FORMER commerce minister Boonsong Teriyapirom will seek an Administrative Court injunction to block a government move to seize his assets in connection with fake government-to-government rice deals. He is also preparing to file counter-lawsuits alleging that top officials avoided due process of law.

Justice Minister General Paiboon Koomchaya said the Department of Legal Execution would have to wait for the court’s decision on this before it can proceed to seize the assets of ex-politicians and former officials at the Commerce Ministry involved in the case.

Should the court grant Boonsong temporary protection, asset seizure would be suspended until there is a final ruling on this case.

Boonsong and five others face a civil liability lawsuit filed by the Commerce Ministry for their role in signing bogus contracts “with China” to sell 6.2 million tonnes of rice as part of the previous government’s rice-pledging scheme. A criminal case against Boonsong and others is still pending in the Supreme Court, but the Commerce Ministry has gone ahead with issuing an executive order to seize the assets of Boonsong and others.

Deputy PM Wissanu Krea-ngam said if Boonsong and other former officials did not petition the court within 45 days, the Department of Legal Execution would proceed to seize the defendants’ assets, as the government has claimed Bt20 billion in damages in connection to the fake rice deals. The department was authorised by a special order issued by Prime Minister Prayut Chan-o-cha under Article 44 of the interim charter.

Paiboon said: “This case will not be in the hands of the Justice Ministry’s Department of Legal Execution any time soon as it has to go through the Administrative Court’s process first. There have been many cases involving bureaucrats’ civil liability for causing damages to the state. After the court decides, we will step in to perform our duty accordingly.”

However, Boonsong, who is also a member of Pheu Thai Party, said the government had avoided due process by issuing an order under absolute power granted under Article 44, which was unfair. He said he would call on the court to suspend the asset seizure to prove the order was unlawful.

The ex-minister also plans to file both civil and criminal lawsuits against those who exercise authority under Article 44 in this case, because, he said, they should rely instead on the rule of regular law.

As for the rice deals, Boonsong insisted that no financial damage had resulted from the deals implemented by the Department of Foreign Trade under his supervision.

Besides Boonsong, former deputy commerce minister Poom Sarapol and four other senior commerce officials are facing civil liability lawsuits in which the government is seeking a combined compensation of Bt20 billion.

Distat Hotrakitya, secretary-general of the Council of State, said the case against Boonsong and others was based on the state officials’ civil liability law, which empowers the government to seek compensation from those who commit wrongdoings and cause financial damage to the state.