Court rules rally breakup was lawful

The Songkhla Provincial Court yesterday dismissed a case brought against a former national police chief and five other officers for breaking up a rally against a gas pipeline project 13 years ago in Hat Yai district.

The court said Pol Gen Sant Sarutanond, then national police chief, Pol Lt Gen Santarn Chayanon, then former chief of Provincial Police Region 8, and four other defendants had carried out their duties, while the plaintiffs had no evidence to prove abuse of authority by any of the officers.

Sor Rattanamanee Polkla, a lawyer for the plaintiffs, said the court decided to dismiss the case against the six police officers because the overall security operation at that time was led by the then Songkhla governor, who assigned Pol Lt Gen Santarn to disperse the protesters.

She said the court ruled Pol Gen Sant was also not involved in the case.

The court also decided that the operation was a reasonable act because the protesters had not complied with police’s earlier warning demanding that they leave the protest area. Pol Lt Gen Santarn was therefore found not guilty.

Pol Gen Sant, Pol Lt Gen Santarn and the four policemen were taken to the court by 25 plaintiffs who accused them of using excessive force to end their demonstrations against the project.

The rally by more than 1,000 demonstrators took place in front of the JB Hotel in Hat Yai on Dec 20, 2002, a day before a cabinet meeting led by former prime minister Thaksin Shinawatra was to be held at the venue.

The clashes between police and the protesters happened that night.

The violence injured several protesters who had taken to the streets in Hat Yai demanding the project in Chana district be scrapped due to concerns about its effects on their livelihoods and the environment. The project also included a gas-separation plant.

About 60 people converged at the court in Muang district yesterday to hear the court’s reading of the ruling, which took about an hour. Some held banners blasting the police officers who used force against the protesters.

Pol Col Surachai Suebsuk, one of the defendants, said he was relieved at the result, saying the court’s decision reflected the facts at the rally site.

He was an inspector at the time for Muang police station in Songkhla in charge of the police operation.

The protesters outside the courthouse, however, felt differently and planned to appeal.

Plaintiff Banjong Nasae said after the verdict that the complainants will take the case to a higher court, as they were within their rights to hold the rally and the officers who injured the demonstrators and damaged their property should be held responsible.

Roa-phaed Hadyumsa, another plaintiff, said all complainants will appeal as the verdict was not fair to them.

Mr Roa-phaed said he had lost the ability to use one of his fingers after a police officer struck him on the hand with a hard object while he was holding onto a fence during the protest.

“We negotiated with government representatives and they told us to wait for an hour. So we waited, had meals and prayed. That’s when we were assaulted by police,” he said.

The ruling yesterday came after the Supreme Court in the province on Oct 21 dismissed riot charges against 32 defendants arising from their protest.