PAD to sue NACC for acquittals

Justice eyed for 2008 crackdown victims

The People’s Alliance for Democracy (PAD) yesterday resolved to pursue a criminal suit against the National Anti-Corruption Commission (NACC) for alleged double standards and cronyism.

In a statement read at a press conference by former spokesman Parnthep Pourpongpan, the PAD said it found the NACC’s decision to appeal against the acquittal of only one out of four people found not guilty of wrongdoing for their role in a 2008 crackdown on yellow-shirt protesters “unfair”.

The statement said the move was contrary to a resolution by a previous group of NACC members, who had sought to have all four suspects prosecuted.

Previous NACC members found there were solid grounds to have the four suspects held responsible for the violent 2008 dispersal of the PAD demonstrators, which left two dead and 471 injured, said Mr Parnthep.

The NACC today plans to appeal against the ruling by the Supreme Court’s Criminal Division for Holders of Political Positions concerning former metropolitan police commander Suchart Mueankaew, 66, one of the four, over his role in the fatal dispersal.

Then-prime minister Somchai Wongsawat, 70, was also acquitted, as was his deputy prime minister Chavalit Yongchaiyudh, 85, and then-national police chief Pol Gen Patcharawat Wongsuwon, 68.

The three were charged with abuse of authority while Pol Lt Gen Suchart faced a malfeasance charge.

In its Aug 2 ruling, the court said the defendants had performed their duties in line with the constitution by clearing the way for cabinet members and MPs to leave parliament. It also denied the gathering was a peaceful one and as such could be cleared under the law.

The PAD alleges the NACC’s decision not to appeal the acquittals is clearly an attempt to save the men, said Mr Parnthep.

The PAD also said the current NACC members come from the National Council for Peace and Order and the Yingluck Shinawatra government, said Mr Parnthep, adding that Pol Gen Patcharawat is a younger brother of Deputy Prime Minister and Defence Minister Prawit Wongsuwon.

Some members of the NACC had even attempted to withdraw the case from the court’s consideration, raising questions over whether the move represents a display of double standards and cronyism, he said.

“We will next call a meeting over the [2008 crackdown] victims and our legal team will discuss what channels the PAD should use [to fight for justice] under the law and the constitution,” said former PAD coordinator Suriyasai Katasila.

NACC president Watcharapol Prasarnrajkit, meanwhile, said the NACC decided to appeal only against the acquittal of Pol Lt Gen Suchart as legally there was a good chance of victory.

The NACC focuses on the legal merit, not people, when considering appeals, he said.

Pol Gen Watcharapol denied speculation the NACC had secretly made its decision in exchange for assurances the National Legislative Assembly would pass the new NACC bill, which would extend the tenure of the current NAAC members.

When asked what he thought about criticism he had played a role in sparing his brother from the appeal, Gen Prawit said: “Let them criticise whatever they want. I didn’t do anything [to interfere with the NACC’s decision].”