No charges against mall shooter until mental treatment completed

OAG spokesman Prayuth Phetkhun said the Galya Rajanagarindra Institute, where the 14-year-old suspect is a patient, had assessed that he is unable to stand trial at this time.

Hence, public prosecutors had rejected the police case report since it was submitted before the institute’s psychiatric assessment was completed.

“Police investigators have to wait until doctors [treating the suspect] conclude that he is mentally sound to stand trial,” Prayuth said.

He added that the boy's case carried a 20-year statute of limitation.

The permitted pre-trial detention of the suspect ends on December 31.

The team treating the boy will meet again in January for another evaluation of his mental health, Prayuth said. It will also ask the suspect’s parents for permission to extend his stay at the institute, though doctors have authority to do so for his safety under the Mental Health Act.

The medical team must report treatment progress to police investigators every 180 days until the suspect is well enough to stand trial.

He can then be interrogated immediately, the spokesman said.

The shooting at the Bangkok luxury mall in October left three people dead and four others wounded.

Pathumwan police filed five charges against the suspect – premeditated murder, attempted murder, shooting in a public place, possession of unauthorised firearms, and carrying firearms in public without a permit.

Their investigation report was submitted to public prosecutors on December 20 but then rejected after it was discovered police had interrogated and filed charges on November 3 before the psychiatric evaluation was available.

The evaluation, submitted to police on November 21, stated the teenager had no understanding of the charges against him and was unable to control his emotions and behaviour. The report concluded that the young suspect was not fit to stand trial.