The panel will then submit its findings to the NACC to consider and decide whether it should withdraw the case filed at the Supreme Court’s Criminal Division for Political Office Holders.
The defendants include former prime minister Somchai Wongsawat, his then-deputy General Chavalit Yongchaiyudh, former national police chief Pol General Patcharawat Wongsuwan and former Bangkok police chief Pol Lt-General Suchart Muankaew. The defendants reportedly filed a petition asking the NACC to look into their additional evidence.
NACC chairman Pol General Watcharapol Prasarnrajkit had said earlier that under law, the commission can look into the petition, but whether it decides to withdraw the case or not depends on the evidence.
He reiterated the point yesterday, saying that he had asked concerned officials to expedite the evidence review so the defendants can be treated fairly. The sub-panel will be chaired by the NACC secretary-general himself.
Yellow-shirt People’s Alliance for Democracy (PAD) protesters were violently removed from outside Parliament in October 2008, leading to the NACC filing malfeasance charges against the then-prime minister and his deputy, along with two police chiefs. Two people were killed and more than 300 injured, including police officers, during the crackdown.
One of the defendants, Patcharawat, is Deputy Prime Minister Prawit Wongsuwan’s brother and it is believed that the deputy PM backed his brother for the post of new NACC chairman, leading to speculation that nepotism could be at play.
Watcharapol said he acknowledged the speculation, and as the agency’s chairperson, he said he must proceed with the case with utmost care. However, he added that eventually the withdrawal of the case would depend on the court.
“Today, we are talking about using reason and law to lead our decision, not a sense of justice or injustice,” Watcharapol said. “According to law, we can consider and come up with reasons, and if our decision to withdraw the case is submitted to the court, it will be the court who finally decides whether the case should be withdrawn.
The point is we have not yet reached a conclusion.”
Watcharapol dismissed a former NACC member's remark that no cases have ever been withdrawn from court, saying the agency would adhere to the rule of law and proceed with the case.
Meanwhile, a source at the agency said the nine NACC members have started discussing the case to gauge each other's views. However, they will wait until the sub-panel wraps up its review before making a decision on the petition.