Department of Special Investigation director-general Tarit Pengdith said the case of Phan Kamkong was the first of 36 fatality cases that prosecutors had filed with the court. The DSI will classify it as a murder and use it to set a norm for other cases, he said.
Responding to Tarit, Opposition Leader Abhisit Vejjajiva, who was prime minister at the time, said the case could not be used to conclude that all deaths during the 2010 protests were the result of government officials’ conduct.
The Criminal Court said Phan, 43, was caught in a volley of gunfire when he ran out of an apartment block to see what was happening after hearing soldiers open fire at a van that had strayed into an area under army control. After being shot, he collapsed outside the IDO condominium near the Airport Rail Link’s Rajprarop Station.
“He was killed by gunfire from weapons of military personnel who fired at a van that drove into a restricted area,” said Judge Jitakorn Patanasiri, adding that the troops were on duty and following orders at the time.
Forensic ballistics experts told the court that the bullet that killed Phan was the same as the ones used to shoot at the van, which the army has admitted firing upon.
Military personnel said the van driver ignored instructions to stop. Soldiers, fearing a potential car bomb, opened fire.
In his testimony, the van driver said he had been dropping off guests at a hotel and had got lost trying to get home.
The slain taxi driver’s widow, Noochit Kamkong, 42, said she felt relieved upon hearing the court’s ruling. She added that her late husband never attended red-shirt rallies. She said she had received Bt3.5 million in compensation for her husband’s death.
Abhisit is facing a probe by the National Anti-Corruption Commission over a complaint filed by the red shirts regarding his orders to crack down on protesters. However, he said the military was given orders to secure the area, which is different from orders to kill or cause civilian casualties.
“Prosecutors and investigators cannot use this case to set a norm for the other cases. These cases did not happen at the same place and time,” Abhisit said yesterday.
The former prime minister said he would exercise his legal rights if he found that the probe into the 91 deaths during the 2010 riots was unjust.
Abhisit made his remarks after Tarit said the taxi driver’s death would be treated as a murder case.
“Tarit’s comment was the same as that made earlier by the other political camp. I am considering whether the statement is misleading. I will look at legal venues to exercise my rights in self-defence,” Abhisit said.