NACC decides not to withdraw case over Oct 2008 crackdown

The NACC has pressed charges against the then prime minister and his deputy, plus two high-ranking police officers for alleged malfeasance after the People’s Alliance for Democracy protesters were violently dispersed from outside Parliament in October 2008, resulting in two deaths and more than 300 injured.

Those charged were former prime minister Somchai Wongsawat, General Chavalit Yongchaiyudh, former national police chief Pol General Patcharawat Wongsuwan and ex-Bangkok police chief Pol Lt-General Suchart Muankaew.

The defendants recently submitted additional evidence to the NACC, asking it to withdraw the court case.

NACC secretary-general Sansern Polajiak, who led a committee to consider a petition to drop the suit, said the committee has resolved yesterday on whether to drop the suit or not.

The decision would be officially endorsed on May 24 before submitting to the NACC on May 26.

He said his committee made the decision after considering facts, laws and opinions from the public over the issue.

Anti-corruption activist Veera Somkwamkid has threatened to sue the NACC if it drops the case, citing nepotism because one of the defendants, Patcharawat is Deputy Prime Minister Prawit Wongsuwan’s brother.

The deputy PM reportedly backed Watcharapol Prasarnrajkit as the new NACC chairman.

Asked if the committee has suggested that Watcharapol should not have the right to vote over the dropping of the case, Sansern said that his committee has no responsibility to make such a recommendation.

The NACC source said the anti-graft agency must take extreme caution in deciding on the case because the decision would affect the image of the agency. 

“The NACC must scrutinise if the new evidence is valid and if the dropping of the suit is legal since it has already filed the case with the Supreme Court’s Criminal Division for Political Office Holders,’’ the source said.

“Watcharapol may have to consider whether it is suitable for him to vote in the decision since the issue has triggered public sentiment. No one can think for him if he should withdraw from voting,’’ the source said.

The NACC last year dismissed charges of malfeasance against former prime minister Abhisit Vejjajiva and then-deputy PM Suthep Thaugsuban and ex-Army chief General Anupong Paochinda in connection with the crackdown on red-shirt rallies during the 2010 political protests.

The source said the NACC would have to scrutinise if the government crackdown on the yellow shirts in 2008 followed the emergency operation plan in dispersing rallies. The NACC dropped the suit against Abhisit and others because they had followed the plan in accordance with the law.