Lawsuit against Abhisit and Suthep rejected

The Appeals Court upheld the decision of the Criminal Court that, if the suit is to be filed, it must be filed on the recommendation of the National Anti-Corruption Commission (NACC) with the 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 crack down on red-shirt protesters in April and May 2010.

The public prosecutors filed the lawsuit against Abhisit and Suthep at the recommendation of the then Department of Special Investigation (DSI) chief Tarit Pengdit.

Tarit asked public prosecutors to file a criminal lawsuit against Abhisit and Suthep, accusing them of using others to commit murders, knowing that the crackdown on the red-shirts with live ammunition 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 lawsuit said that on April 18, 2010 Abhisit and Suthep authorised the Centre for Resolution of the Emergency Situation (CRES) to allow security officials to use real bullets while carrying out their duty. CRES ordered crowd-control operation at areas near Lumpini Park and blocked the area to limit the number of protesters.

The Appeals Court ruled that from April 7 to May 19, 2010, Abhisit and Suthep carried out the actions in their capacity as the prime minister and deputy prime minister as empowered by the emergency decree. So, they did not commit criminal actions on a personal basis as charged.

The court said the two issued orders to protect lives of the public and security officials, and public assets.

The Appeals Court said it would be the responsibility of the NACC to decide whether the two had committed abuse of power or not.

The court said the DSI did not have authority to investigate the case. 

The Criminal Court in August 2014 dismissed the murder charges brought against Abhisit and Suthep for ordering a military crackdown on red-shirt protesters during their protests from April to May 19, 2010.

The court said that the offences regarded abuse of authority and the case should be tried by the Supreme Court’s criminal division for political office holders. Also, the court noted that the case was being investigated by the NACC.

Chokchai Angkaew, lawyer for the plaintiffs said he would consult with public prosecutors over whether to appeal the ruling.

He said he personally believed the case should go all the way to the Supreme Court.

Adul Chetwong, special public prosecutor of Special Case Division, said the case needed the attorney-general’s endorsement to appeal the case.

Abhisit said he had fought the legal battle on the point that the DSI did not have authority. Suthep said he was not concerned about the case.