Thai opinion: 'Damages' must not cause greater damage

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STOPPAGE TIME
'Damages' must not cause greater damage
Tulsathit Taptim

BANGKOK: -- There are many reasons why former prime minister Yingluck Shinawatra should not be compelled by an extrajudicial order to pay hundreds of billions of baht in rice-scheme compensation.

However, Prime Minister Prayut Chan-o-cha sees no need to consult legal textbooks. He doesn't even want to listen to what outsiders have to say about it. He prefers to just sit back and concentrate on that post-coup song about true peace that he promised to deliver.

Forcing Yingluck to pay the massive damages will guarantee the opposite outcome. Thailand can kiss the chance of genuine peace goodbye. We all know what happened after Thaksin Shinawatra had his assets seized by court order in early 2010, yet this latest case concerns an even bigger amount of money, a crucial absence of the judiciary and more widespread political strife. The "administrative order" for compensation from Yingluck will not just set the clock back, it may be a ticking time-bomb in itself.

As Yingluck's lawyers have pointed out, ordering her to pay damages before a court verdict on the rice scheme scandal has been delivered is tantamount to belittling the judicial system. Prayut might not realise it, but the judiciary is his best friend right now. It's the only effective anti-corruption tool available. If he ignores the courts in his anti-graft fight, Prayut must fall back on his summary powers, which will play nicely into the hands of his critics both here and overseas.

Prayut can't be seen to have lost faith in the judiciary. Such an impression doesn't just weaken his own position, it also renders the battle against graft a mere political game, which will undermine the country in the long run. The danger is that in the future, the little-known "Responsibility for Wrongful Acts" law will be invoked not to get rid of corruption, but to strengthen the hand of the powers-that-be against their opponents.

People are saying that the rice-scheme scandal is the most complex "corruption" issue Thailand has ever dealt with. Prayut himself said that if the administrative order were not issued, the statute of limitations would run out. Plenty of arguments are being mustered to defend the extrajudicial action, but if we look at them carefully, each emphasises the importance of the judiciary as the most effective tool in the war against corruption.

Putting Yingluck through a court trial would be difficult. Her supporters here and abroad are unlikely to accept a verdict that goes against her, and the fact that the trial would be taking place under military rule would feature strongly in their outcry. But at least she would have the opportunity to present her side of the story, which neutral observers could then measure against what her accusers have to say. Summarily asking her to pay damages threatens to erase "fairness" - or the semblance of it - from the whole process.

Prayut's defence of the administrative order may actually be a boon to Yingluck's lawyers. The prime minister said he was left with no choice, as the case was expiring under the "Responsibility for Wrongful Acts" law and he stood to be accused of negligence if he failed to take action in time.

Yingluck said she implemented the rice-pledging scheme in line with an election pledge. She insisted that if she had failed to carry out the programme, she would be accused of duping voters into supporting her party. That's actually a lame legal defence, but Prayut may have helped reinforce it in his attempt to justify the controversial administrative order.

There are a couple of things to consider. While the law obliges Yingluck to make good on her election vow, it doesn't empower her to bankrupt the government with excessive spending or to turn a blind eye to irregularities plaguing the programme. She had a duty to abide by higher laws, on budgetary responsibility and good governance.

Whether she did so should be left up to the courts to decide.

Whether Yingluck used state money irresponsibly and allowed corruption to hold sway under her nose (or was even involved in graft) should be decided by the judiciary. The judges are poised to make a decision, so why the hurry? Making her pay in the absence of a guilty verdict will only lead to awkward situations - legally, constitutionally, diplomatically and politically.

The administrative order will certainly be challenged in the Administrative Court. With Prayut's "face" at stake, the final outcome will be intriguing. Thailand's political trouble, however, has been dominated by "face". On both sides of the divide, conscience has given way to the need to be proven right and to embarrass political rivals. The summary payment order will reinforce that sentiment.

Legally, it's doubtful. Strategically, it's unwise. Morally, it's not right. But Prayut doesn't need to bother with these categories. If his priority is to bring back true peace, it's enough to know what to do.

Source: http://www.nationmultimedia.com/opinion/Damages-must-not-cause-greater-damage-30271248.html


-- The Nation 2015-10-21

[benalibina]

Then there are many on here claiming.....face....isnt a problem in LOS....ah well....

[noitom]

First time I can recall a fairly coherent piece by this Thai writer. The general seems cornered here.

[ChrisY1]

Have to agree with the writer.......

Bulldozing through this order, pretty much it would seem, out of spite, can only be detrimental to the political and judicial processes.

[MZurf]

Gotta agree with the writer on this one. It's a witch hunt and clearly not designed to promote reconciliation. But that was never the General's goal anyway.

[chainarong]

I am not a supporter of PTP, but you really have to wonder just where Prime minister Prayut - O is coming from , the whole momentum is a roller coaster ride, none of this case with former PM Yingluck will endear the Junta to one section of the population and yet Prayut tries to drive home reconciliation, along with the Thai happiness club, as the Author has said this will do more damage than good , as I have stated there should of been a Government inquiry into all aspects of the rice scheme, although Yingluck has stated that as promised the scheme was delivered , this is all very noble, but if the executive knew or was told that the scheme was floored then it should have been scraped, saving face is one thing, destroying an important industry is an other, managing risk doesn't seem to play an important part of Thai decision making in any field.

[godden]

See what her net worth was when she came to office, what was her net worth when she left office and cane her for the difference, easy.

[gandalf12]

Was she the only one to make the decision or did other members of the government of the day also help make these decisions? If the latter then they should all be made to pay not just one person.

[oneday]

Was she the only one to make the decision or did other members of the government of the day also help make these decisions? If the latter then they should all be made to pay not just one person.

She almost certainly IS NOT the only who made the decisions, but for Mr. P, she has the right last name, she has the money and she is his only avenue for revenge against her brother.

[waldroj]

Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen,” said Winston Churchill. March 2014

Tulsathit Taptim has (in the past) been widely criticised for his controversial political reports. However, on this occasion, he deserves to be congratulated for expressing his opinion about Thailand’s ticking time bomb!

Despite the rhetoric flowing out of the junta, it would be fair to say that Prayut has never truly been serious about reconciliation in this country (unless it can be had on HIS terms). His fixation on punishment rather than forgiveness has ensured the country remains as fractured now as it was before the army staged the coup.

His dogged determination to see Yingluck pay hundreds of billions of baht in rice-scheme compensation, in my opinion clearly exposes his true intent. I believe Tulsathit’s article substantiates Prayut’s lust for (Yingluck’s) blood, regardless of what the fallout may be for Thailand.

As Tulsathit says, “Prime Minister Prayut Chan-o-cha sees no need to consult legal textbooks. He doesn't even want to listen to what outsiders have to say about it”. That is a crucial point which will have grave implications for reconciliation in this country!

In another article, back in March 2014, Tulsathit began with a Winston Churchill quote, “Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen”. I think this is a fitting quote in the context of the current article. And it is one for Prayut to take serious heed of – we all know that the PM is a ‘courageous’ talker, but we are yet to see if that courage equally applies to the other faculty.

[Kasset Tak]

They should just seize all her assets until the court has come it's verdict.

Courts in other countries does that all the time, in US when police seize assets there has been many times when they don't even return the assets if the defendant are acquitted!!!

If they don't seize her assets they would never ever see any money or anything else if she is ever convicted as it would all be transferred to other people and overseas!

[Eric Loh]

Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen, said Winston Churchill. March 2014

Tulsathit Taptim has (in the past) been widely criticised for his controversial political reports. However, on this occasion, he deserves to be congratulated for expressing his opinion about Thailands ticking time bomb!

Despite the rhetoric flowing out of the junta, it would be fair to say that Prayut has never truly been serious about reconciliation in this country (unless it can be had on HIS terms). His fixation on punishment rather than forgiveness has ensured the country remains as fractured now as it was before the army staged the coup.

His dogged determination to see Yingluck pay hundreds of billions of baht in rice-scheme compensation, in my opinion clearly exposes his true intent. I believe Tulsathits article substantiates Prayuts lust for (Yinglucks) blood, regardless of what the fallout may be for Thailand.

As Tulsathit says, Prime Minister Prayut Chan-o-cha sees no need to consult legal textbooks. He doesn't even want to listen to what outsiders have to say about it. That is a crucial point which will have grave implications for reconciliation in this country!

In another article, back in March 2014, Tulsathit began with a Winston Churchill quote, Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen. I think this is a fitting quote in the context of the current article. And it is one for Prayut to take serious heed of we all know that the PM is a courageous talker, but we are yet to see if that courage equally applies to the other faculty.

My take on this adminstrative order is that Prayuth is listening and has cold feet in signing off the order. Wissanu comment on Prayuth need not sign and only need the FM endorsement is a big clue. In fact, I don't see the FM putting his signature on such a controversial order. Afterall, he is a civilian and a businessman and will not want to jeopardize his and his family future with such an idioscrantic and unprecedented order. This is like a pandora box and if could be used as precedent in future governments. Problem is Prayuth is surrounded by Shin haters and he got very light ears and impulsive in his decision making. Howver lately he does seem that he is finally willing to listen and have rescinded a few decisions.

[Srikcir]

Yingluck's rice pledge program didn't bankrupt the government.

Obviously, Prayut was easily able to issue 7-10 year government bonds without rate increases to cover the cost of payouts to the rice farmers in full and still continue to borrow additional funds to pay for Prayut's own populist programs. As of December 2014 Thailand's total borrowings were below 50% of GDP; significantly lower than countries such as UK, Singapore, US, Germany, India, Netherlands and Finland.

What is more troubling is the continued increase in household debt over the last 17 months during the Prayut regime to now about 90% of GDP and collapse of Thailand's exports. If Prayut's regime had been elected in May 2014, there would have been by now more than a reshuffling of his cabinet ministers - he would no longer be PM.

[Mister Fixit]

Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen, said Winston Churchill. March 2014

I think you might have your dates a tad wrong there, matey. Winston Churchill died in 1965.

If that's the best you can do, I suggest it should be YOU who has the courage to 'sit down and listen'. You might learn some history.

[Just1Voice]

See what her net worth was when she came to office, what was her net worth when she left office and cane her for the difference, easy.

Actually, they already did that. They showed that her net worth only increased a little bit, and that it was due mainly to higher stock prices of stock that she owned. It was all very open and above board, and was posted in BK Post, along with the in-out wealth of her entire cabinet.

[Acharn]

The government and the nation were not "bankrupted" by the rice support scheme. Burdened, maybe, although even that's not certain, but certainly not "bankrupted."

[Acharn]

Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen, said Winston Churchill. March 2014

I think you might have your dates a tad wrong there, matey. Winston Churchill died in 1965.

If that's the best you can do, I suggest it should be YOU who has the courage to 'sit down and listen'. You might learn some history.

I've been seeing a lot of these lately, phony quotations along with dates that would be impossible. Saw something attributed to Benjamin Franklin in 1756 that only made sense if it was said after the Revolution that started in 1776, and it was completely unlike Franklin (he was a dirty old man whom I admire greatly -- the ladies of France were wild for him).

[waldroj]

Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen, said Winston Churchill. March 2014

I think you might have your dates a tad wrong there, matey. Winston Churchill died in 1965.

If that's the best you can do, I suggest it should be YOU who has the courage to 'sit down and listen'. You might learn some history.

Mister Fixit

Just in case you didn't get to the end para, it began, "In another article, back in March 2014, Tulsathit began with a Winston Churchill quote",

Sorry for the confusion at the beginning. We always learn from history!

[speedtripler]

See what her net worth was when she came to office, what was her net worth when she left office and cane her for the difference, easy.

I don't think Ill gotten gains will be recorded in her personal bank accounts... She may be a woman but she's been taught by the master....

[billd766]

Was she the only one to make the decision or did other members of the government of the day also help make these decisions? If the latter then they should all be made to pay not just one person.

She almost certainly IS NOT the only who made the decisions, but for Mr. P, she has the right last name, she has the money and she is his only avenue for revenge against her brother.

But she WAS the one in charge, the one that never went to any meetings, the one that claimed that it was her plan and responsibility from day one. If she took the job on she had a legal and moral responsibility to ensure that everything was in order and working correctly.

That she didn't appear to do that part is also her responsibility.

[billd766]

See what her net worth was when she came to office, what was her net worth when she left office and cane her for the difference, easy.

Actually, they already did that. They showed that her net worth only increased a little bit, and that it was due mainly to higher stock prices of stock that she owned. It was all very open and above board, and was posted in BK Post, along with the in-out wealth of her entire cabinet.

Personally I don't think that Yingluck made anything out of it all apart from perhaps a few jollies here and there, but money, no way.

I think that she was ring fenced and kept in the dark like the mushrooms she now grows and I also think the her brother Thaksin kept her out of anything important.

[Thai at Heart]

Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen, said Winston Churchill. March 2014

Tulsathit Taptim has (in the past) been widely criticised for his controversial political reports. However, on this occasion, he deserves to be congratulated for expressing his opinion about Thailands ticking time bomb!

Despite the rhetoric flowing out of the junta, it would be fair to say that Prayut has never truly been serious about reconciliation in this country (unless it can be had on HIS terms). His fixation on punishment rather than forgiveness has ensured the country remains as fractured now as it was before the army staged the coup.

His dogged determination to see Yingluck pay hundreds of billions of baht in rice-scheme compensation, in my opinion clearly exposes his true intent. I believe Tulsathits article substantiates Prayuts lust for (Yinglucks) blood, regardless of what the fallout may be for Thailand.

As Tulsathit says, Prime Minister Prayut Chan-o-cha sees no need to consult legal textbooks. He doesn't even want to listen to what outsiders have to say about it. That is a crucial point which will have grave implications for reconciliation in this country!

In another article, back in March 2014, Tulsathit began with a Winston Churchill quote, Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen. I think this is a fitting quote in the context of the current article. And it is one for Prayut to take serious heed of we all know that the PM is a courageous talker, but we are yet to see if that courage equally applies to the other faculty.

My take on this adminstrative order is that Prayuth is listening and has cold feet in signing off the order. Wissanu comment on Prayuth need not sign and only need the FM endorsement is a big clue. In fact, I don't see the FM putting his signature on such a controversial order. Afterall, he is a civilian and a businessman and will not want to jeopardize his and his family future with such an idioscrantic and unprecedented order. This is like a pandora box and if could be used as precedent in future governments. Problem is Prayuth is surrounded by Shin haters and he got very light ears and impulsive in his decision making. Howver lately he does seem that he is finally willing to listen and have rescinded a few decisions.

You think prayuth thinks this up himself? If he thinks chasing Yingluck personally for this money is a good idea, he really must be thick. If he's taking orders from someone else to do it, he really must be thick.

Is Prayuth a smart man in your opinion? Ergo, he is following someone's orders to chase Yingluck like this because he wouldn't do it himself or he extremely thick.

[Mister Fixit]

Courage is what it takes to stand up and speak. Courage is also what it takes to sit down and listen, said Winston Churchill. March 2014

I think you might have your dates a tad wrong there, matey. Winston Churchill died in 1965.

If that's the best you can do, I suggest it should be YOU who has the courage to 'sit down and listen'. You might learn some history.

Mister Fixit

Just in case you didn't get to the end para, it began, "In another article, back in March 2014, Tulsathit began with a Winston Churchill quote",

Sorry for the confusion at the beginning. We always learn from history!

But that's not what you said in your post, is it? What you said is above in bold ...