Premeditated-murder charge possible in the killing of disabled man, justice official says

Investigators have insisted that there is no evidence to back a charge of premeditated murder as sought by the victim’s relatives. But Thawatchai Thaikhiew, the deputy permanent secretary for Justice, said yesterday on his Facebook page that the case could be within a frame of premeditated murder. 

He cited a video clip showing one suspect making a phone call and waiting for friends to come along with weapons. That wait to commit the crime, he said, could suggest premeditation. 

He said Thai courts would consider two things to decide if a crime was premeditated; firstly, the time period before a crime occurs (a person who, having had a fight, returned to shoot his rival 10 minutes later – this was regarded as a premeditated act, according to several Supreme Court rulings); and secondly, action to show plotting ahead of a crime.

Police insist they have pursued the case according to evidence. Acting Metropolitan Police chief Pol Lt-General Sanit Mahathaworn said yesterday if the victim’s relatives did not back the police case, they could have a lawyer appeal to the court or request to be a co-plaintiff. 

He said he would also check if comments about this case by some people who did not know all the facts could be insulting to police officers. 

Sanit said suspects told police that they had argument with the victim and then went their separate ways. They drank and four of them went to bed, while four others rode two motorbikes past the victim’s shop, resulting in another argument and subsequent “fight”, before they called friends for help. So, this was not seen as a premeditated crime. The “fight” came from a new argument – not that the suspects intruded and fatally assaulted the victim, he said.

Police spokesman Piyapan Pingmuang, meanwhile, said all those involved in the case would face justice. He said the Royal Thai Police would not intervene in the investigators’ work. And if police did not pursue a charge of premeditated murder, the victim’s relatives could become co-plaintiff and file such a charge themselves.

The murder charge the seven suspects face has punishment ranging from 15-20 years in jail, a life or death sentence, but premeditated murder has a harsher punishment – only the death sentence, he said. 

The victim’s nephew, Methas Polprasert, said he was disappointed that police wouldn’t file the premeditated murder charge despite clear evidence. He said the family was consulting their lawyer to see if they could propose it to the court themselves. The family’s lawyer Anantachai Chaidet said, if the police wouldn’t add this charge, he would appeal to Prime Minister, the Attorney-General and related agencies.