Somchai, Chavalit, Patcharawat face criminal charges
OCTOBER 7 CRACKDOWN
Somchai, Chavalit and Patcharawat to face criminal charges
National anti-graft commission will file criminal charges against ex-Premier Somchai Wongsawat, ex-deputy PM Gen Chavalit Yongchaiyudh and Police Chief Pol Gen Patcharawat Wongsuwan for their involvement in the October 7 crackdown on yellow shirted protesters.
Wicha Mahakun, a commissioner of National Anti-Corruption Committee (NCCC), said the commission recommended severe disciplinary action against Patcharawat.
Wicha said Somchai and Chavalit would be charged with nonfeasance in violation of Article 157 of the Criminal Code.
The NACC also decided to seek both criminal and disciplinary actions against then Metropolitan police chief Pol Lt Gen Suchart Meunkaew.
They were among nine top officials alleged to have committed malfeasance in ordering and using force to disperse the crowd of PAD protesters rallying in front of the Parliament on October 7 last year.
Two protesters were killed and nearly 500 people were wounded or injured when police fired teargas into the demonstrators near Parliament and at Metropolitan Police Bureau headquarters.
Earlier National anti-graft panel said Monday it may delay today’s ruling on the October 7 crackdown on anti-government protesters after the national police chief submitted a letter of complaint and new evidence to the panel.
Somluck Chadkrabuanpol, a member of the National Anti-Corruption Committee , said Police Chief Pol Gen Patcharawat Wongsuwan submitted his complaint and additional evidence to the panel.
The panel will meet Monday to verify the evidence.
“If his evidence is not important, the NCCC will conclude the case immediately,” said Somluck, “but if the new evidence is significant to the case, we might delay the ruling.”
STATEMENT ISSUED
Royal Thai Police disputes NACC ruling
Royal Thai Police statement in defiance of the NACC ruling on the Oct 7 crackdown
The Royal Thai Police on Wednesday issued a strongly-worded statement challenging the National Anti Corruption Commission in its ruling on the botched crowd control.
In its seven-point statement, police vowed to fight the court battle related to the October 7, 2008 crackdown on protesters and made a sarcastic demand for the NACC to issue guidelines on crowd control.
The gist of the statement is as the followings:
1. The people are entitled to the right to hold a peaceful and unarmed assembly as per the Constitution.
2. Police officers are obligated to safeguard the rights and liberty of every citizen, fight against any violations of civil rights and ensure equal justice for all.
3. Police officers are duty-bound to enforce the laws promptly, justly and comprehensively.
4. In carrying out their duties, police officers are entitled to self-defence as deemed justified and within the legal sanction.
5. Every officer of the Royal Thai Police will steadfastly do their job regardless of difficulties triggered by the political situation.
6. National police chief General Patcharawat Wongsuwan is confident justice will prevail as he and every police officer involved have acted within the rule of law.
7. The NACC ruling was based on the October 7 incident alone which failed to factor in the related protests commenced since May, 2008. Evidence gathered by police indicated unruly protests.
Maj General Amnuay Nimmano, one of the key officers in charge of crowd control, said he wanted to pose a question right back at the NACC to spell out the proper guidelines for reining in the unruly crowds.
In its ruling, the NACC said police used excessive force for crowd control, he said. If the police were blamed for doing their job, then the NACC should lay down the rules on what police can or can not do, he said.
EC decides to seek disqualification of 16 MPs
The Election Commission decided Wednesday to seek a ruling by the Constitution Court to disqualify 16 MPs for holding shares in alleged violation of the Constitution.
They are accused of having violating the charter by holding shares in firms, which have received concessions from the state.
They are:
1 Sunai Julapongsathorn, Pheu Thai MP
2 Somphol Keyuraphan, Pheu Thai MP
3 Parnhathai Serira, Pheu Thai MP
4 Iam Thongjaisod, Pheu Thai MP
5 Phairoj Tanbanjong, Pheu Thai MP
6 Rangsan Wanchaithanawong, Pheu Thai MP
7 Preechaphol Pongphanit, Pheu Thai MP
8 Assanee Cherdchai, Pheu Thai MP
9 Maliwan Thanyasakulkit, Pheu Pandin
10 Sathit Thepwongsirirat, Pheu Pandin
11. MR Kittiwattana (Chaiyan) Pokmontree, Pheu Pandin
12 Kaukoon Darnchaiwijit, deputy transportation minister, Chart Thai Pattana
13 Treenut Thienthong, Pracharat
14 Sanoh Thienthong, Pracharat
15 Boonjong Wongtrairat, deputy interior minister, Phum Jai Thai
16 Mani Nopamornbodi, deputy public health minister, Phum Jai Thai
Sondhi convicted for libel, sentenced with two-year imprisonment
The Criminal Court on Thursday found media mogul Sondhi Limthongkul guilty for defaming
former deputy prime minister MR Pridiyathorn Devakula and sentenced him to serve two years in jail.
The court cited Sondhi as a repeat offender for libel to refuse to grant him leniency for a suspended jail term.
In its ruling, the court said Sondhi made wild accusations against Pridiyathorn with the aim to sway the public sentiment but had no evidence to back up his remarks.
Reacting to his verdict, Sondhi said he will fight for an overturn in the appellate review. He has sought a temporary release pending the filing of his appeal within 30 days.
As pliantiff, Pridiyathorn argued that Sondhi had smeared him by linking him to the old power clique, a reference to the ousted government led by ex-premier Thaksin Shinawatra.
Sondhi made his news commentary that Pridiyathorn was trying to whitewash the wrongdoing committed by the ousted government.
As examples of the whitewash scam, he cited Pridiyathorn’s involvement in the attempt to revive the two-and three-digit lotteries and in protecting former tax chief Sirote Sawasdipanich who was linked to facilitating Thaksin’s share transactions.
Sondhi’s remarks were published in the Manager newspaper and circulated in the Internet by ThaiDay Dot Com. Both outlets are part of his media empire.
As accomplice to circulate inflammatory remarks, newspaper editor Khunthong Loseriwanit was given a two-year suspended jail term and pay a fine of Bt30,000.
The court also ordered the defence to publish an apology for Pridiyathorn in daily newspapers for five consecutive days.
Abhisit says govt still has good ties with military
Prime Minister Abhisit Vejjajiva said his government still has good ties with the military.
Speaking during his TV programme, which was recorded Saturday and aired Sunday, the prime minister said the resignation of Police Commissioner-General Patcharawat Wongsuwan would not affect the ties.
Since Patcharawat is a younger brother of Defence Minister Prawit Wongsuwan, it was widely speculated that the mililtary would become dissatisfied against the government.
Abhisit said he understands how Prawit would feel but the issue would not affect the cooperation between the government and the military to work for the countries as all are sides are professional.
Those responsible for bloodshed must now answer for it
Police have completely misinterpreted the indictments by the National Anti-Corruption Commission related to last year’s October 7 crackdown on yellow-shirt protesters.
Indictments against former Prime Minister Somchai Wongsawat, former deputy prime minister Chavalit Yongchaiyudh, national police chief General Patcharawat Wongsuwan and former Metropolitan Police commissioner Lt General Suchart Muenkaew may have political and social ramifications – none of which will impact on the police service.
The lead suspects in the case are Somchai and Chavalit. The two have been charged with malfeasance [wrongdoing under the colour of authority]. Patcharawat and Suchart are accomplices for carrying out the instruction on botched crowd dispersal.
A number of police officers have raised hue and cry as if the indictments were designed to tarnish their professional integrity. They have failed unfortunately to notice that the case will be tried in the Supreme Court’s special tribunal with purview over charges involving political office holders.
If the case is about wrongful police procedures or criminal misconduct, then it should go through the normal judicial proceedings via the Criminal Court.
Because of the noisy reactions, the real significance of the case has gone virtually unnoticed.
It is the first time in modern Thai history where demands have been made for accountability for the cause of bloodshed.
Past anti-riot operations- including the incidents on October 14, 1973, October 6, 1979 and May 1992- brought about many painful memories but were allowed to fade away without accountability.
Somchai and Chavalit are the first Thai leaders targeted for prosecution as a lesson on the tragic consequences of their decisions.
Though circumstances differ markedly, a close analogy for trying Somchai and Chavalit is the 1996 conviction of two South Korean presidents Choon Doo-hwan and Roh Tae-woo, related to the Kwangju massacre in 1980.
The NACC has built up the case on one key issue – the failure of government and police leaders to intervene after the botched firing of tear gas had become lethal, allowing casualties to soar.
The gist of the NACC report is about the indifference to casualties inflicted. In the early morning of the tragic day, dozens of deaths and injuries were reported after anti-riot force fired tear gas canisters to open up the blockade at Parliament.
None of the government and police leaders showed any sensitivity to the blood spilled. Tear gas was supposed to be the non-lethal equipment for crowd control. Instead of trying to check the anomaly, policemen were condoned to keep on firing the gas. The casualties toll grew progressively in the afternoon.
The NACC did not fault the anti-riot procedures,nor the motive to crush protesters, nor the protests leading to the crowd’s dispersal.
Its report has brought up two core issues – accountability for the bloodshed and desensitivity to halting the casualties when possible.
The indictment against Somchai clearly spells out his strict instruction for police to ensure access to Parliament and his negligence to intervene after the botched operation became apparent.
Chavalit’s charge for malfeasance is based on the fact he encouraged police to use “every means” to disperse the protesters. Even though he resigned to assume responsibility, the NACC ruled his resignation was merely designed to elude legal proceedings.
Chavalit had closely monitored the crowd dispersal via two police aides, but he too failed to step in after deaths started to pile up, the NACC said in its report.
Patcharawat and Suchart have been indicted as enforcers of the botched operation. Since the two are in the police service, they will have to face mandatory disciplinary proceedings on top of the upcoming trial.
By his failure to halt the firing of tear gas, Patcharawat has been charged with dereliction of duty. The NACC contends he has compromised his job by trying to please his political overseers instead of saving people’s lives.
Suchart is indicted in his capacity as chief enforcer of the anti-riot operation. He too has been accused of putting political expediency ahead of his police professionalism.
Fresh evidence in Somchai’s case
BANGKOK: — The Senate yesterday voted to accept 11 items of defense evidence to be used in the prosecution case of former prime minister Somchai Wongsawat, who was indicted for abuse of power related to the botched anti-riot operation on October 7, 2008.
The fresh evidence was not included in the report submitted by the National Anti-Corruption Commission (NACC), which formed the basis for the prosecution.
In yesterday’s inquiry session, Somchai submitted a writ arguing that the prosecution proceedings be aborted on grounds that the NACC had failed to notify him about its investigation and the subsequent indictment, which paved the way for impeachment on top of criminal accountability.
Senate Speaker Prasobsook Boondech, in his capacity as the prosecution inquiry chairman, ruled to strike down the defence writ and justified his decision by saying that the Senate had no mandate to render judgement on how the NACC did its job.
“Under the Constitution, the Senate is obliged to activate and draw conclusions on the prosecution inquiry after the NACC has submitted its report determining the cause for the action,” he said.
After examining the evidence, the Senate has until next Tuesday to hear the opening statements of the prosecution and defence teams, and should have the inquiry completed by March 15.
To impeach Somchai, the upper chamber must muster at least 90 votes or three-fifth of the 150 seats.
If impeached, Somchai would be penalised with a five-year ban against holding political office.
The fresh defence evidence includes a picture of Angkhana Radabpanyawuth’s corpse, which will be used as proof that not all casualties were caused by teargas used for crowd control.
The other key evidence is the prosecution’s review of the criminal proceedings, which includes Office of the Attorney General’s objection that the NACC report focused too much on the flaws of the anti-riot operation and had not factored in the merits.
The defence also wants to highlight a police report explaining why it was necessary to rein in the crowds.