Abhisit, Suthep lose DSI lawsuit

The Supreme Court yesterday upheld lower court decisions to dismiss a malfeasance case against former Department of Special Investigation (DSI) chief Tarit Pengdith and three other officials.

The case was filed by former prime minister Abhisit Vejjajiva and his then deputy, Suthep Thaugsuban, who accused the four of committing malfeasance and intentionally victimising them by pressing murder charges against them for their role in authorising the crackdown on red-shirt protesters in 2010.

The pair accused the four of pressing unfounded charges and claimed the DSI had no authority to bring such charges against them as the case was being handled by the National Anti-Corruption Commission (NACC).

Mr Tarit and the three other defendants — Pol Lt Col Wannapong Kotcharak, Pol Maj Yutthana Praedam and Pol Capt Piya Raksanook, all of whom investigated the protest dispersal — were in court to hear yesterday’s ruling.

The court said witnesses provided by Mr Abhisit and Mr Suthep carried little weight and the evidence presented in court was circumstantial.

There was no evidence that could lead to a conclusion beyond reasonable doubt that Mr Tarit had deliberately resorted to victimisation or was driven by ill intention to persecute the plaintiffs as accused, the court said.

The murder charges were pressed by a committee that consisted of the DSI officials and a prosecutor. The committee decided to lay charges based on the result of an inquest into the death of a man called Pan Kamkong, who died during protest dispersal.

On whether the committee had the authority to press charges, the court found the panel was acting within the law.

However, it could not act alone. It had to forward the case to the Office of the Attorney-General which decided whether to prosecute, the court said, adding that there was therefore insufficient evidence to prove the four committed malfeasance.

The Court of the First Instance and the Appeal Court earlier threw out the case as they considered the four officials to have acted lawfully.