THURSDAY, March 28, 2024
nationthailand

Prayut urged to drop civil liability case against Yingluck

Prayut urged to drop civil liability case against Yingluck

Former prime minister Yingluck Shinawatra’s lawyer yesterday urged Prime Minister Prayut Chan-o-cha to review his decision to seek civil liabilities from the former premier for massive losses resulting from her government’s rice-pledging scheme.

Noppadon Laothong, who represents Yingluck in legal cases stemming from the corruption-plagued project, said her case was comparable to that of former Bank of Thailand governor Rerngchai Marakanond, who was acquitted by the Supreme Court on Wednesday. 
The lawyer said he would hand a written petition to the prime minister along with the Supreme Court verdict in Rerngchai’s case, which he described as a new precedent for similar cases against policymakers.
Noppadon, who was also Rerngchai’s lawyer, pointed out that both Yingluck and the former central bank governor were being held responsible for damages stemming from government policies. 
He added that according to the court’s verdict on Wednesday, Rerngchai had made decisions in line with his duties and it was possible for financial damages to occur. The lawyer added that government policies should not be assessed in terms of profit or loss.
Rerngchai was serving as governor of the Bank of Thailand when the Asian financial crisis hit Thailand in 1997. 
A previous government filed a civil case against him in 2001 seeking damages of Bt185 billion for losses caused by the central bank’s defence of the baht, which was targeted by speculators just before the currency crashed. 
The national reserves were depleted due to the defence of the baht, which at that time was pegged to the US dollar. The Thai currency dropped drastically from Bt25 to a dollar to Bt48. 
On Wednesday, the Supreme Court cleared Rerngchai from civil penalties. He was the only central bank official to be taken to court for severe negligence under the 1996 Tort Liability Act.
The court ruled that the former central bank chief did not commit recklessness resulting in severe damages and upheld an Appeal Court verdict in 2010 that overturned a lower court’s ruling imposing penalties of Bt185 billion on Rerngchai.
Noppadon said yesterday that instead of “taking a shortcut” by seeking civil damages against Yingluck, the government should take the case to the Civil Court as was done in Rergchai’s case. 
“Yingluck should not be held responsible for damages resulting from policy decisions. Note the court ruling in Rerngchai’s case,” the lawyer said.
In a related development, representatives from state agencies responsible for determining offenders in irregularities related to the rice-pledging scheme will be meeting on Monday to finalise the names of people deemed responsible for the losses. Justice Minister Paiboon Koomchaya will chair the meeting.
The so-called offenders will be held responsible for 80 per cent of damages from the project, with the remainder paid by Yingluck as she was government head at the time of losses. 
The participants will sort out the offenders from 853 complaints filed in 33 provinces against state officials and private rice stock surveyors, according to Prayong Preeyachitt, secretary-general of the Public Sector Anti-Corruption Commission. 
Prayong said the final list of offenders should be available in six months.
Officials subject to investigation are from the Market Organisation for Farmers, Public Warehouse Organisation and Bank for Agriculture and Agricultural Cooperatives.
RELATED
nationthailand