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Yingluck asks PM to halt civil compensation claim from her


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Yingluck asks PM to halt civil compensation claim from her

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BANGKOK: -- Former prime minister Yingluck Shinawatra wrote another letter today requesting the prime minister to stop the ongoing civil procedure by the Finance Ministry to demand compensation from her for damages caused by her rice-pledging scheme.

She wrote on her Facebook page that she has designated her lawyers to forward her letter to the prime minister and the finance minister today.

Although she said she did not expect positive response from the prime minister as she has already written six similar letters seeking their intervention to stop the civil claim, but she stressed it was necessary because the chairman of the committee tasked with the civil claim is scheduled to testify before the Supreme Court’s Criminal Division for Political Office Holders as state witness, accusing her of causing damages to the country.

Ms Yingluck went on saying that the ministry’s appointment of the committee to pursue compensation claim from her is unconstitutional, arguing that as criminal trial is still ongoing and not yet finished, she, as a defendant, is therefore protected under the justice system.

Besides, she said, the Finance Ministry is not a damaged party, therefore it is illegitimate to demand civil compensation from her.

She added that as there is no existing law that accepts the assessment of the damages is right and fair to her, any ongoing civil procedure to demand compensation from her alone is therefore unjustified.

She then demanded that the ongoing compensation claim be stopped and her case go on in accordance with the justice system.

Source: http://englishnews.thaipbs.or.th/content/148745

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-- Thai PBS 2016-01-29

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Rice scam was not fair to all those farmers who committed suicide while waiting for payments which she as chairperson of the rice scam hadn't organised - they were stopped because what she was trying to do was illegal.

Maybe she should be charged with manslaughter as well.

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Nobody answered her letters.

Well ys:

- You ignored numerous very serious comments from respected national and international organizations that the whole scheme was in deep trouble and had numerous irregularities.

- You and your cousin ignored numerous official letters from the ombudsmen.

Funny how things come back to bite you where it hurts.

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Normally, court cases have precedence over administrative proceedings. The legal standard is higher. Yingluck is looking for this. She wants the court case to be pre-emptive, relieving her of the burden of defending against similar charges in two different venues.

The International Covenant on Civil and Political Rights provides some support.

"No one shall be liable to be tried or punished again for an offence for which he has already been finally convictedor acquitted in accordance with the law and penal procedure of each country."

Edited by phoenixdoglover
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it is highly unusual for an publicly elected prime minister to be personally liable for acts while in office.

more unusual still to demand compensation before the guilt is established in court.

its everyday life in thailand i guess since all tv members seem to see the fault also with the former publicly elected rather than the junta bah.gif

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So if compensation is being demanded of her for the damage her governments rice subsidy caused the country and some kind of legal process allows this , it follows that the same legal process can and should be used against all politicians who in the past have damaged the country.

Wow ........what a can of worms.

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Making politicians personnally accountable for the damage they sometimes do to their country would be a huge innovation in the field of democracy.

Of course, and for obvious reasons, no elected assembly in the world would ever vote a law implementing such a practise.

Here we have a military junta who is about to make this unprecedented move. Why ? because they can. The right move for the wrong reasons. Oh, the irony.

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Making politicians personnally accountable for the damage they sometimes do to their country would be a huge innovation in the field of democracy.

Of course, and for obvious reasons, no elected assembly in the world would ever vote a law implementing such a practise.

Here we have a military junta who is about to make this unprecedented move. Why ? because they can. The right move for the wrong reasons. Oh, the irony.

This right move would be in the new draft...

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it is highly unusual for an publicly elected prime minister to be personally liable for acts while in office.

more unusual still to demand compensation before the guilt is established in court.

its everyday life in thailand i guess since all tv members seem to see the fault also with the former publicly elected rather than the junta bah.gif

It's also highly unusual for most of what she did while she was in office. Time to pay the Piper!
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it is highly unusual for an publicly elected prime minister to be personally liable for acts while in office.

more unusual still to demand compensation before the guilt is established in court.

its everyday life in thailand i guess since all tv members seem to see the fault also with the former publicly elected rather than the junta bah.gif

She's being charged for negligence. She was in charge of the rice scam and ignored many requests from many organizations to either clarify what was going on or to just stop completely. No innocence here. This was a scheme by her brother to corner the rice market and make big money. The gamble didn't pay off and now Thailand will be dealing with this financially for many years to come. She was responsible. I think it's great politicians are held responsible for the misdeeds. Wish they'd do that in my home country!!! LOL

And yes, highly unusual. But seems to be tried in other countries as well:

http://www.ifp.org.za/newsroom/government-officials-must-be-held-personally-accountable-for-their-blunders/

The Inkatha Freedom Party in KwaZulu-Natal welcomes the ruling of the Pietermaritzburg High Court that ordered two Kokstad Municipality officials to pay back the money after they were found to be negligent in doing their work.

“This ruling is a bold step in the right direction as it sends a clear message to all state employees that they can be held personally accountable for their actions. Officials who are employed and entrusted to do to a particular job must understand the responsibilities that come with their work. They apply for the post and declare via their CVs that they are competent and qualified for the post. They were not forced into those posts, so they must do their work with diligence and honesty. Far too often officials at all levels of government are found to have been negligent in their work and their negligence or incompetence results in huge financial losses for the state while they get away with a slap on the wrist or resign”, said IFP Spokesperson on Cooperative Governance and Traditional Affairs, Inkosi Mzamo Buthelezi, MPL.

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Maybe she should just pay the amount being sought in exchange for charges being dropped.

That should satisfy the finance ministry, and many opponents as well as take care of a lot of the money problems (stolen).

She might come out a hero or at least accepted as being responsible / sensible, unlike the rest of the clan.

J8ust another option instead of pleading, begging, and crying

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it is highly unusual for an publicly elected prime minister to be personally liable for acts while in office.

more unusual still to demand compensation before the guilt is established in court.

its everyday life in thailand i guess since all tv members seem to see the fault also with the former publicly elected rather than the junta bah.gif

It is also unusual for a vacuous air head to be voted into office as a proxy for her father-brother and the implement a corrupt scheme aimed at enriching him and his friends.

LOS - Land Of Suprising precedents

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So if compensation is being demanded of her for the damage her governments rice subsidy caused the country and some kind of legal process allows this , it follows that the same legal process can and should be used against all politicians who in the past have damaged the country.

Wow ........what a can of worms.

And against any politician who is doing it at the moment or in the future.

Waddya think General?

Edited by Enoon
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