Legal action against Yingluck legitimate, says Sansern

[webfact]

Legal action against Yingluck legitimate, says Sansern
Wasamon Audjarint
The Nation

BANGKOK: -- Government Spokesman Maj-General Sansern Kaewkamnerd yesterday stressed the legitimacy of legal action being taken against former premier Yingluck Shinawatra in relation to the rice-pledging scheme, despite her pleas for the government to reconsider the move.

Sansern also expressed displeasure at the decision of Yingluck and her lawyer Norrawit Larlaeng to make the letters addressed to PM General Prayut Chan-o-cha open to the public.

"Why do they give hints to the plaintiff [the government]?" he asked. "They could just let us blunder on so they are at an advantage if the court sees their point of view."

The government needs to take action against Yingluck, he continued, as the National Anti-Corruption Commission (NACC) had submitted the case to the Finance Ministry as long ago as February. Prayut and the finance minister had to set up an investigative committee as per the Liability for Wrongful Act of Officials Act.

This Act needs to be used in this case, he continued, as its Article 4 states that the Act covers civil servants, officers, employees and other kinds of government workers. Yingluck, as prime minister, was the head of the National Rice Committee.

Although Article 4(1) says that the Act is not applicable to Parliament and the Cabinet, Yingluck cannot be exempted as the actions in question were taken on an individual basis, not as a Cabinet member, Sansern explained.

The investigative committee had invited Yingluck a couple of times, but had received terse written replies, he revealed, adding that this might be because the former premier tends to give rambling explanations in speech.

"She chose this [written] way of communication to buy time," he said.

Yingluck is welcome to submit more evidence regarding the case, because what has been submitted so far is unusable, he added.

Source: http://www.nationmultimedia.com/politics/Legal-action-against-Yingluck-legitimate-says-Sans-30270935.html


-- The Nation 2015-10-15

[Eric Loh]

Sansern, your boss is washing his hands of this case. The PM with his absolute power and disdain for the Shin is dis-associating himself and will not take responsibility. Does that tell you anything? You think the FM will take the responsibility to sign the order? This order is going nowhere and changing on a daily basis. Time to shut the <deleted> up, Sansern.

[hugh2121]

[worgeordie]

Just keep faffing about and she will have moved all her assets overseas,

if she has not done already,and there will be nothing to appropriate.

regards worgeordie

[EJK]

Wrong

There acting out of school now

She was Pm and made choices bad luck and this team will make many

[Bakseeda]

At long last something is going to be done about absolute corruption. Yinluck has been playing the waiting game for such a long drawn out time because she was hoping to watch this case go the same way as so many others and pass the statute of limitation. Really it's so easy if you follow the money trail. Almost none of the multi-billions of bahts went to the struggling farmers. It went to millers, rice storage facilities, village headmen, MPs, many government officials. Rice was pouring in from surrounding countries, bought at 5 - 6 thousand baht per tonne, and being sold to Yinlucks wonderful government for 15,000 per tonne. That was one hell of a profit. Rice in storage was being sold out the back door. G2G contracts were fake and many government officials raked in the moneys by pretending to sell tonnes of rice to foreign governments at huge discounts while they were really selling this rice on the world markets at the current rice price , therefore making an absolute killing without having to lay out one baht. Corruption breeds corruption and Yinlucks rice scheme was the Daddy of all...... The truth of the matter was that certain very experienced MPs knew that Yinluck was clueless about this style of corruption, she trusted them and believed them. These PTP guys bent her over and really gave it to her good and proper. Gangnam Style..... !!

But ignorance is no excuse in the eyes of the law... roll your dice and pay your price. Lets all hope she goes to prison for a long time as a lesson in ignorance to all.....

[seajae]

yl is as dumb as dog sh*t, she is incapable of defending herself so she gets the letter written up them posts it on her facebook page like everything else she does in the hope that she will sucker the public into supporting/feel sorry for her.She refuses to accept the truth because she has never had to before, money/being a hi-so has always been used to get her what ever she wants, the tables have turned and she doesnt like it. She simply thought the was going to smile at everyone and travel the world shopping, looks like no one told her that she has to accept the responsibility of what those beneath her were doing in her name, trouble is she defended them and denied any wrong doing so she deserves everything that happens to her.

[FangFerang]

Passing laws and then applying them retroactively is an unacceptable practice in the world courts altogether. But hey, it's an Article 44 thing....

[than]

Passing laws and then applying them retroactively is an unacceptable practice in the world courts altogether. But hey, it's an Article 44 thing....

Constitution Art 44 never use in this case, she was prosecute under BC 2539, Liability for Wrongful Act of Officials Act.

Act write and vote in 2539, now we are in 2558

[AGareth2]

I see

The act is not applicable to MPs or Cabinet Ministers

mmm so she was not acting as one of these but as an individual

?

Does anyone believe this?

[lewy67]

If she's a witch she won't burn if she isn't she has.

[oneday]

It is legal by the simple virtue that this government can make anything they want to do legal.

Hocus -pocus, wave your hands, blow a little smoke and voilà it's legal.

Edited October 15, 2015 by oneday

[Wombat6]

Sansern, your boss is washing his hands of this case. The PM with his absolute power and disdain for the Shin is dis-associating himself and will not take responsibility. Does that tell you anything? You think the FM will take the responsibility to sign the order? This order is going nowhere and changing on a daily basis. Time to shut the <deleted> up, Sansern.

Mr Loh....do you think Sansern reads TV ? If you want to send him a message, write a letter. I am sure he will take notice of your extreme wisdom

[than]

It is legal by the simple virtue that this government can make anything they want to do legal.

Hocus -pocus, wave your hands, blow a little smoke and voilà it's legal.

I understand that it's hard for you, after decades of corrupt civilian governments, to see a Thai government apply existing Thai law........

[halloween]

If the Thai branch of the the Monster Raving Loony Party offered an election policy of economic stimulus, B10,000 for every voter in every electorate that elected their candidate, would that make their government legitimate? It would cost a lot less than the rice scam.

Call it a rice subsidy, is it any more acceptable, especially when most of the mugs who voted for it missed out on their promised payout? And when the policy turns out to be far more expensive than expected, does refusal to admit the mounting losses or curtail them, remove all liability?

[Eric Loh]

Sansern, your boss is washing his hands of this case. The PM with his absolute power and disdain for the Shin is dis-associating himself and will not take responsibility. Does that tell you anything? You think the FM will take the responsibility to sign the order? This order is going nowhere and changing on a daily basis. Time to shut the <deleted> up, Sansern.

Mr Loh....do you think Sansern reads TV ? If you want to send him a message, write a letter. I am sure he will take notice of your extreme wisdom

You seem upset. Sarcasm not for everyone. Anyway, I betting the junta is not reading TVF or lots of us will be marching off to the Gestapo camp while some will have medal pinned on them by the man himself.

[Thai at Heart]

The action wasn't taken as a cabinet member but as an individual? Hmmmmmmmmm

[Alwyn]

It is legal by the simple virtue that this government can make anything they want to do legal.

Hocus -pocus, wave your hands, blow a little smoke and voilà it's legal.

I understand that it's hard for you, after decades of corrupt civilian governments, to see a Thai government apply existing Thai law........

You mean the military Junta that re-wrote the laws to suit themselves? Even so, the law doesn't apply does it;

"Although Article 4(1) says that the Act is not applicable to Parliament and the Cabinet, Yingluck cannot be exempted as the actions in question were taken on an individual basis, not as a Cabinet member, Sansern explained."

He's making this crapola up as he goes along. He's saying that she didn't make decisions as a PM but as a private citizen. How does that work? Like it or not, she was PM (oh.. an elected one at that)

[halloween]

You mean the military Junta that re-wrote the laws to suit themselves? Even so, the law doesn't apply does it;

"Although Article 4(1) says that the Act is not applicable to Parliament and the Cabinet, Yingluck cannot be exempted as the actions in question were taken on an individual basis, not as a Cabinet member, Sansern explained."

He's making this crapola up as he goes along. He's saying that she didn't make decisions as a PM but as a private citizen. How does that work? Like it or not, she was PM (oh.. an elected one at that)

Sounds much like a couple of murder charges, doesn't it? It would be a bit hypocritical, though hardly unexpected, if she objects to the junta using her own logic, such as it is.

[Thai at Heart]

It is legal by the simple virtue that this government can make anything they want to do legal.

Hocus -pocus, wave your hands, blow a little smoke and voilà it's legal.

I understand that it's hard for you, after decades of corrupt civilian governments, to see a Thai government apply existing Thai law........

You mean the military Junta that re-wrote the laws to suit themselves? Even so, the law doesn't apply does it;

"Although Article 4(1) says that the Act is not applicable to Parliament and the Cabinet, Yingluck cannot be exempted as the actions in question were taken on an individual basis, not as a Cabinet member, Sansern explained."

He's making this crapola up as he goes along. He's saying that she didn't make decisions as a PM but as a private citizen. How does that work? Like it or not, she was PM (oh.. an elected one at that)

It's farcical. She was not managing the rice scheme as a PM, but as a private citizen?

Absolutely crazy interpretation of the law.

[bangrak]

Sansern, your boss is washing his hands of this case. The PM with his absolute power and disdain for the Shin is dis-associating himself and will not take responsibility. Does that tell you anything? You think the FM will take the responsibility to sign the order? This order is going nowhere and changing on a daily basis. Time to shut the <deleted> up, Sansern.

Mr Loh....do you think Sansern reads TV ? If you want to send him a message, write a letter. I am sure he will take notice of your extreme wisdom

You seem upset. Sarcasm not for everyone. Anyway, I betting the junta is not reading TVF or lots of us will be marching off to the Gestapo camp while some will have medal pinned on them by the man himself.

Your (professional?) 'sympathy' for all what's Thaksin &Co. has lead you to quite some excesses in your prosa already, but today it has become upsetting indeed, as you crossed a dangerous border by comparing the present Government ('the junta' in your biased terminology) to 'the Gestapo' associated with 'camp', so linking it to the criminal nazi regime's crimes against humanity! May I hope this will not go unnoticed by the moderators here, and that it might, at least, have you diservedly banned from TV, and maybe even given the opportunity to have your attitude checked in some camp, which, as you would discover, luckily for you has nothing in common with the barbaric concentration camps you allude to!

[bangrak]

It is legal by the simple virtue that this government can make anything they want to do legal.

Hocus -pocus, wave your hands, blow a little smoke and voilà it's legal.

I understand that it's hard for you, after decades of corrupt civilian governments, to see a Thai government apply existing Thai law........

You mean the military Junta that re-wrote the laws to suit themselves? Even so, the law doesn't apply does it;

"Although Article 4(1) says that the Act is not applicable to Parliament and the Cabinet, Yingluck cannot be exempted as the actions in question were taken on an individual basis, not as a Cabinet member, Sansern explained."

He's making this crapola up as he goes along. He's saying that she didn't make decisions as a PM but as a private citizen. How does that work? Like it or not, she was PM (oh.. an elected one at that)

Can you please inform us from where you have it that the chairperson of the National Rice Committee would according to its statutes have to be a PM, a minister or a MP?

When not, in plain logic, as chairwoman she then would have indeed been an individual, basic, normal, citizen and not a MP or PM, so...

On the side, may I remind you that the PM is NOT directly elected in Thailand, (s)he is (as per today) a MP, proposed to H. M. the King as the leader of the Government by a majority of elected MPs.

There is also a difference between being chosen straight, clear, and personally, as an individual (member of a political party), running for a MP seat in an electoral district where (s)he collected the maximum/majority of votes, which IMHO should be the rule for most seats, and, being on the 'party list' and getting a seat, quite anonymously, through the total number of votes expressed in favour of that list nationwide.

What makes me wonder what Thaksin and his PTP could have been afraid of, not to appoint Yingluck as the PTP candidate in such an electoral district fight...

Edited October 15, 2015 by bangrak

[Thai at Heart]

http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l205403656_text

The program involved the appointment of a National Rice Policy Committee by the Prime Minister through an order issued under article 11(6) of the Organization of State Administration Act 1991. (Office of the Prime Minister's Order No. 153/2011 [in Thai], Department of Internal Trade (Sept. 4, 2011).) The Committee set out the details of the rice pledging scheme in Minutes issued in September 2011 (Minutes of the Meeting: The National Rice Policy Committee 1/2011 [in Thai], Department of Internal Trade (Sept. 9, 2011).)

It was a government committee.....