Yingluck writes to PM over 'inaccurate' reasons
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FORMER prime minister Yingluck Shinawatra has written an open letter to PM Prayut Chan-o-cha seeking justice over the current government's attempt to seek massive compensation for damages estimated at around Bt600 billion caused by the previous governmen
Yingluck, who faces a civil compensation lawsuit, said there were two inaccurate reasons reported to Prayut concerning the latest legal attempt.
First, Prayut 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 BE 2539, the statute of limitation would be two years. Second, the case could only be executed under the Regulation of the Office of the Prime Minister on the tort actions of the government officer BE 2539.
In the letter, Yingluck said both reasons were not accurate as she argued the statute of limitation would not start until the criminal case against her under Criminal Code Section 157 at the Supreme Court’s Criminal Division for Persons Holding Political Positions is adjudicated. 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 15 years in accordance with Criminal Code Section 157, not one or two years as reported to the Prayut, the letter read.
“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 a sufficient period of time for officers related to this case to investigate facts and evidence.”
“If the facts are as I suggested, the fact-finding panel will then have sufficient time to fairly investigate existing evidence and witnesses, including experts. The case then will not be so unfairly accelerated so that I, the accused, can have a fair trial,” Yingluck said in the letter.
She also said that if the government decides to file the civil charge against her in the Civil Court, responsible government officers would have sufficient time to investigate the case thoroughly and justlyand the National Council for Peace and Order would have no need to issue Order No 39/2558, which is against “the rule of law” and discriminating.
