Yingluck seeks to delay impeachment hearing

Yingluck seeks to delay impeachment hearing

Prompong denies move a political ploy

Former prime minister Yingluck Shinawatra is seeking the postponement of a National Legislative Assembly (NLA) hearing on Nov 12 which will decide whether the assembly will proceed with an impeachment bid against her.     

A team of lawyers representing Ms Yingluck and Pheu Thai Party members yesterday went to parliament and handed a letter to NLA president Pornpetch Wichitcholchai to oppose an NLA bid to impeach Ms Yingluck.

Yingluck: Faces two separate NACC cases

A parliamentary staff member received the letter on Mr Pornpetch's behalf.

The NLA has included the impeachment request on the agenda of a meeting scheduled for Nov 12.

The National Anti-Corruption Commission (NACC) has accused Ms Yingluck of dereliction of duty for failing to stop corruption and losses in her government's rice-pledging scheme and asked the NLA to impeach her.

She chaired the National Rice Policy Committee when she was premier.

The anti-graft body has pursued two separate cases against Ms Yingluck over the rice scheme.

One case, which is now with the NLA, involves impeachment proceedings and the other seeks to indict her in the Supreme Court's Criminal Division for Holders of Political Positions.

The NACC cited the 2007 charter as the basis for impeaching Ms Yingluck.

The charter says that after the government delivers a policy statement address before parliament, it must take responsibility for the implementation of its policy.

The NACC said that Ms Yingluck violated the charter because she was negligent in failing to scrap the rice scheme.

Anek Khamchum, one of the legal team, said the 2014 provisional constitution did not include provisions for the impeachment of holders of political positions, adding that regulations governing an impeachment process require the NLA president to send copies of the NACC's impeachment case report to all NLA members as well as the accused, Ms Yingluck.

But Ms Yingluck's legal team has not yet received the documents from the NLA, Mr Anek said, adding that he will ask the NLA to postpone the Nov 12 hearing so the legal team and Ms Yingluck can have time to study the report and prepare her defence. Mr Anek denied trying to drag out the case, saying Ms Yingluck and her lawyers have complied with the law.

Pheu Thai spokesman Prompong Nopparit denied the party was conducting a political ploy, but only exercising its legal rights, adding that NLA members should take into account the principles of reconciliation and unity as set out in the National Council for Peace and Order's road map.

On Nov 12, the NLA will summon the NACC and Ms Yingluck to give their opening statements.

Ms Yingluck can appear in person or submit her written statements.

If the NLA decides to launch an impeachment bid against her, impeachment proceedings will take no more than 45 days.

An impeachment requires backing from at least three-fifths of NLA members — or 132 out of 220 members.

If impeached, Ms Yingluck will be banned from politics for five years.

Sources from the NLA and Ms Yingluck's supporters believe that the NLA will push for her impeachment until it is successful and then push for a five-year political ban for her.

This is because although the 2007 charter which provides the basis for the impeachment was abolished after the May 22 coup, impeachment could still proceed under state administration and NACC laws.

Moreover, a joint panel of NACC members and public prosecutors will meet tomorrow to decide who will indict Ms Yingluck over the rice-pledging scheme in the Supreme Court's 's Criminal Division for Holders of Political Positions.

The Office of the Attorney-General (OAG) previously refused to accept a recommendation by the NACC to indict Ms Yingluck in the Supreme Court for dereliction of duty for her handling of the scheme. 

The NACC said her negligence was in violation of Section 157 of the Criminal Code and Section 123/1 of the National Anti-Corruption Act.

Instead, the OAG called for a joint panel to re-investigate the case, saying the NACC's probe was incomplete.

Meanwhile, an NLA source believes the assembly is unlikely to accept the impeachment bid against former Senate speaker Nikhom Wairatpanich and ex-House speaker Somsak Kiatsuranon at today's vote.

This would be to avoid any legal battle that would follow, given that the 2007 constitution on which the charges were brought has been abolished.

However, the source said that during today's debate, some NLA members from the anti-Thaksin Group of 40 Senators will try to convince other NLA members to accept and move ahead with the impeachment bid.

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