Government targets Yingluck's assets over rice scheme!!!

 

 

The government said it intends to seize the assets of

 ex-premier Yingluck Shinawtra to pay for losses in

her government's rice-purchase scheme, prompting an

 "open letter" to the prime minister.

 (Photo and open letter from the Y.Shinawatra Facebook account)

The government plans to issue an administrative order to claim

 the assets of ex-premier Yingluck Shinawatra to compensate

\the state for losses incurred from her administration's

 rice-pledging scheme – a move which will bypass

 court procedures.

It claims the action is to prevent the case from expiring

based on the two-year statute of limitations, which will

expire in February 2017.

Deputy Prime Minister Wissanu Krea-ngam said Monday

 that the planned administrative order is in compliance with

 the 1996 Act on Liability for Wrongful Acts of Officials.

 Administrative courts are allowed are allowed to demand

compensation from officials found guilty of committing

 gross negligence or deliberate actions that result in damage

 to the state, according to Section 10 of the law, he said.

The deputy prime minister said the administrative order is

 based on the findings by the National Anti-Corruption

Commission (NACC) that pointed to gross negligence in

 the rice scheme, resulting in damages to the state.

"If the defendants think the order is unfair, they can appeal

 to the Administrative Court to have it revoked," he added.

 

 Ms Yingluck quickly criticised the move on her Facebook

 page, saying that the government is trying to act like a court

 itself, adding the order is only intended to avoid a hefty court

 fee if the case is brought to a civil trial.

The full English-language text of the letter is at her Facebook

 account. She also requested the government hold off on seizing

 her assets -- and filing the civil court case -- until the

Supreme Court's Criminal Division for Political Office-Holders

gives its ruling on a related criminal case against her.

See also: Arrest warrant issued for Thaksin

 

Mr Wissanu dismissed the criticism, saying the law has been

on the books for almost 20 years and more than 300 cases

 had been filed under it.

"Ms Yingluck will receive justice under the law," he said,

adding that if the government lets the civil case expire in

February 2017, it could also face prosecution for negligence.

"We have no choice. If we took the case to the civil court as

 originally planned, we would have to compromise by

charging her with a lesser offence. Since the NACC accused

 her of severe dereliction of duty, it has to be this way," he said.

 Ms Yingluck will still have the right to petition the

 Administrative Court to revoke the government's

 administrative order.

The government has set up two panels to determine if Ms
Yingluck and 21 other people are financially liable for the losses
 incurred by the rice scheme.

The NACC accuses Ms Yingluck of dereliction of dutywhen

 she was prime minister by failing to stop the losses and

rampant corruption in the scheme she was supposed to

 be overseeing.

Ms Yingluck asked Prime Minister Prayut Chan-o-cha in

an open letter -- also posted on Facebook -- to halt the

seizure of her assets and let the court process take its course.

Her lawyer will submit the letter to Gen Prayut through

 the Government House's complaints centre tomorrow morning,

 she said in the letter.

 "I feel worried because one of your legal advisers publicly

 stated that claiming damages in the civil case would cost

 the government enormous court fees although taking the

 case to court is the best way to maintain justice.

"Your legal adviser has tried to misinterpret the law and legal

 mechanisms to claim damages by advising you to issue an

administrative order …to seize my assets just to avoid the

 court fees," she said in the statement.

 Ms Yingluck also asked Gen Prayut to reconsider the

 administrative order and stop bypassing court procedures

 by using the order  to seek civil compensation.

 "By exercising the administrative order, you do not even

 have to consult the cabinet. It means that you are using your

power as if you were a judge while the criminal case trial is

 still under the legal process in court," the letter stated.

 She also asked that until after the Supreme Court issues

 its ruling on the criminal case, the government should

 delay filing the civil claim through the court, or it would be

unfair to her if she is found guilty.

 "I sincerely hope that you assigned the fact-finding committee

 to investigate the case under the due process of law to provide

justice and adhere strictly to the [law] without unnecessarily
 speeding up the case to reach a verdict.

 "I hope that you will ensure fair and just opportunities for

 the relevant persons to present evidence," she added.

Since Gen Prayut became prime minister, Ms Yingluck said

she has been "mistreated" over the rice policy which had been

 endorsed by parliament.

"The National Legislative Assembly impeached me even

though I no longer held the [prime minister] position

 because I had already resigned and was also disqualified

 from the position by the Constitutional Court," she wrote.

 Deputy Prime Minister and Defence Minister Prawit

Wongsuwon insisted the move to invoke the order to seize

 assets from Ms Yingluck followed the law.

 

News,Politics,Bangkok Posts ,13 October 2015.

 

I agree with the government plans to issue an administrative

 order to claim the assets of ex-premier Yingluck Shinawatra

to compensate the state for losses incurred from her

 

administration's rice-pledging scheme.

 

I have some question,why the justice by  the Supreme

 Court's Criminal Division for Political Office-Holders

 take so long time to rule the case for the loss from the

 corruption is already clear.

 

And there is also the report of the loss and the corruption

from rice scheme by TDRI to support to rule the case also.

 

Sincerely Yours.