Speedy Yingluck asset seizure: 'We have no choice'

Govt order to quickly seize Yingluck's assets to pay for rice scheme losses to avoid February, 2017 statue of limitations expiration. Govt trying to act as court itself, says Yingluck on Facebook.

POLITICS & THE LAW

Yingluck asset seizure: 'We have no choice'

Administrative order will bypass court
13/10/2015
Adapted from article by Patsara Jikkham

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.

ORDINARY COURT CASE TOO SLOW

The government claims the action is to prevent the case from expiring based on the two-year statute of limitations, which will expire in February 2017...

Administrative courts are allowed to demand compensation from government officials found guilty of committing gross negligence or deliberate actions that result in damage to the state, according to Section 10 of the 1996 Act on Liability for Wrongful Acts of Officials.

The law has been on the books for almost 20 years and more than 300 cases had been filed under the law.

The administrative order is based on the findings by the National Anti-Corruption Commission (NACC) that pointed to gross negligence in the rice pledging scheme, resulting in damages to the state.

If the government lets the civil case expire in February 2017, the government itself could 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," said Deputy Prime Minister Wissanu Krea-ngam

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 pledging scheme.

Ms Yingluck will still have the right to petition the Administrative Court to revoke the government's administrative order.

YINGLUCK FACEBOOK DEFENCE

Ms Yingluck criticised the move to seize her assets on her Facebook page, saying that the government is trying to act like a court itself...

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

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...

"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 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...

http://www.bangkokpost.com/news/politics/727368/government-targets-yingluck-assets-over-rice-scheme

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