The Administrative Court has clarified its judgement over former Prime Minister Yingluck’s rice pledging scheme and explained why her liability was limited to 10 billion baht, instead of the 35 billion baht sought by the Finance Ministry.

The Administrative Court Office issued a statement on Monday (26 May) explaining that the Court did not have jurisdiction to order Yingluck to pay damages. The case is considered a dispute concerning an unlawful order by a state agency or a state official. In such cases, a state agency may issue an administrative order against a state official whose unlawful actions cause damage to the state, without the need to bring the case before a court. The Administrative Court’s role is solely to determine whether such an order is lawful or not.

The 2016 Finance Ministry ordered the former PM to pay 35 billion baht for alleged corruption in the rice pledging scheme. However, Yingluck filed a complaint against the Ministry with the Administrative Court seeking to annul the Ministry’s claim for damages of 35 billion baht on the grounds that the order was unlawful.

Although the Finance Ministry’s order remains in effect, the Supreme Administrative Court ruled that the disputed order was partially unlawful and consequently annulled the portion of order requiring the former PM to pay compensation more than 10 billion baht in compensation related to four fake government-to-government (G2G) rice export agreements, which were found to have caused around 20 billion baht damage to the state’s finances.

It was concluded that she was liable for only 10 billion baht, half of the total damage. The Supreme Administrative Court deliberated this case on 12 September 2023.

Meanwhile, incumbent Finance Minister Pichai Chunhavajira revealed on Tuesday (27 May) that the Ministry will discuss the case with the legal team before proceeding.

Yingluck has been in exile since 2017. However, many have recently predicted her return to Thailand after her brother, former PM Thaksin Shinawatra, returned home in August 2023 after over 15 years in self-exile, and despite being found guilty, he has not served any time in prison.

When asked whether the case would be a stumbling block to Yingluck’s return to Thailand, her brother, former PM Thaksin Shinawatra, said on Tuesday (27 May) “Let’s wait until everything settles down. Someone is stirring up a storm right now, but it will soon pass. I do not know who is stirring up the storm. It’s blowing but it will all be over soon. It’s nothing”.