PAD chiefs lose B522m payout fight

Supreme Court rejects AoT compo appeal

The Supreme Court has rejected a petition by key People’s Alliance for Democracy (PAD) figures appealing against a lower court ruling ordering 13 group members to pay the Airports of Thailand (AoT) 522 million baht in compensation for a 2008 protest that shut down the capital’s two airports.

In 2015, the Appeal Court upheld a lower court’s verdict ordering the 13 PAD members to pay the compensation. The defendants were allowed to appeal within 30 days, but failed to do so within the time frame.

However, they later lodged a petition asking for an extension period for lodging the appeal. The Court of the First Instance and the Appeal Court rejected it.

The defendants’ lawyers then took the petition to the Supreme Court.

The Supreme Court judges yesterday said the two lower courts’ decision to turn down the appeal was legitimate and in line with the civil procedure code, adding the defendants’ lawyers had failed to lodge the petition within the time allowed. As a result, their clients will have to pay the compensation to the AoT.

The AoT demanded compensation after the defendants led protesters in laying siege to Suvarnabhumi and Don Mueang airports from Nov 24 to Dec 3, 2008, forcing them to suspend operations. The PAD were protesting against the Somchai Wongsawat government.

On March 25, 2011, the Civil Court ordered the 13 PAD figures to pay 522 million baht in compensation to the AoT with an annual interest rate of 7.5% from Dec 3, 2008 until payment is made in full.

The 13 are Maj Gen Chamlong Srimuang, Sondhi Limthongkul, Pibhob Dhongchai, Suriyasai Katasila, Somsak Kosaisuk, Chaiwat Sinsuwong, Somkiat Pongpaiboon, Saranyu Wongkrajang, Samran Rodpetch, Sirichai Mai-ngam, Amorn Amornratananont, Therdphum Jaidee and Maleerat Kaewka.

Speaking after the ruling, Mr Chaiwat said he expects the AoT to petition the court to kick off the process of seizing his assets.

Mr Somkiat said his actions were for the national interest, not personal gain, and he accepted the court ruling. He said the PAD had fought hard, and it was a pity that he and the other PAD members had lost the chance to fight the case in the Supreme Court.

He said he did not have much money or assets, and that he may now have to declare bankruptcy.

“I have accepted this. I am not sad that much. Whatever happens, happens,” Mr Somkiat said. “I am still proud of what I did.

“If it had not happened, Prime Minister Gen Prayuth Chan-ocha would not be where he is today.”

Asked whether yesterday’s ruling would deter similar protests in the future, Mr Somkiat said it would have an impact initially.

If further economic problems emerge and people cannot make ends meet with capitalists ramping efforts to enrich themselves then you could see people joining forces again, he said.

Atchara Saengkaw, one of the PAD lawyers, said the seizure of assets belonging to the 13 must take place within 10 years in line with the law.