The Appeals Court upheld the decision of the lower court that the suit must be filed – if filed – at the recommendation of the National Anti-Corruption Commission with Supreme Court’s Criminal Division for Holders of Political Office.
The Appeals Court agreed with the lower court that the Criminal Court has no authority to try the case against Abhisit and Suthep related to the deployment of troops to crackdown on red-shirt protesters in April and May 2010.
The public prosecutors field the lawsuit against Abhisit and Suthep at the recommendation of then Department of Special Investigation chief Tarit Pengdit.
Tarit asked public prosecutors to file a criminal lawsuit against Abhisit and Suthep, accusing them of using others to commit murders, knowingly the red-shirt crackdown with live ammunitions would lead to deaths and injuries.
The lawsuit held Abhisit and Suthep responsible for the deaths of a taxi driver, Phan Khamkong, and a 14-year-old boy, Kunakorn Srisuwan as well as the injury of a van driver, Samorn Maithong.
The Appeals Court ruled that the two carried out the actions in their capacity as the prime minister and deputy prime minister as empowered by the emergency decree. So, they have not committed personal criminal actions as charged.
The Appeals Court said it would lie in the responsibility of the NACC to decide whether the two had committed abusing of power or not.