The National Anti-Corruption Commission (NACC) has decided to seek the impeachment of Yingluck Shinawatra over the controversial rice-pledging scheme, dealing another blow to the former prime minister barely a day after she was stripped of her premiership by the charter court.
However, the impeachment decision does not affect other caretaker ministers involved in the scheme, particularly caretaker Commerce Minister Niwatthamrong Bunsongphaisan, who has been appointed as caretaker prime minister to replace Ms Yingluck.
This is because the impeachment petition, which was lodged with the NACC by Democrat Party leader Abhisit Vejjajiva, has targeted only Ms Yingluck.
But Mr Niwatthamrong could still face suspension by the NACC because he, as commerce minister, was directly involved in the rice-pledging scheme.
Mr Niwatthamrong, Ms Yingluck and the surviving cabinet ministers are being targeted by the NACC in a separate case which is also linked to the rice scheme.
The NACC is expected to rule on this case next week.
The case, filed under Section 157 of the charter, has to do with the cabinet ministers having together approved the sale of the pledged rice over the past two years since the scheme was launched.
If the commission finds grounds in the case for prosecution, Mr Niwatthamrong and the rest of the sitting ministers will be suspended from duty.
The case will be referred, through the prosecutors, to the Supreme Court’s Criminal Division for Holders of Political Positions, according to Dr Warong Dechgitvikrom, who filed the petition under Section 157.
In yesterday's ruling against Ms Yingluck, NACC member Vicha Mahakhun said the NACC ruled by a vote of 7-0 to forward the case to the Senate recommending the impeachment of Ms Yingluck.
The commission found there were grounds to a charge of dereliction of duty against her in her role as chairwoman of the National Rice Policy Committee.
She is accused of dereliction of duty by the NACC for allegedly failing to deal with corruption and heavy losses in the rice-pledging scheme.
Mr Vicha said the NACC had written twice to warn Ms Yingluck the scheme could incur heavy losses and lead to corruption.
When she was prime minister, Ms Yingluck also acknowledged the problems raised in a censure debate in parliament as well as from assessment reports on the project which put the losses at more than 300 billion baht, Mr Vicha said.
He said the Office of the Auditor-General also released a report outlining the flaws and risks of corruption in the project.
During her tenure, Ms Yingluck had failed to run the country in compliance with the policy statement she gave before parliament in which she said would make serious efforts to prevent and crack down on corruption in the state sector, Mr Vicha said.
He said the NACC found there were grounds to a claim that Ms Yingluck violated Section 178 of the constitution, which requires the prime minister to comply with the law, the constitution and implement policies she made in her policy address before parliament.
Mr Vicha said the NACC has also found there were grounds to an allegation that she had violated Section 11 of the National Administration Act.
The NACC therefore decided to recommend the impeachment of Ms Yingluck to the Senate. Inquiries into the criminal aspects of the rice scheme case are ongoing.
Dr Warong said if the Senate decides to impeach Ms Yingluck as recommended by the NACC, she will be banned from politics for five years.
Pheu Thai legal adviser Phichit Chuenban said he believed the NACC's probe into Mr Yingluck that led to the impeachment decision was unlawful because the NACC combined an impeachment case against her along with a criminal case.
Mr Phichit said the impeachment petition against Ms Yingluck was filed by Mr Abhisit using information during a censure debate against the government.
Vichai Sriprasert, of the Thai Rice Exporters Association, said he was glad that independent organisations had the courage to show the rule of law still prevails and to tell the public the rice scheme has incurred losses of more than 300 billion baht. From now on governments will not dare to introduce a similar scheme.