Thai govt dismisses abuse of power allegations

[webfact]

POLITICS
Govt dismisses abuse of power allegations
Natthapat Phromkaew,
Petchanet Pratruangkrai
The Nation

Prayut could have already seized Yingluck's assets under Article 44: Wissanu

BANGKOK: -- The government is not abusing its power in the cases against Yingluck Shinawatra stemming from the rice-pledging scheme - as it could have invoked special authority under Article 44 of the interim charter to seize her assets, Deputy Premier Wissanu Krea-ngam said yesterday.

Wissanu, who is in charge of the government's legal affairs, dismissed claims that Article 44, which empowers Prime Minister Prayut Chan-o-cha to issue orders at his discretion to solve the country's problems, was abused to unfairly bolster prosecution of Yingluck.

Prayut, in his capacity as head of the National Council for Peace and Order (NCPO), had issued Order 39/2558 to provide legal protection to government officials and entities handling controversial and politically sensitive cases. This includes an administrative order that has been issued seeking compensation from Yingluck and other former Cabinet members.

Wissanu said if the government wanted to abuse its power, it could just issue a special order under Article 44 to confiscate the assets of those allegedly involved in the rice-pledging scheme, which was estimated to have lost more than Bt500 billion in state funds.

Under order 39/2558, he said state officials and entities handling the disposal of rice left over from the pledging scheme are protected from facing any lawsuits that may be filed against them. This legal protection is valid only when the officials and entities concerned act in good faith. Even in normal cases they are legally protected without such a special order by the NCPO, but the government wanted to ensure that they would not be held liable if counter-suits were filed.

On the civil compensation case, he said the Finance Ministry, which is responsible for seeking massive compensation from those guilty in this case, would be able to extend the timetable for questioning witnesses. But the ministry had to ensure the case was prosecuted within the statute of limitations - two years.

At this stage, the Finance Ministry's fact-finding committee on the case has been given another 30 days to question witnesses after it could not finish the task by the first deadline on October 30.

Wissanu said some government officials were previously worried about political and legal repercussions resulting from handling the rice-pledging scheme, including those concerned they could face counter-suits in the future. This had resulted in inaction in this case so the government needed to reassure people that if they did work in good faith they would be protected.

The extra legal protection would also help officials responsible for counting the inventories of rice in this scheme and those responsible for disposing stocks left over from the previous government, Wissanu said. A large number of officials in many provinces, as well as private sector officials had been involved in the whole process since May 22 2014, he said.

For example, some rice stocks were stored at private mills, so mill owners were not sure if they would be prosecuted in the future if there was no extra legal protection. He noted that there was still 13 million tonnes of rice left in the pledging scheme after 9-10 million tonnes was sold.

Meanwhile, permanent secretary for Commerce Chutima Bunyapraphasara said the 39/2558 order would speed up the sale of remaining rice, while easing pressure on officials who could be sued.

Chutima said the legal protection order did not affect fake government-to-government deals, or previous losses from the scheme.

"Rice stocks are huge during this government, while costs of pledged rice and market rice prices vary among the 18 million tonnes of rice currently in the government's stock, as there is rice from 2005 up to 2014/2015 harvest seasons."

She noted that the release of rice was high risk as some stock had deteriorated in quality. Officials needed to decide to sell rice at some price, but could guarantee that it was done in a transparent process. They also needed to carefully consider sales so they do not affect the market price or hurt farmers or traders.

According to the ministry, the current government has already released 6.38 million tonnes of rice from state stocks - worth Bt75 billion - since May 2014 to present.

About 13 million tonnes remains in state stocks, of which about 4.6 million tonnes are rotten due to long-term storage.

Source: http://www.nationmultimedia.com/politics/Govt-dismisses-abuse-of-power-allegations-30272153.html


-- The Nation 2015-11-03

[Vandadavid]

They can dismiss all they want . They think they are doing a great justice. Let's be honest it is one man with. Pure hatred right

And you want votes laughable

KARMA

[Vandadavid]

You and your articles your characters

You created these articles after you changed the rules. You did so at your own me sure with no elected government

No one wants

[Eric Loh]

All I see is a very insecure regime and needed all the repressive and censorship laws to stay in power. The power abuse started when they stage the coup and never ceased and have been relentless in curbing freedom of expression, arresting dissidents and making sure that an unwelcome election outcome will not happen.

[EnglishJohn]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

[EnglishJohn]

All I see is a very insecure regime and needed all the repressive and censorship laws to stay in power. The power abuse started when they stage the coup and never ceased and have been relentless in curbing freedom of expression, arresting dissidents and making sure that an unwelcome election outcome will not happen.

Ah those poor dissidents who got arrested (because they wanted to and kept pushing until it happened) but then were released.

Any comment about the 30 murders of protesters under your 'democracy' ?.

Any comment on the 310:0 amnesty bill which started it all off ?.

No, I thought not. Please check my signature.

[Baerboxer]

All I see is a very insecure regime and needed all the repressive and censorship laws to stay in power. The power abuse started when they stage the coup and never ceased and have been relentless in curbing freedom of expression, arresting dissidents and making sure that an unwelcome election outcome will not happen.

There's none as blind as them who don't want to see Eric.

All Yingluck has to do is present the real accounts and show where all the money actually went. Then show she managed and directed the scheme to her best ability and wasn't negligent.

Then she will have no case to answer and the government and NACC will look foolish.

On the other hand ...............................

Le't keep to the case facts, and not try to divert shall we?

[FangFerang]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

You are deliberately missing the point for a red rage rant.

The order protects the very criminals that ripped off the scheme, and still own warehouses and mills, and still are ripping farmers off.

Wake up, sleepyhead.

Abuse is the norm.

[trainman]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

"500 billion of a 600 billion budget was 'lost'"

Link please?

[Eric Loh]

All I see is a very insecure regime and needed all the repressive and censorship laws to stay in power. The power abuse started when they stage the coup and never ceased and have been relentless in curbing freedom of expression, arresting dissidents and making sure that an unwelcome election outcome will not happen.

There's none as blind as them who don't want to see Eric.

All Yingluck has to do is present the real accounts and show where all the money actually went. Then show she managed and directed the scheme to her best ability and wasn't negligent.

Then she will have no case to answer and the government and NACC will look foolish.

On the other hand ...............................

Le't keep to the case facts, and not try to divert shall we?

Absolutely with you that the case should rest upon its evidences and legal burden on the prosecutors to prove beyond a reasonable doubt. No need for the premier to repeatedly comment prejudicially on the case and abetting the prosecutors by Article 44. So far, that's what I see are bullying and harassment and the case have not even started. Some here have even concluded and convicted her for corruption. I am sure you not one of them, right?

[Eric Loh]

All I see is a very insecure regime and needed all the repressive and censorship laws to stay in power. The power abuse started when they stage the coup and never ceased and have been relentless in curbing freedom of expression, arresting dissidents and making sure that an unwelcome election outcome will not happen.

Ah those poor dissidents who got arrested (because they wanted to and kept pushing until it happened) but then were released.

Any comment about the 30 murders of protesters under your 'democracy' ?.

Any comment on the 310:0 amnesty bill which started it all off ?.

No, I thought not. Please check my signature.

Too much drinking the Junta Kool-Aid to forget Student Aung still in solitary confinement for his involvement in the education protest.

Any comment will have to include those whom lost their lives in the military crackdowns of 1973 and 2010.

Amnesty!! Didn't happen but the amnesty by the military did and enshrined in the interim constitution.

Try opening your eyes and keep off the Kool-Aid.

[ginjag]

All I see is a very insecure regime and needed all the repressive and censorship laws to stay in power. The power abuse started when they stage the coup and never ceased and have been relentless in curbing freedom of expression, arresting dissidents and making sure that an unwelcome election outcome will not happen.

Ah those poor dissidents who got arrested (because they wanted to and kept pushing until it happened) but then were released.

Any comment about the 30 murders of protesters under your 'democracy' ?.

Any comment on the 310:0 amnesty bill which started it all off ?.

No, I thought not. Please check my signature.

Too much drinking the Junta Kool-Aid to forget Student Aung still in solitary confinement for his involvement in the education protest.

Any comment will have to include those whom lost their lives in the military crackdowns of 1973 and 2010.

Amnesty!! Didn't happen but the amnesty by the military did and enshrined in the interim constitution.

Try opening your eyes and keep off the Kool-Aid.

Amnesty did not happen --they got thrown out over it--------stick to your drink

[Eric Loh]

All I see is a very insecure regime and needed all the repressive and censorship laws to stay in power. The power abuse started when they stage the coup and never ceased and have been relentless in curbing freedom of expression, arresting dissidents and making sure that an unwelcome election outcome will not happen.

Ah those poor dissidents who got arrested (because they wanted to and kept pushing until it happened) but then were released.

Any comment about the 30 murders of protesters under your 'democracy' ?.

Any comment on the 310:0 amnesty bill which started it all off ?.

No, I thought not. Please check my signature.

Too much drinking the Junta Kool-Aid to forget Student Aung still in solitary confinement for his involvement in the education protest.

Any comment will have to include those whom lost their lives in the military crackdowns of 1973 and 2010.

Amnesty!! Didn't happen but the amnesty by the military did and enshrined in the interim constitution.

Try opening your eyes and keep off the Kool-Aid.

Amnesty did not happen --they got thrown out over it--------stick to your drink

Yes you can demonstrate and the senators can throw out the bill when we have democracy. You still drinking that stuff?

[Baerboxer]

All I see is a very insecure regime and needed all the repressive and censorship laws to stay in power. The power abuse started when they stage the coup and never ceased and have been relentless in curbing freedom of expression, arresting dissidents and making sure that an unwelcome election outcome will not happen.

There's none as blind as them who don't want to see Eric.

All Yingluck has to do is present the real accounts and show where all the money actually went. Then show she managed and directed the scheme to her best ability and wasn't negligent.

Then she will have no case to answer and the government and NACC will look foolish.

On the other hand ...............................

Le't keep to the case facts, and not try to divert shall we?

Absolutely with you that the case should rest upon its evidences and legal burden on the prosecutors to prove beyond a reasonable doubt. No need for the premier to repeatedly comment prejudicially on the case and abetting the prosecutors by Article 44. So far, that's what I see are bullying and harassment and the case have not even started. Some here have even concluded and convicted her for corruption. I am sure you not one of them, right?

She's being tried for negligence - and would be advised to defend that charge robustly. It seems very hard to show due diligence when never actually attending and chairing meetings, after appointing yourself the Chair. I'm sure you would agree?

Or ignoring warnings from qualified international organizations and internal people, taking no apparent action simply dismissing them whilst stating that she was in charge and making the decisions herself. Do you agree?

Or, seemingly, for ensuring bona fide accounts were kept, regularly presented at management meetings and audited. Do you agree?

I will wait to read her defenses of how she acted before deciding if she in negligent as charged. Interesting to see if she addresses them, won't it?

AFAIK, she has not been charged with corruption, in this scheme or any other; or being complacent in the illegal issuing of new passport to her criminal brother; or with associating with a known criminal fugitive; or any other offence connected with her duties, Should she be so, I would again wait to see the charges, evidence and read her defense, before deciding.

I didn't know, it wasn't me, or simply making irrelevant statements to avoid answering the questions does not constitute a good defense.

[MZurf]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

Hi John,

Abuse of power is also overthrowing an elected government and granting themselves an amnesty - the very thing they used as an excuse for the coup. Don't you agree, John?

[waza]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

Hi John,

Abuse of power is also overthrowing an elected government and granting themselves an amnesty - the very thing they used as an excuse for the coup. Don't you agree, John?

No it isn't............

"Abuse of power, in the form of "malfeasance in office" or "official misconduct," is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election."

However it is a moral and just cause for a coup against a caretaker government, that cant govern. (even after sending their red supporters into violently breakup legitimate peaceful protestors.

Edited November 3, 2015 by waza

[candide]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

Hi John,

Abuse of power is also overthrowing an elected government and granting themselves an amnesty - the very thing they used as an excuse for the coup. Don't you agree, John?

No it isn't............

"Abuse of power, in the form of "malfeasance in office" or "official misconduct," is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election."

However it is a moral and just cause for a coup against a caretaker government, that cant govern. (even after sending their red supporters into violently breakup legitimate peaceful protestors.

THAI_BLACK_SHIRTS.jpg

"Legitimate peacefull protestors"! They had blocked elections once, and were further trying to oust the legal caretaker government in order to replace it by an unelected government of their choice (and of course also prevent other elections).

As for the caretaker government that can't govern, it did not intend to remain in power. It was just merely trying to organise elections (due in July if I remember well) and then let the elected government govern.

Edited November 3, 2015 by candide

[MZurf]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

Hi John,

Abuse of power is also overthrowing an elected government and granting themselves an amnesty - the very thing they used as an excuse for the coup. Don't you agree, John?

No it isn't............

"Abuse of power, in the form of "malfeasance in office" or "official misconduct," is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election."

However it is a moral and just cause for a coup against a caretaker government, that cant govern. (even after sending their red supporters into violently breakup legitimate peaceful protestors.

THAI_BLACK_SHIRTS.jpg

"Legitimate peacefull protestors"! They had blocked elections once, and were further trying to oust the legal caretaker government in order to replace it by an unelected government of their choice (and of course also prevent other elections).

As for the caretaker government that can't govern, it did not intend to remain in power. It was just merely trying to organise elections (due in July if I remember well) and then let the elected government govern.

Please don't try to confuse waza with facts as he easily gets confused.

[halloween]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

You are deliberately missing the point for a red rage rant.

The order protects the very criminals that ripped off the scheme, and still own warehouses and mills, and still are ripping farmers off.

Wake up, sleepyhead.

Abuse is the norm.

Your post is a deliberate misrepresentation of the OP which says 'Prayut, .......... had issued Order 39/2558 to provide legal protection to government officials and entities handling controversial and politically sensitive cases.'

[ddavidovsky]

She's being tried for negligence - and would be advised to defend that charge robustly. It seems very hard to show due diligence when never actually attending and chairing meetings, after appointing yourself the Chair. I'm sure you would agree?

Or ignoring warnings from qualified international organizations and internal people, taking no apparent action simply dismissing them whilst stating that she was in charge and making the decisions herself. Do you agree?

Or, seemingly, for ensuring bona fide accounts were kept, regularly presented at management meetings and audited. Do you agree?

I will wait to read her defenses of how she acted before deciding if she in negligent as charged. Interesting to see if she addresses them, won't it?

AFAIK, she has not been charged with corruption, in this scheme or any other; or being complacent in the illegal issuing of new passport to her criminal brother; or with associating with a known criminal fugitive; or any other offence connected with her duties, Should she be so, I would again wait to see the charges, evidence and read her defense, before deciding.

I didn't know, it wasn't me, or simply making irrelevant statements to avoid answering the questions does not constitute a good defense.

Negligence is in the eye of the beholder, particularly the political opposition. The question is, did YL personally break any laws? Quite evidently not.

Anyone could claim negligence of any government over all sorts of issues - and particularly the present government. But even they can't be tried retrospectively for administrative negligence, only for law-breaking, such as taking power by force.

[MiKT]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

Hi John,

Abuse of power is also overthrowing an elected government and granting themselves an amnesty - the very thing they used as an excuse for the coup. Don't you agree, John?

No it isn't............

"Abuse of power, in the form of "malfeasance in office" or "official misconduct," is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election."

However it is a moral and just cause for a coup against a caretaker government, that cant govern. (even after sending their red supporters into violently breakup legitimate peaceful protestors.

THAI_BLACK_SHIRTS.jpg

Well if an army that is supposed to protect the country plots for two years with opposition politicians known for their corruption to cause riots and then uses this as the excuse to overthrow a lawfully elected government isn't malfeasance (as well as treason) I dont know what is.

[MiKT]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

You are deliberately missing the point for a red rage rant.

The order protects the very criminals that ripped off the scheme, and still own warehouses and mills, and still are ripping farmers off.

Wake up, sleepyhead.

Abuse is the norm.

Your post is a deliberate misrepresentation of the OP which says 'Prayut, .......... had issued Order 39/2558 to provide legal protection to government officials and entities handling controversial and politically sensitive cases.'

They misuse the law to prosecute the lawfully elected government they unlawfully overthrew; and then say this law is not able to protect the accusers from being prosecuted for their actions. The usual total hypocrisy from the same old coup protectors.

[Thai at Heart]

Abuse of power in this context is "a person using the power they have for their own personal gain".

Abuse of power is corrupt politicians voting for an amnesty bill to forgive themselves of all crimes of corruption since 2004.

Anyone crowing now who didn't say anything against the amnesty bill is not worth listening to.

The prosecution of Yingluck over a real event where 500 billion of a 600 billion budget was 'lost' is called accountability and justice in the rest of the world.

Hi John,

Abuse of power is also overthrowing an elected government and granting themselves an amnesty - the very thing they used as an excuse for the coup. Don't you agree, John?

No it isn't............

"Abuse of power, in the form of "malfeasance in office" or "official misconduct," is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a for cause removal of an elected official by statute or recall election."

However it is a moral and just cause for a coup against a caretaker government, that cant govern. (even after sending their red supporters into violently breakup legitimate peaceful protestors.

THAI_BLACK_SHIRTS.jpg

Isn't the crime sedition?