part of the decade, yet the red supporters like to blame all the problems on the opposition. When the hammer finally falls, people scream about anti-democracy, censorship etc etc.

When will Thailand change for the better? Is it so hard to see the failures of Yinglucks governement and the hardship it is has caused on the people? Can't believe folks think putting those low income in debt is considered as helping them. How has anti-democracy or the coup effected the pockets of the farmers or low income? compared to the failed rice schemes, farmers credit card, and all the other populist policies such as car rebates? (lets not argue about the damaged caused by the protests, that is not the root cause of the problems)

Thailand clearly needs to take two steps back before it can move forward again. Like it or not, change like this is the only way for Thai society to move forward. Having democracy means nothing, corruption is just as rampant while the younger generation are getting dumb and dumber.

[smutcakes]

If she does end up repaying any money, you can be sure as hell it does not end up in the public purse. There will be some new toys for the boys....

[gamini]

Draconian laws are not popular

But it is necessary.....

Quite right. We have seen wealthy politicians spend millions and using a barrage of lawyers to avoid prosecution and jail time. They use every possible means to delay their cases and waste all the courts time. Hoping that eventually some of their Pals might be back in government to help them or their cases expire.none of them ever admit guilt knowing full well that they are guilty.

Yinluck is trying to do this. I can't understand why she just doesn't say something like "I didn't understand the rice scheme and I was manipulated and I'm very sorry". Then people would be sympathetic to her

[oldsailor35]

The PM is so keen to punish for so called crimes by PT or Yingluck, but at the same time ignore the crimes against Thailand carried out by his adviser Suthep or anyone from the DEMS. However, the old saying comes to mind "What comes around, goes around"

[Si Thea01]

Oh dear another nail in his coffin

Do you really think so. She needs to be made to front the court to answer for her misgivings. As he said, the order cannot make her pay compensation, it's just been put in place to see that she finally faces a court instead of using these BS delaying tactics. Can't wait to see her next attempt. Will be very interesting.

Maybe it is another nail in her coffin. But then you won't agree I know and you will go on barracking for the Shin's pin up girl. You might not like the PM but at least he has restored peace and is getting things done but then again, you will disagree, won't you.

[oldsailor35]

How about making someone in the RTA answer for the failed Bomb detector scam or the Dirigible which either crashes when flown or won't take off at all. Who paid government money for these stupid items Mr Prime Minister. Or how about making your adviser Mr Suthep pay for the government land which he gave to hi-so mates on Phuket.

You are very selective when it suits are'nt you .

Edited October 14, 2015 by oldsailor35

[mikemac]

If she does end up repaying any money, you can be sure as hell it does not end up in the public purse. There will be some new toys for the boys....

When I read comments like this I think Thailand is lucky that the Shin supporters on TVF have no influence whatsoever on what happens in the country politics wise.

It is only a forum, thank goodness.

[scorecard]

Funny how TRT/PTP has been running the country for the better part of the decade, yet the red supporters like to blame all the problems on the opposition. When the hammer finally falls, people scream about anti-democracy, censorship etc etc.

When will Thailand change for the better? Is it so hard to see the failures of Yinglucks governement and the hardship it is has caused on the people? Can't believe folks think putting those low income in debt is considered as helping them. How has anti-democracy or the coup effected the pockets of the farmers or low income? compared to the failed rice schemes, farmers credit card, and all the other populist policies such as car rebates? (lets not argue about the damaged caused by the protests, that is not the root cause of the problems)

Thailand clearly needs to take two steps back before it can move forward again. Like it or not, change like this is the only way for Thai society to move forward. Having democracy means nothing, corruption is just as rampant while the younger generation are getting dumb and dumber.

Agree, IMHO what is also urgently needed is urgent education of the good people of Thailand to understand how democracy really works and why it's the best alternative.

To my mind two items come up quickly.

- The people need a much better, more accurate understanding of the features of a valuable democracy, the processes that make it work and what needs to be protected to ensure real democracy is not destroyed or damaged. This must include making the people understand that they are part of the process and they have a lot of responsibility to protect democracy.

Why? Just one example, from my discussions with many Thai folks there is a major falsehood. There is the solid belief that the reason why all farang who come to Thailand have 'unlimited' money is because their government / their leader at home is rich beyond believe and the leader / the government continuously hands out large amounts of money to all citizens. Therefore Thailand needs the same, we need a leader who is super rich and hands out big money to everyone every month. The belief is that this is democracy.

- There should be election laws which require all parties to regular publish a detailed manifesto, which (by law - aligned to the constitution) must be aimed with specific details at building and maintaining a civil society where there is equal opportunity for all, there is an appropriate level of sharing the wealth, the law is respected and the law is applied equally to all citizens. And more.

The manifesto must be specific, at appropriate times (e.g. at the start of election campaigns), new / adjusted policies must be 'costed' by an outside committee and the results published in numerous newspapers, on TV spots, etc. And all parties required to take part in TV debates which are moderated by respected people, and the public invited and encouraged to send in questions / phone in with questions, etc., and the questioner has the right to nominate who on the panel for each party represented must answer the question. Etc.

[Si Thea01]

The PM is so keen to punish for so called crimes by PT or Yingluck, but at the same time ignore the crimes against Thailand carried out by his adviser Suthep or anyone from the DEMS. However, the old saying comes to mind "What comes around, goes around"

You, like most on here, including myself, only know what we hear and see, and some of those media reports leave a lot to be desired. You have no idea what is happening in the background, and no, I do not either but instead of running off at the mouth and making statements that carry no substance, why don't you just wait and see. Or maybe you just can't help yourself and have to criticise for the sake of criticising.

It gets a bit much when people of your ilk go on and on about something that you have no knowledge and cannot provide anything to substantiate what you proffer. As for your old saying, it fits aptly to this lady and the rest of those who want to continue to malign this man and country.

[mikiea]

Draconian laws are not popular

But it is necessary.....

than , what is the purpose of this self promoting decree if not to justify his illegal tenure ? huh... where was he when all this stealing was going on ? are we now going to punish elected officials out of office that for what ever reason did a poor job ? if you are going down that road you must understand the self appointed PM has broken many laws to put himself in the position he enjoys . should he be subject to the legal system also ? is this is the way things are done in Thailand ? is this thainess ? the PM it seems is immune to laws that he wants to force on to others . but that is just me venting , how could I understand what is the correct way of thinking , after all I am a foreign born expat enjoying all that this beautiful country has to offer these tired eyes .........

[scorecard]

Question, Has there been any proof irrefutable that Yingluk profited financially from the rice scheme that was hijacked into a scam? If yes then let the chips fall where they may. Do any here on TV truly believe that this rice scheme was purposefully implemented to line the pockets of Yingluk?

Or is it possible that those tasked to insure it to be run honestly did not do their job and some acted illegally and corruptly? such as ministers, rice millers, storage large commercial rice producers? are in-fact responsible for the situation?

But I would suggest that those that DID profit illegally should be held responsible and compensation claimed.

But some would suggest that he head of the department needs to take responsibility for the actions of others in that department ; ie resign.

If that equation is to be applied then wouldn't it also be applied against all sectors that have broken laws? like hmmm those involved in human trafficking?

Now whom were involved in that? Navy, Army, BIB, local Government, why are the heads of each department not being removed and compensation claims being made against them? After all the current PM has just been quoted as "We can't just skip laws" Now some could also say that laws were skipped just day's after the coup so it would seem that depending on who you are could determine when laws apply and when they don't apply, funny that.

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.

You also comment about human trafficking etc. Yes, of course, these items should be fully investigated and those found to be guilty should be punished and regardless of their alignment.

Edited October 14, 2015 by scorecard

[billd766]

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?

I suggest that you petition the Privy Council and the highest person in the land who actually have made this government legal.

If you cannot accept that fact then the problem is yours.

Neither you nor I nor perhaps 99% of TVF posters can affect the reality that this government is legal and in charge of running the country.

It is NOT an illegal government and nothing you can say or do will affect that no matter what spin you try to put on it.

[Praematura]

One only hopes that the amounts accumulated by certain people in uniform who are now millionaires are like wise held accountable in the future.

[billd766]

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.

[joebrown]

As a resident alien it's quite amusing to watch the antics of the Thai children (politicians) continually squabbling over the sweeties and toys of their citizens. Sadly, that amusement quickly turns to frustration when one sees the abject poverty of many of the nations people, the further you travel from Bangkok. The disparity between the 'haves' and the 'have nots' is enormous and obscene.

It's even sadder when you realise these children will never aspire to be responsible accountable adults, because they only copy what their parents have done before, to preserve their dynasty and wealth. In addition the 'have nots' are denied a proper education to ensure they are never quite intelligent enough to fully understand what;s really happening to their taxes, when they reach the top of the food chain. It's all quite sickening really.

[ianf]

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.

As much as i agree with you in most aspescts of your quote the one thing i have to disagree with is the PTP winning the next election for the simple reason of, there won't be another election anytime soon as long as Prayut is still alive on this earth.

How do you know that there won't be another election?

[graemeaylward]

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.

[MaeJoMTB]

Better she pays than I pay or Mr. Motorbike Taxi pays.

I don't think Mr. Motorbike Taxi pays tax ....... so that leaves just you paying.

Alternatively, they could save some money by not buying any submarines.

Or they could stop all the school administrators buying themselves new cars with educational funds.

Or sack a few of the excess generals, inactive police officers.

Etc.

Edited October 14, 2015 by MaeJoMTB