Yingluck begs for justice from Prayut
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Former premier Yingluck Shinawatra has written an open letter to prime minister Prayut Chan-O-cha seeking justice over the current government's attempt to seek a massive compensation for damages caused by the previous government's rice-pledging scheme w
Yingluck, who is facing a likely civil compensation lawsuit, said there are two inaccurate reasons reported to Prayut concerning the latest legal attempt. First, the prime minister was told the civil compensation case has a statute of limitation of one year and if the case is filed under the Tort Liability of Government Officer Act B.E. 2539, the statute of limitation would be 2 years.
Secondly, the case could only be executed under the Regulation of the Office of the Prime Minister on the tort actions done by government officer B.E. 2539.
In the letter to Prayut, Yingluck said both reasons were not accurate as she argued that the statute of limitation will not start until the criminal case against her under the criminal code section 157 to the Supreme Court’s Criminal Division for Persons Holding Political Positions is done. Therefore, the civil case’s statute of limitation must comply with the criminal case’s statute of limitation of 15 years according to the Civil and Commercial code section 448.
As a result, the statute of limitation in this civil case is therefore 15 years in accordance with criminal code section 157, not 1 or 2 years as reported to the Prime Minister, according to Yingluck's letter.
"I urge the Prime Minister to check the two suggested legal issues with the Office of the Council of State in order to provide justice to me, the accused and to provide sufficient period of time to officers related to this case to investigate facts and evidences."
"If the facts are as I suggested, the fact finding panel will then have sufficient time to fairly investigate existing evidences and witnesses including experts. The case then will not be so unfairly accelerated that I, the accused, can have a fair trial," Yingluck said in the letter.
She also said if the government decides to file the civil charge against her in the Civil Court, responsible government officers will have sufficient time to thoroughly and justly investigate the case and the National Council for Peace and Order would have no need to issue the NCPO order number 39/2558 which is against “the rule of law” and discriminating.
