Thread: University Lecturer to Sue Govt for Mishandling Flood Crisis

Bangkok Post : Lawyers Council to help sue govt

Lawyers Council to help sue govt

• Published: 11/11/2011 at 03:56 PM
• Online news:

The Lawyers Council of Thailand has formed a legal team to assist a group academics and others planning to sue the government over its alleged mishandling of the great flood

Council vice president iKriangsak Woramongkolchai, said the legal team would meet with Assoc Prof Narong Phetprasert, a Chulalongkorn University economist, and discuss how they should proceed with the case.
Mr Narong has threatened a class action against the government.

The government could be sued for failing to perform its duty or for issuing adminstrative orders which resulted in hardship for the people, said Mr Kriangsak.

On Thursday, Mr Narong said he had discussed the matter with lawyers and found a couple of legal points that could be pursued.

He said he planned to bring a class action suit which would cover not only those directly affected by the flood, but also those who lost incomel.

"The lawsuit is not limited to people whose houses are submerged. It will also include those whose houses aren't flooded but who lost income due to the flood,'' he said. He insisted he was not after the government alone, but every agency which should be held responsible.

The Bangkok Metropolitan Administration, the Agriculture Ministry, the Natural Resources and Environment Ministry and Egat Plc could also be targeted by the suit.

He had yet to decide on the size of the compensation that would be demanded.

See earlier article, already posted here....main details are included, article is a lot longer.

Bangkok Post : Embattled PM refuses to quit

Embattled PM refuses to quit

Scholar threatens class action suit against govt

Among those who are exploring the feasibility of holding the government responsible for the crisis is Assoc Prof Narong Phetprasert, a Chulalongkorn University economist.

Mr Narong said he has discussed the matter with lawyers and found a couple of legal points that can be pursued.

He plans to make it a class action suit which will cover not only those who are directly affected by the flood, but those who lost income as well.

"The lawsuit is not limited to people whose houses are submerged. It will also include those whose houses aren't flooded but who lost income due to the flood," he said. He insisted he is not after the government alone, but every agency which should be held responsible.

The Bangkok Metropolitan Administration, the Agriculture Ministry, the Natural Resources and Environment Ministry and Egat Plc could also be targeted by the suit.

He had yet to decide how much compensation to demand for flood-affected people.

He said the plight of the public should also be taken into consideration to determine if state compensation of 5,000 baht for each household, as proposed by the government, is justified.

Srisuwan Janya, president of Stop Global Warming Association Thailand, is also gearing up for a class action.

He said people who are considering taking action should join a flood forum on Dec 15. "Those who want to share, discuss or criticise are welcome. And those who want to sue the government cannot miss this," he said. Mr Srisuwan is an environmental activist who took a lawsuit against the Industry Ministry in 2009 for approving the building of 76 factories in Map Ta Phut Industrial Estate in Rayong province.

Kriangsak Woramongkolchai, a spokesman for the Lawyers Association of Thailand, said a lawsuit can be lodged against the government if it can be established the flood was caused by mismanagement.

Meanwhile, Democrat MP Niphit Intharasombat traded barbs with Agriculture and Cooperatives Minister Theera Wongsamut over water management during the budget bill debate yesterday.

Mr Niphit said the Agriculture Ministry had fallen down on managing risk, which resulted in heavy flooding.

Water should have been released from the Bhumibhol dam earlier.

Mr Theera replied the ministry's water management was based on its assessment of the situation at the time.

He admitted he had asked Bhumibhol dam not to release water because rice farmers downstream were about to harvest. "They were harvesting their crops. I had to do as the situation required," he said.

Bangkok Post : Abhisit slams govt for 'mishandling' flood

Abhisit slams govt for 'mishandling' flood

• Published: 11/11/2011 at 04:33 PM
• Online news: News

Prime Minister Yingluck Shinawatra must do a better job of managing the flood situation and improve her communication skills if she wants the confidence of the Thai people and the global community, Opposition Leader Abhisit Vejjajiva said Friday.

Mr Abihsit was responding to reports that critics were demanding Ms Yingluck step down as prime minister, or call a snap election.

"We should wait until the flood situation eases, any more political uncertainty would not be in the best interests of the country."


Prime Minister Yingluck Shinawatra and Opposition Leader Abhisit Vejjajiva discuss the flood situation at Don Mueang airport on Oct 2011. (File Photo)

Issues of responsibility and the suitability of the prime minister for the job could be discussed after the situation improves, he said.

The former prime minister said he was disappointed that Ms Yingluck, as prime minister, did not apear to listen to or respond to the opposition's suggestions during the House budget debate.

On Chulalongkorn University economist Narong Phetprasert's plan to sue the government for allegedly causing the crisis, Mr Abhisit said many people believed the flood was not just a natural disaster and that mismanagement might also have played a role.

"Many people have suffered and the cost of damage is much more than the government can compensate for. Therefore, legal action can be taken," he said.

The opposition leader said the government should stop politicising the flood situation.

"The government should not pass the problem to the Bangkok Metropolitan Administration, but they should work together to help the people. This is not the time for conflict. Don't let politics become an obstacle in solving the problem," Mr Abhisit said.

He said that if the government wanted to win people's confidence it must be transparent and open to inspection, instead of arguing and giving people false information.

Deputy Prime Minister and Interior Minister Yongyuth Wichaidit praised Mr Abhisit for coordinating with the government in getting help to people in flooded areas.

"Mr Abhisit is a good man because he doesn't just think he's from the opposition party. When he saw problems, he would immediately call me to deliver assistance to flood-hit people.

"This is a good sign because when we're in hard times we should not hurt or criticise one another," Mr Yongyuth said.

The Pheu Thai leader said he believed the House meeting today would discuss ways to mitigate the flood situation.

"The flood situation is improving, despite the high tides yesterday," he added.


People are trying to adapt to the on-going flood situation in Bangkok. (Photo by Tawatchai Kemgumnerd)

The Lawyers Council of Thailand sai it has formed a legal team to assist a group of academics and others planning to sue the government over its alleged mishandling of the great flood.

Council vice president Kriangsak Woramongkolchai said the legal team would meet with Assoc Prof Narong and discuss how they should proceed with the case.

Mr Narong has threatened a class action against the government.

The government could be sued for failing to perform its duty or for issuing adminstrative orders which resulted in hardship for the people, said Mr Kriangsak.

On Thursday, Mr Narong said he had discussed the matter with lawyers and found a couple of legal points that could be pursued.

He said he planned to bring a class action suit which would cover not only those directly affected by the flood, but also those who lost income.

"The lawsuit is not limited to people whose houses are submerged. It will also include those whose houses aren't flooded but who lost income due to the flood,'' he said. He insisted he was not after the government alone, but every agency which should be held responsible.

The Bangkok Metropolitan Administration, the Agriculture Ministry, the Natural Resources and Environment Ministry and Egat Plc could also be targeted by the suit.

He had yet to decide on the size of the compensation that would be demanded.

abisit?

he's that murdress bsastard int he who shot up all the innocent protestors
And whose the PAD yellow nutter on early release from the nuthouse

This is just another piece of no-news Bangkok Post/TAN hate campaign against government. I feel sorry for those who read BP and believe it.

Abhisit backs group set to sue the govt - The Nation

Abhisit backs group set to sue the govt

The Nation November 12, 2011 11:19 am


The opposition leader yesterday warned the government against having its supporters take a stand against the group planning to sue ruling politicians for their alleged failure to manage flooding. Abhisit Vejjajiva, leader of the Democrat Party and former prime minister, said a confrontation like this would only lead to further political conflicts.

He said the government should be ready to undergo scrutiny by the civic sector and get ready to explain its alleged mismanagement of the crisis. Abhisit said the group - led by Chulalongkorn University economist Narong Phetprasert - had every right to sue those they believe are responsible for the disaster.

"Many people believe that this ongoing flood problem cannot be blamed on nature alone and has something to do with management as well. People have incurred damages that far exceed the government's planned compensation," Abhisit said.

The opposition leader said that though the authorities insist that more rainstorms than expected had hit the country, the government also stuck by its policy of retaining water in upstream dams for irrigation.

Abhisit also urged the government to place less focus on politicking, especially in relation to the ongoing flood crisis in the capital.

"I appeal for the government to stop politicising issues. They keep blaming the BMA, when in fact, they should work together to help the people. This is not the time to get involved in a political conflict. The government should stop playing political games if they want to win public confidence," he said.

Abhisit also said that he did not think it was time for Prime Minister Yingluck Shinawatra to step down or dissolve the House of Representatives.

"It's the time to deal with the crisis. Political uncertainty will not benefit the country," he said.

"The prime minister should show her efficiency in running the country and ensure unity in management and communication. This is the time to win confidence from Thais and the world community," he advised.

Narong, leader of the group that plans to sue the state, said yesterday that he would speak to the Lawyers' Council of Thailand on Monday about the scope of the action.

He said the group's legal advisers agreed that initially it was possible for the group to file administrative, criminal and civil cases against the authorities, adding that the council had agreed to help them take their cases to court.

Narong said many people affected by the flooding supported his plan to sue the government. He said that though nature was partly to blame for the crisis, the government should also be held responsible for its poor management that resulted in severe floods in many areas of the country.

"The government knew there would be a lot of water this year, but it didn't do anything to reduce the volumes. Floods were chest-high in some areas and that pointed to mismanagement of water," the academic said.

Preparing to throw out another elected government

Preparing to throw out another elected government

November 12, 2011

by thaipoliticalprisoners


PPT never imagined that the electoral defeat of July 2011 would be accepted by the defeated opponents of Thaksin Shinawatra, the red shirts, Yingluck Shinawatra and the Puea Thai Party. The Army, the entirely misnamed Democrat Party, yellow/multi shirts and their big boss backers have never accepted that defeat. They consider themselves the rightful owners and rulers of Thailand and consider elections a flawed political process. A couple of reports in recent days suggest how these groups are re-mobilizing with political tools they’ve used before.

The first report links to PPT’s astonishment expressed in a recent post regarding the threat by Chulalongkorn University academic that he would sue the government. We couldn’t imagine much from Narong Phetprasert, a founder of the Fascist-like neo-nationalist movement a decade or more ago, being take seriously. However, a more detailed and later report, makes it clear that his action is part of a strategy being developed by anti-government academics and activists. That these activists are rounding on the government is why the mainstream media is interested and promoting their “cause.”

Narong claims he has “discussed the matter with lawyers and found a couple of legal points that can be pursued.” His discussions have been with the notoriously yellow-shirted Lawyers Association of Thailand. He can’t expect a “class action suit which will cover not only those who are directly affected by the flood, but those who lost income as well” to be taken seriously, but that isn’t the point. The purpose of the action is to begin the active campaign to bring down the government.

He is supported by lawyer Srisuwan Janya, president of Stop Global Warming Association Thailand, also a driving force in the Lawyers Association of Thailand. Srisuwan “said people who are considering taking action should join a flood forum on Dec 15…. And those who want to sue the government cannot miss this…”. Kriangsak Woramongkolchai, a spokesman for the Lawyers Association of Thailand, joined the call to establish the flood was caused by mismanagement and to sue.

This activism is couched in populist terms but is meant to destabilize the administration and allow opportunities for a “movement” to develop and for the biased judiciary to be used. The pattern will be familiar to anyone who followed the rise of the People’s Alliance for Democracy in 2005.

That movement led to the 2006 coup, so it is no surprise to see the military carefully positioning itself as an ally of anti-government forces. In a report at the Bangkok Post, sprouting the mantra that Prime Minister Yingluck Shinawatra and her coalition government face “declining popularity,” the alternative government appears to be identified as residing with Army boss General Prayuth Chan-ocha and his forces.

On the survey data, PPT urges readers to look at Bangkok Pundit’s account which bears the hallmarks of maturity, perspective and some critical thought – all qualities sadly missing from the Bangkok Post in recent times.

Reflecting the opinions of the mainstream media and anti-Puea Thai Party elements in Bangkok, reporter Wassana Nanuam claims the “floodwaters are washing away her credit and, in contrast, boosting the popularity of the armed forces, especially the army under Gen Prayuth Chan-ocha, because soldiers have become the core group helping flood-affected people.”

She then claims: “In Bangkok and suburban areas alone, army trucks and boats are everywhere, giving passengers a free ride when the public transport system is paralysed and comes to a standstill in some locations where the high level of water makes the roads impassable for buses and other ordinary vehicles.” PPT points out that this is a gross exaggeration that parrots politicized propaganda.

Anyone who watches Thai television (other than the Army’s own propaganda channel) recognises that the Army is active but that so too are thousands of ordinary government officials and huge numbers from the private sector.

Wassana claims that the “floods are making people forget about the negative image of the army last year, when soldiers used force to break up the anti-government rally of the red shirts in the heart of the capital.” She means when they used snipers to gun down scores of people, in a massacre that was reminiscent of several previous attacks on civilians by the military. Of course, there are other assessments of the military’s flood role that are not nearly so positive.

But then Wassana gets to the point of this propaganda and to what is an important point that is probably felt to be best made in a story that repeats all of the pro-Army propaganda: “More importantly, the present role of the army has made Gen Prayuth ‘a star’…”. She says “the public” is making “comparisons between him and the prime minister.”

PPT has posted several times on how reporters and opinion page writers have been demanding strong leadership. Of course, these are the same lot who hated Thaksin Shinawatra’s strong leadership…. They only want unelected strong men.

Wassana makes the all too obvious point about the Army’s PR offensive: “[t]he rising popularity of the army is not an encouraging sign for Thai politics…. Gen Prayuth is seen as being on the side of “the amataya” or aristocracy which stands against Pheu Thai and United Front for Democracy against Dictatorship.” Water coup talk again? It seems that Wassana wants to raise exactly this point.

The army is unable and unwilling to wean itself of its control addiction, and Wassana reveals the leadership’s current political position: “the government has been a failure in its handling of the crisis. Ms Yingluck lacked leadership, did not put the right man on the right job, played a political game with the Democrat Party which controls the Bangkok Metropolitan Administration, and spent more energy trying to save Pheu Thai’s constituencies in Bangkok from flooding than other areas…”. It matters little whether this assessment is even marginally accurate, for it is a statement that the military is at war with yet another elected government.

Prayuth himself is playing a careful game, allowing Yingluck to be criticized by his underlings and then denying responsibility and claiming to not be mutinous like pretty much all the leadership of the Army. But, and here Wassana is correct, the “power play between the army and politicians will not end…. The conflict between the two and the way in which Ms Yingluck and Gen Prayuth are going in their different directions could give the Democrats or ‘the amataya’ a chance to widen the rift so as to pave the way for the army to oust the government.”

More pointedly, she asserts that “it may be possible that Gen Prayuth might be used to confront the youngest sister of ex-prime minister Thaksin Shinawatra, when the army on one side and the UDD and Pheu Thai on the other, have very fragile relations. Gen Prayuth’s position remains unchanged. He does not like the red shirts or Thaksin. He is determined to protect the monarchy and lives with the motto that ‘Country Above All’.”

Should the Lawyers Council of Thailand be making these political stands on behalf of the bluebloods/dems time after time after time???

They will drive this country to civil war, sooner or later ...

^
Yes it's a very telling move isn't it? It must be clear to all now that Thailand doesn't have any "real" representative bodies or NGOs that are there to represent the rights of members or the disenfranchised. None of these organizations can be trusted as anything other than a tool of the amart-sakdina establishment. International organizations and NGOs need to close all their Thai offices immediately or see themselves used by this evil group of greedy people who are pretending to be Thai (they seem to look Chinese - big hair and all).

Surely a real lawyers' group would quickly see that they should ALSO be suing the Democrat Ministers and former PM Abhisit who were responsible for letting the dams fill up to overflowing and of course the Fat Boy sakdina mayor for refusing to let the water out earlier which in turn flooded outskirt communities.

But NO - it's only Yingluck - the crybaby, the weakling, the evil Reds that must be pursued.

The Lawers Assn of Thailand has just completely discredited itself forever. Just like HRW Thailand and AI Thailand they keep falling like dominos - ICRC should be on watch

At its' heart is the sneaky way of trying to transfer disaster victimization to Govt. victimization.

Ya can't sue a disaster for creating victims - suing is a neat way of suggesting they are victims of the Govt. instead of the disaster.

I understand that December 15th. is a noteworthy date to actualize this thing.

We can look forward to a torrent of Media garbage on or about this date, highlighting this initiative.

I mean without publicity, it would lose its' primary objective.

I dont buy these 'dates' that keep getting thrown around.

But I'll tell ya for sure as tomorrow is coming - the NGOs and Orgs that have Thai staff are Shills. And their parent organizations better wake up to that fast. Because the international media and others are starting to see through the BS - it ain't fooling them anymore. There are at least two 'big' international stories coming out on this before the holiday season - wait for it - will blow your socks off. Word is it focuses on RC, AI and HRW - and one UN emergency aid agency. (effectively that they are all being played by local staff to promote the sakdina etablishment)

^ Oh yes, the thai axis of evil has tentacles everywhere, but them tentacles have recently been up one or two arses they shouldn't hav bin.

Originally Posted by Bettyboo

They will drive this country to civil war, sooner or later ...

Sadly True .

Bangkok Post : Scholar, Lawyers Council mull suing govt for mishandling floods

Scholar, Lawyers Council mull suing govt for mishandling floods

• Published: 13/11/2011 at 12:00 AM
• Newspaper section: News

The government's potential liability for its alleged mismanagement of the floods, resulting in the severe inundation of the Central Plains, including parts of Bangkok, should be clearer by tomorrow.

A working panel of the Lawyers Council of Thailand, led by Kriangsak Woramongkolchai, will hold talks with Chulalongkorn University economist Narong Phetpraset tomorrow afternoon about the government's liability.

Mr Narong is prepared to sue the government and authorities concerned over their handling of the crisis on behalf of flood victms.

The government has come under fire for its alleged policy to stock up water for farming, resulting in the forced release of massive volumes of water in major dams, causing flooding downstream.

Mr Narong accuses the government of negligence by issuing administrative orders which caused huge financial losses and harm.

"When the decision-makers negligently make bad decisions, they should be subject to legal liability," he said.

"The government has the resources to anticipate the flood, but it failed to properly warn the people.

"As an economist, I can make economic forecasts.

"Why can't the government assess the water situation?"

The academic originally intended to represent residents who were left unprotected by flood barriers and offered a flat rate of 5,000 baht compensation.

Mr Narong has decided to work with the Lawyers Council of Thailand because the flooding has caused extensive damage and has affected a great many people.

Sak Korsaengruang, chairman of the Lawyers Council of Thailand, said the working team will thoroughly examine the issue. "This is the first time for a case like this. We need to study it carefully to see first if we can proceed, and then how to do it," he said.

Preecha Suwannathat, former dean of Thammasat University's law faculty, said suing the government over a natural disaster is unprecedented.

Action could be taken under the consumers protection law and the liability law for state officials and agencies.

The cabinet cannot be sued because it is not a juristic entity.

However, individual ministers could be sued.

"While we can't tackle cabinet, we can sue the prime minister or the agriculture minister in their capacity as those supervising the Royal Irrigation Department," he said.

Nirand Pitakwatchara, a member of the National Human Rights Commission, said the flood case may be comparable to the legal case involving the Map Ta Phut industrial estate.

The Central Administrative Court in September 2009 ordered 76 industrial projects at the estate to temporarily halt their operations amid concerns about negative environmental and health impacts.

The case was taken by activists and residents living near the Rayong estate.

Mr Nirand said that the public is entitled to scrutinise the state's use of power and determine if this affects their lives and communities, and could lay a complaint with the court.

They all just need to meet at 3pm on the playground and fight it out, like the kids they are.

Legal fight politically motivated : Pheu Thai - The Nation

Legal fight politically motivated : Pheu Thai

The Nation November 14, 2011 1:09 am


The planned legal action over officials' alleged mismanagement of flood water aims merely to discredit the government, rather than redress the flood damage in a tangible manner, Pheu Thai Party spokesman Prompong Nopparit said yesterday.

"The litigants may have the right to sue, but I believe there is no evidence with which to blame the government," he said.

Prompong was reacting to news reports that Chulalongkorn University economic lecturer Narong Phetprasert would seek the cooperation of the Law Society of Thailand in launching a court battle against the government.

As an academic, Narong should suggest flood-control solutions instead of faulting the government, Prompong said.

He voiced suspicion that Narong might have an ulterior motive, because his threat of legal action coincided with the opposition Democrats' criticisms of the handling of the flood situation.

He went on to criticise Democrat MP Wiratana Kalayasiri for trying to politicise the relief efforts.

Although the Flood Relief Operations Centre (FROC) has launched a probe of alleged irregularities in connection with the procurement of relief supplies, Wiratana portrayed the situation as if the wrongdoing had already been established, the Pheu Thai spokesman said.

The main coalition party will today hold a meeting of MPs to assess flood-related issues, such as obstacles to transportation, the rising prices of essential goods and increasing incidents of burglary in flood-hit areas.

Information and Communication Technology Minister Gp Captain Anudith Nakornthap has dismissed an allegation that he diverted public contributions and relief supplies from the FROC to his ministry.

Anudith said relief supplies packaged in black bags awaiting distribution were the property of the PM's Office, and not public contributions as alleged.

He said he was authorised by the prime minister to assist in the relief efforts in Bangkok.

Democrat deputy spokesman Sakoltee Phattiyakul said he welcomed the prime minister's pledge to get to the bottom of questions surrounding the procurement of relief supplies.

Sakoltee said the FROC made a hasty conclusion to rule out any irregularities before examining the evidence.

"Just look at price tags on items contained in each relief bag; evidence of foul play is there," he said.

He said the FROC had no credible answer to questions about why it had allocated Bt7.5 million to buy 30 flat-bottomed boats at an inflated price of Bt250,000 each.

Originally Posted by StrontiumDog

economic lecturer Narong Phetprasert

Be interesting to see the chronology of this tools background and education , and the circles he operates in, that got him his job.

Lets just see how solid this fool stands up in the greater thailand .

Lets investigate the crackpot making (up)the schoolground allegations

He'll be a PAD yellow nutter pimp

Narong Phetprasert was once a researcher for the Thai Rak Thai (TRT) party and was best known for the Thai debate on legalising prostitution in 2003. He became friends with Sondhi Limthongkul and Chamlong Srimuang and became very involved with the PAD movement.

Recently he was a member of the Anand’s National Reform Committee 2010 and he is known to be a keen believer in the “sufficiency economy” theory.

Originally Posted by LooseBowels

abisit?

he's that murdress bsastard int he who shot up all the innocent protestors
And whose the PAD yellow nutter on early release from the nuthouse

He was just following orders.

Govt faces string of lawsuits - The Nation

Govt faces string of lawsuits

Wannapa Khaopa
Atapoom Ongkulna
The Nation November 16, 2011 2:02 am


Two groups to sue state agencies, PM and Cabinet for the flooding situation and seek damages for victims

The man who virtually brought the Map Ta Phut Industrial Estate to its knees two years ago has confirmed he will lead a class-action campaign against the government in connection with the flood disaster.

Government agencies concerned with flood management will be taken to court next month for failing to solve the disaster, said Srisuwan Janya, chairman of the Stop Global Warming Thailand Association.

The man who fought to force industrial projects in Map Ta Phut to adjust their plans and consider environmental issues more seriously said this campaign would be independent of a similar one being launched by a Chulalongkorn University lecturer.

"On December 19, our association will file a lawsuit with the Administrative Court against more than 10 government organisations that have worked to address flood problems," he said.

They are Prime Minister Yingluck Shinawatra, the Cabinet, the Flood Relief Operations Centre (FROC), the Royal Irrigation Department, the Meteorological Department, the Metropolitan Waterworks Authority, the Electricity Generating Authority of Thailand (Egat), and the Hydro and Agro Informatics Institute, he said.

"Everyone who has been affected by floods in 26 provinces is invited to contact us so the association will represent them to file the suit," Srisuwan said.

"We will tell the court how each of those agencies has failed to solve the flood disaster, and force them to pay compensation to the flood victims and issue concrete and clear measures to prevent severe floods recurring in the future."

Compensation will be sought for their damaged assets, illness caused by the floods and loss of income.

Before the association files the suit in court, it will hold a meeting with flood experts and academics and flood-affected people on December 15 at Imperial Queen's Park Hotel in Bangkok to see what wrongs the government agencies committed in coping with the floods and resolving the flood problems, as well as to hear from the victims.

"We are inviting all affected people to join the meeting to share with us their troubles," he said.

The other campaigner, meanwhile, is hatching a similar legal plan, in which the government would face administrative, civil and criminal litigation in connection with its allegedly botched flood control.

Chulalongkorn University economics lecturer Narong Phetprasert said yesterday that he and his team were gathering legal evidence.

"Evidence will be collected over the next two months to build up cases against the government," he said.

Narong said the litigation would be based on five causes - administrative damage, negligence, lapse of duty, lost opportunity and property damage.

After assessing flood-hit communities, the legal team will draw up a list of defendants. He said the potential defendants included the FROC, the Agriculture Ministry, the Natural Resources and Environment Ministry, Egat and the Bangkok Metropolitan Administration.

Although the previous government had mishandled last year's flood control, the extent of flooding and damage did not warrant a court battle, he said, denying he was trying to target the Pheu Thai Party while sparing the Democrats.

He said he would work with the Law Society of Thailand in building up the cases on behalf of the flood victims.

The government would be taken to courts to face myriad charges, he said.

Key provisions to sanction the litigation include Article 9 of the Administrative Court Formation and Administrative Procedural Code.

Article 9 prescribes the mandate of citizens to sue the government for lapse of duty.

Article 157 of the Criminal Code prescribes for malfeasance. Article 420 of the Civil Code is the legal basis to sue for damage.

In a related development, the National Human Rights Commission has launched a probe into the impact from pumping flood water from industrial estates into surrounding communities, NHRC member Niran Pitakwatchara said.

Bangkok Post : Lawyer goes to bat for deluge victims

ON the RECORD

Lawyer goes to bat for deluge victims

• Published: 16/11/2011 at 12:00 AM
• Newspaper section: News

Chulalongkorn University economist Narong Petprasert is leading unprecedented class lawsuits filed by flood-affected residents against the government. Speaking to King-oua Laohong, he does not think the government will have the money to settle the suit if it loses the legal battle. But, he says, the government cannot avoid the responsibility.

This action to be taken against the government is being politicised, is it not?

There's political pressure for sure. It's unavoidable. But that's fine because I've worked for the poor for a long time. I only want to seek fairness for people in need. My house is not flooded but my workplace is. My question is if one can't get to work on account of the floods, what kind of damage will that cause? The vendors can't hawk their goods. What will their lives be like? Who is taking care of them? In the very beginning, the Flood Relief Operations Command (Froc) and the Bangkok Metropolitan Administration (BMA) insisted Bangkok would be spared the floods. Even if there was flooding, water would be ankle deep. Now the government is handing out 5,000 baht of compensation [for each affected household]. Is that amount even worth the grievances we face? The citizens have never sued the government. If the government acts with recklessness and causes us damages, we must sue.

The government claims there have been excessive amounts of rainfall this year and that the natural disaster could not be predicted. Is this true?

Natural disasters are partly to blame. But the problem is the government never explained clearly about water management. Agencies such as the Royal Irrigation Department and Electricity Generating Authority of Thailand did not disseminate water information before the heavy floods reached the Central Plains provinces and eventually Bangkok.

The great floods resulted from heavy downpours from multiple tropical storms. This is beyond human control. But we cannot accept that the government did not tell us why, despite the rain, the storms and the huge amounts of water flowing into dams, it failed to manage water in those dams. Instead it let the problems degenerate into public calamities prompting people to flee left and right from their homes.

Originally you planned to represent in the lawsuits only residents outside of the flood walls. Is that right?

At first, we wanted to seek justice for people outside the floodwalls such as those living along Khlong Sam Wa. They have made sacrifices. But when the news spread (about the suits), it turned out the damage to people was enormous and many were in despair.

The charges to be filed are quite a few and they have been brought up for discussion with the Lawyers Council of Thailand. The issues to consider are, example, who should be liable. The council is gathering details from experts and related agencies before drafting the suit.

The charges to be pressed are both civil and criminal.

(The citizens) have never sued the state for damages from acts of natural disasters before, have we?

Isn't it time we did? The lawsuit is unavoidable because the damage is far-reaching. Anyone joining the class suit can come on board. The government hasn't said anything about compensating people living in areas where floodwater has been retained. The government must offer them extra compensation.

When the government is negligent, the people have the right to sue it. The government knew all along there would be flooding but did not set off the alarm.

Does the government have enough to pay for the suits?

That's interesting. The damage occurs across the country. I don't know if the government has enough in its budget to cover it ... if the government can't foot the bill (in the event it loses in court), is it possible that perhaps a bond could be issued to raise money to pay for damages or find financial sources so people can borrow? It will help.

A fcucking arsehole PAD yellow nutter who has shamelessly spotted a money making opportunity and gone for it.

If anyone has a valid claim they should seek solid legal advice and avoid shameless chancers like this who is only out to exploit others misfortune and line his own pockets