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PM insulated from order on Yingluck damages

Posted by pakin On October - 15 - 2015

Wissanu say only endorsement from Finance minister needed to seek compensation over rice scheme

PRIME MINISTER Prayut Chan-o-cha did not need to ink an administrative order to have ex-PM YingluckShinawatra pay compensation for losses over the rice pledging scheme as only an endorsement of the Finance Minister was needed, Deputy Prime Minister Wissanu Krea-ngam said yesterday.

Wissanu was speaking after Yingluck’s lawyer argued that the PM’s move to issue an administrative order to make Yingluck pay compensation might be deemed abuse of authority and motivated by politics.

Wissanu said legal specialists met half a month ago and resolved that the PM did not need to endorse the administrative order in the latter half of the legal procedures to make Yingluck pay compensation for damages incurred in the rice subsidy scheme.

“Article 5 of the Liability of Wrongful Act of State Official 1996 stipulates that when state officials who committed a wrongful act are not under the jurisdiction of any agency, the Finance Ministry will be in charge of the case. Yingluck is not under the jurisdiction of any ministry, so her case will be under the responsibility of the Finance Ministry, Wissanu said.

Wissanu defended against criticism that legal specialists were resorting to a legal tactic to prevent Prayutfrom being sued for abuse of power.

“We are not trying to protect the PM. Look into the law. The PM co-signs with the ministers in charge of the case only in the first half of the procedure and not the latter half. If General Prayut must sign but he fails to do so, then the order will be invalid. The PM has announced that if there is anything wrong, he will take responsibility,” Wissanu said.

Wissanu said the PM himself was taken by surprise when he learned he needed not to sign any more documentation.

He added that the government would continue with its decision to issue the administrative order in Yingluck’s case because if the government does not take action before the two-year statute of limitations expires, the National Anti-Corruption Commission would sue the government and make it pay the compensation for the losses over the rice subsidy.

Norawit Lalaeng dismissed a statement made by Wissanu that the government had no alternative but to take recourse under the Liability of Wrongful Act of State Official 1996 because Yingluck committed gross negligence over her handling of the rice pledging scheme.

He cited that the Charter Organic Law on Anti-Corruption Act 1999 did not specify which law must be applied to seek compensation.

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