BANGKOK – The Supreme Court judges voted 9 to 0 on March 4, 2024, to acquit the former Prime Minister Yingluck Shinawatra on charges of mishandling government funds. The arrest warrant against her was also revoked.
Yingluck and six others, including Mr. Niwatthamrong Boonsongpaisan, Mr. Suranand Vejjajiva, Matichon Company Limited, Siam Sport Syndicate Limited, and Mr. Ravi Lohthong, were found not guilty of corruption related to the 240 million baht budget allocated by her government for a roadshow to promote the Thailand 2 trillion Mega Project “Create Thailand’s Future 2020” in 2012.
Many individuals, including academics and the media, believe that Yingluck, who is now living in exile, might return to Thailand, like her older brother Thaksin Shinawatra.
The Associated Press reported by recognising that it was the latest favorable verdict for Yingluck, who was prime minister from 2011 until she was forced from office in 2014. In December last year, the same court cleared Yingluck of abuse of power in connection with a personnel transfer she had overseen.
“In 2017, she was sentenced in absentia for alleged negligence in implementing a rice subsidy program that lost the government a massive amount of money, estimated to be as much as 500 billion baht ($14 billion). To return to Thailand without facing prison, she would also need a pardon from King Maha Vajiralongkorn or other form of clemency,” reported AP.
In the case of the road show, the court pointed out that defendants 1-3 were not guilty under Penal Code Sections 151 and 157 and not guilty under the Constitution regarding the Public-Private Joint Investment Act as there was no evidence of collusion, corruption, or interference in setting the median price and the tender committee.
Even after being informed, there was an order to postpone the payment of fees. Defendants 4-6 were also not guilty under the same charges. Furthermore, they were not guilty under Penal Code Section 86.
The aforementioned project arose from a collective consideration of various agencies, not solely from the decision-making of Ms. Yingluck Shinawatra, and there was no rush decision-making. The purpose was merely to justify the use of public funds. Coupled with the opinion of the Budget Bureau Director General that it was appropriate for the Prime Minister to approve this central budget, the court’s judgment was therefore based on the facts available at that time.
Furthermore, the organization of the roadshow project occurred during a tight timeframe, and it was mentioned that there was no evidence of involvement or endorsement by Mr. Niwatthamrong and Mr. Suranand in the budget approval process.
There was no evidence of collusion or instructions to select Matichon Company Limited and Siam Sport Syndicate Limited as project contractors in advance of the bidding process. Additionally, there was no indication of any specific characteristics being specified to benefit or favor specific bidders or to obstruct other bidders.
“Most importantly, after the coup, the Prime Minister appointed a committee to investigate the project, which found that the roadshow project complied with the Prime Minister’s Office procurement regulations and was approved for disbursement. This finding was consistent with the investigation’s conclusion that there was no misconduct by government officials. Therefore, Mr. Suranand did not neglect his duties,” stated the verdict.
As for the project in the other 10 provinces with a budget of 200 million baht, it was conducted under tight deadlines, with no time for competitive bidding or compliance with procurement regulations.
Regarding defendants 4-6, from the investigation findings, it was not clear that they supported any wrongdoing. The division of provinces by Matichon Company Limited and Siam Sport Syndicate Limited was part of the procurement process and to prepare presentation materials, so it was not considered collusion or bid-rigging. Therefore, they were not guilty as charged. The panel of judges unanimously agreed to dismiss the case.
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