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.
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