Questions surrounding Yingluck's trial tomorrow

Former Thai Prime Minister Yingluck Shinawatra. Photo: AFP.

Thailand's Supreme Court is expected to deliver its verdict tomorrow on former Thai Prime Minister Yingluck Shinawatra, who is accused of negligence in her role in a rice subsidy program that cost her at least $8 billion. Yingluck was due to appear in court on August 25, but she fled the country, so the trial was postponed to September 27. If found guilty, Yingluck could face a maximum sentence of 10 years in prison and a lifetime ban from politics, according to the Nation.

Did the court make a decision?

Many people are wondering whether the court will deliver a verdict tomorrow. Article 32 of the Thai criminal code states that in cases involving politicians, the court can issue a verdict in absentia. If a defendant fails to appear for the hearing, the court will postpone the verdict for one month and issue an arrest warrant. If the defendant fails to appear before the arrest warrant expires, the court can issue a verdict in absentia.

However, there are different interpretations of the law. Democrat Party leader Abhisit Vejjajiva said the court had the discretion to delay the verdict in the defendant's absence. He said the court could choose not to pronounce the verdict tomorrow.

Thai Deputy Prime Minister Wissanu Krea-ngam, a government legal expert, also said last month that the court could delay the decision.

Meanwhile, a legal expert and an anonymous former judge said the verdict would still be announced as scheduled, even if both the defendant and the plaintiff were absent.

Which scenario is beneficial for Yingluck?

If the court issues its verdict tomorrow, Yingluck will have an easier time deciding her next move, according to a senior official from her Pheu Thai party. He added that she could reappear in public to explain the case to her supporters. But if the court delays, the situation will be unclear, he said.

If found guilty, Yingluck is likely to face a heavy penalty, as her commerce minister Boonsong Teriyapirom was sentenced to 42 years in prison. "This will put Yingluck in a difficult position because her legal status will change from defendant to convicted person," he said.

However, he added: "In my opinion, it would be better for Yingluck if the verdict were given tomorrow, because she would have a clear basis to decide her future, including seeking asylum."

Abhisit also assessed that the delay could impact Yingluck's ability to appeal, if the verdict is issued after the new law on criminal proceedings against political officials is enacted.

The new law stipulates that defendants must appear in court to appeal and that corruption cases have no statute of limitations, meaning that convicted people are held liable forever.

Abhisit also agreed with many commentators that Yingluck would not appear in court tomorrow to hear the verdict. Meanwhile, Phumtham Wechayachai, secretary-general of the Pheu Thai Party, said that Yingluck had tried her best to fight the case. "She fought like a lion," he said.

Thai government intelligence sources estimate that 300-400 people will show up at court tomorrow to show support for Ms Yingluck.

"We have gone through many storms and lost important people but we can still stand strong thanks to the unity of our members and the support of the public," said the Pheu Thai party secretary-general.

According to VNE