The Appeal Court on Tuesday upheld the dismissal of former prime minister Yingluck Shinawatra's countersuit against attorney-general Trakul Winitnaiyapak and three prosecutors for alleged malfeasance in their handling of the rice-pledging case against her.
The court ruled that their actions were lawful and in line with their authority. It agreed with the Criminal Court ruling on Oct 10 last year to dismiss Ms Yingluck’s case in the complaint examination stage.
In her lawsuit, Ms Yingluck accused Mr Trakul, Chutichai Sakhakorn, Surasak Treerattrakul and Kittinan Thatpramuk of malfeasance under Section 157 and of failing to properly perform their duties under Section 200 of the Criminal Code.
The attorney-general and the three prosecutors failed to further investigate four major contentious points against her, including allegations of corruption and dereliction of duty. Instead, the attorney-general decided to indict her in the Supreme Court's Criminal Division for Holders of Political Positions an hour before the National Legislative Assembly voted to impeach her.
The timing could have had a hidden agenda and this was an unlikely coincidence.
Ms Yingluck also said prosecutors claimed she was aware of corrupt practices in the rice scheme, and allowed them to continue. This accusation was made by the prosecutors, in addition to what the NACC originally stated in its investigation report.
The lower court said Ms Yingluck's claims came from news media which were unofficial and the prosecutors had properly complied with the law on criminal procedures against holders of political positions and related regulations.
It found they had not mishandled their duty and had no intention to bring harsher penalties against her.