Chief Judge of the court, Tawee Prachuaplarp, spoke yesterday after a meeting of judges. He said the court had received a request from Democrat MP Nipit Intarasombat to review Kokaew’s behaviour.
The court had seen video discs, newspapers, and transcripts of TV and radio programmes and considered Kokaew might have violated the bail conditions, Tawee said.
Other red-shirts had behaved in a similar manner so the court would summons other defendants in the three terrorism cases on the same day. Veerakarn Musigapong, Arisman Pongruangrong and Deputy Minister for Agriculture and Agricultural Cooperatives Natthawut Saikua are among 20 people in total.
The Criminal Court has already summonsed former Pheu Thai MP Jatuporn Promphan on Monday (July 23) after a request by the Constitution Court spokesman to review his bail.
Tawee said the court would hear Nipit first then allow defendants to bring evidence to defend themselves. If the court revokes bail, the defendants will be able to seek a review by the Appeal Court or the Supreme Court but they cannot stop the trial. However, August 9 is during the next House session, so red-shirt leaders who are MPs may claim immunity and refuse to appear in court. But the court would continue to try the other defendants.
The trial would be suspended for MPs with immunity but once the parliamentary session is over, the cases would continue and the MPs must appear in court. Otherwise, they would be considered to have escaped and would face warrants and then arrest without trial, the chief judge said.
Tawee said defendants who get bail must be careful. Saying things without any care about the court’s mandate would yield bad results for them and society.
“May I warn the defendants who are MPs, especially the leaders (of the red shirts), although you were exercising the right of expression, the opinions must not affect other people’s rights and must not be incitement that encourages people to violate the law. For Kokaew, I have seen him very close to violating the bail conditions. This affects the institution of justice. It’s the duty of the Criminal Court to take charge,” Tawee said.
Kokaew said last week the red shirts threatened the Constitution Court judges with citizen’s arrest if their ruling last Friday blocked moves to amend the charter.
Meanwhile, some 90 red shirts from Pathum Thani filed a complaint with police yesterday against the nine Constitution Court judges. The group was led by Wutthipong Kachathamkhun, an announcer at a red-shirt community-radio station in Pathum Thani.
The protesters gathered in front of the Constitution Court at the Government Complex at 11.30am. They carried banners condemning the judges and displayed a mock coffin with the names of the nine judges before burning it. They also gave out copies of their complaint filed at Kukot police station in Pathum Thani against the judges.
Wutthipong said his group alleged that the nine judges had committed sedition and falsified documents to “pretend to had the authority to make a ruling” on constitution amendments.
The complaint was filed with police on Saturday because the group felt the judges had no authority to try complaints against charter amendments, he said.
The court ruled that charter amendments could be made on an article-by-article basis but advised that a new charter could not be drafted unless a public referendum is held first.