The Court of Appeal yesterday revoked three serious charges, including insurrection, against the People's Alliance for Democracy's nine core leaders, giving the group a huge morale boost.The nine are expected to turn themselves in to fight lesser charges later.
After the insurrection charges were dropped, the Criminal Court agreed to release two PAD core leaders Chaiwat Sinsuwong and Maj-Gen Chamlong Srimuang.
Two core leaders of the People’s Alliance for Democracy, Chaiwat Sinsuwong, left, and Maj-Gen Chamlong Srimuang smile as supporters greet them in front of Bangkok Special Prison after the two were released on bail yesterday. APICHIT JINAKU.
The moves came after the Administrative Court issued an injunction demanding police strictly observe international practices when dealing with protesters.
The court decisions followed Tuesday's violent clashes between police and PAD demonstrators. Police had tried to disperse PAD protesters and clear a path for Prime Minister Somchai Wongsawat to enter parliament to deliver the government's policy statement. Two people were killed and more than 400 injured in the incident.
In its ruling, the Appeal Court noted the judiciary needed to take into account the rights and civil liberties guaranteed by the constitution, in addition to the opinions of police investigators, when considering arrest warrants.
The court found the police investigators' charges of insurrection against the nine PAD leaders were "vague".
While the nine PAD leaders might have violated the law by orchestrating street protests culminating in the siege of Government House, there were no proper reasons to level the charges of insurrection, conspiracy to mount an insurrection and resisting police orders.
The court ruled to revoke the three charges against the PAD leaders and maintain two less serious charges of illegal assembly and inciting unrest.
Maj-Gen Chamlong and Mr Chaiwat were given bail for the less serious charges yesterday.
About 50 PAD supporters led by Somkiat Pongpaiboon, another PAD core member and Democrat list-MP, who gathered in the court compound erupted with joy.
The warrants for the arrest of the nine leaders were issued on Aug 27 - a day after they took over Government House.
PAD coordinator Suriyasai Katasila, one of the nine leaders facing arrest, said the PAD leaders would surrender to police to face the two remaining charges.
Pol Maj-Gen Anant Srihiran, chief of Metropolitan Police Division 1, said the PAD leaders have contacted police and are tentatively scheduled to turn themselves in today.
However, it is undecided if they will turn up at the Metropolitan Bureau or at the Nang Lerng police station.
Pol Maj-Gen Amnuay Nimmano, deputy chief of the Metropolitan Police Bureau, said the PAD leaders should not under-estimate the seriousness of the two charges when they surrender.
Pol-Maj Amnuay said the two charges are not petty as claimed by another PAD core leader Sondhi Limthongkul. The charge of inciting unrest is punishable by up to seven years in jail and the charge of illegal assembly carries a maximum five years in prison.
"He should first try to understand the gravity of the charges," he said.
Pol Maj-Gen Amnuay insisted the revocation of the insurrection charges will not affect the police investigation into the other offences.
A PAD lawyer, Suwat Apaipak, said the PAD leaders had yet to decide whether to lodge a complaint against police for making "exaggerated" charges.
Another PAD lawyer Nitithon Lamlua said the Administrative Court yesterday ordered the Royal Thai Police to follow international practice on crowd control when handling the protesters.
He said the court issued an injunction ordering Prime Minister Somchai to see to it that the police chief and police abide by the court's order.
According to Mr Nitithon, the injunction was in response to the PAD's petition filed against Mr Somchai and the police for alleged use of force to disperse the PAD demonstrators on Tuesday.
The court also ordered that its injunction be observed until it passes a ruling in the case or issues other orders.
Meanwhile, the government has decided not to seek a review of the Court of Appeal's decision to drop the charges against the PAD leaders, said government spokesman Natthawut Saikua.
"The government respects the court's discretion as it aims to bring peace to the country," Mr Natthawut said.
However, he insisted the police had acted within the boundaries of the law in seeking the arrest warrants for the nine PAD leaders.
He indicated the government did not violate the law or try to intimidate the PAD which considers it as the "enemy".
Sirisak Tiyaphan, chief prosecutor for foreign affairs of the Office of the Attorney-General, said yesterday the Court of Appeal's ruling is considered unprecedented.
He noted the decision reflects the exercise of a legal-political principle to resolve an urgent conflict.
The injunction was greeted with delight by PAD demonstrators gathering at Government House.
The protesters gave Maj-Gen Chamlong thunderous applause when he appeared on stage last night for the first time since he was arrested.
source bangkok post
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