Ministry 'must seek' rice compensation

Ministry 'must seek' rice compensation

New panel needed to claim remaining 80%

Manas Jamveha, the director-general of the Comptroller-General’s Department, has billed ex-premier Yingluck Shinawatra for 35.7 billion baht and says he has no choice but to recover another 142.8 billion from her former government colleagues. (Photo by Seksan Rojjanametakul)
Manas Jamveha, the director-general of the Comptroller-General’s Department, has billed ex-premier Yingluck Shinawatra for 35.7 billion baht and says he has no choice but to recover another 142.8 billion from her former government colleagues. (Photo by Seksan Rojjanametakul)

The Finance Ministry will need to set up a separate committee to seek the remaining compensation for losses incurred in the rice-pledging scheme after a 35.7-billion-baht fine was imposed on ex-premier Yingluck Shinawatra.

Manas Jamveha, the director-general of the Comptroller-General's Department, who chairs the committee pursuing civil liability claims in the state sector, on Monday explained the process to seek the rest of the compensation from others also allegedly responsible for damage caused by the rice-pledging scheme.

On Saturday, the panel concluded that Ms Yingluck was liable for 20% of the total, or 35.7 billion baht in damages for her role in the scheme that incurred losses of 178 billion baht between the 2012-2013 and 2013-2014 rice crop seasons.

The panel did not find her responsible for losses in the 2011-2012 season.

However, a separate panel will need to be set up to pursue claims against others who have also been linked to the losses in the scheme so the state can recover the remaining 80% in damages as compensation payments, Mr Manas said.

If the new panel finds any state officials caused damages on purpose or by negligence, the panel will forward its findings to the Finance Ministry for consideration, he said.

Ms Yingluck as prime minister was the highest authority overseeing national rice policy.

Ms Yingluck is also being tried in the Supreme Court's Criminal Division for Political Office-Holders and faced impeachment last year in the National Legislative Assembly over her alleged dereliction of duty regarding the rice-pledging scheme.

Also on Monday, Deputy Prime Minister Wissanu Krea-ngam explained the Comptroller-General's Department has determine that the damages to be sought of 178 billion baht must be shared proportionally among those responsible for losses caused by the rice scheme.

The decision was based on Section 8 of the 1996 law governing liabilities in the state sector which protects a debtor from shouldering liabilities owed by other debtors in the same damage compensation case.

In light of this, the panel decided to set the damages figure at 35.7 billion baht or 20% of the total losses for Ms Yingluck.

It is now up to the Finance Ministry to find others involved and make them pay for the rest, Mr Wissanu said.

Ms Wissanu insisted the government did not invoke Section 44 of the interim charter to seize assets from politicians.

As the panel pursuing the liabilities in the rice case has decided to impose the fine in the Yingluck compensation case, the next step is to seize assets worth the amount sought.

Ms Yingluck has the right to petition the Administrative Court for a temporary injunction against the assets seizure, Mr Wissanu said.

However, since the value of assets to be seized from Ms Yingluck is sizeable, the government invoked Section 44 to authorise the Legal Execution Department (LED), which has experience in confiscating assets to do the job, Mr Wissanu said.

The LED will seize the assets only after the court upholds the compensation order imposed by the Manas panel, Mr Wissanu added.

In a statement declared to the National Anti-Corruption Commission in May 2015, a year after she left office, Ms Yingluck's total assets were worth 579 million baht.

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