The Supreme Court ruled to uphold the dismissal of charges against United Front for Democracy Against Dictatorship (UDD) allies accused of bombing that killed Gen. Romklao. The case was dismissed due to overlapping charges with a terrorism case and insufficient evidence to convict them as accomplices to the crime of support.
In courtroom 608 at the Criminal Court on Ratchadaphisek Road at 13:30 on 19 Mar, the Supreme Court heard the verdict on the murder case of Gen. Romklao Thuatham, former Deputy Chief of Staff of the 2nd Infantry Division, King's Guard (2nd Infantry Division, King's Guard), and his subordinates. The Special Case Prosecutor 1 filed charges against defendants Suksakol Platu, Ms. Kanokporn Siriphanapirat, former TV host on People's Station Asia Update, and Mr. Surachai or Rang Thewarat, UDD allies, as defendants 1-3. They were charged with supporting others in premeditated attempted murder of officials, possessing firearms and ammunition, and causing explosions resulting in severe injury and death.
The prosecution alleged that between 15 Nov 2009 and 20 May 2010, the UDD group held protests at Democracy Monument demanding then-Prime Minister Abhisit Vejjajiva resign. On 7 Apr 2010, Abhisit declared a serious emergency in Bangkok and established the Centre for Emergency Situation Administration (CESA) to recover control of Ratchadamnoen Klang Road from the Khok Wua intersection toward Democracy Monument.
On 10 Apr 2010, defendants 1 and 3 along with others jointly possessed three M67 fragmentation grenades each. Defendant 2 financially supported and procured the grenades. The defendants intended to kill others by throwing two grenades at military personnel on duty in front of Satri Witthaya School on Dinso Road. This caused the death of Lt. Gen. Romklao Thuatham, Deputy Chief of Staff of the 2nd Infantry Division, King's Guard, and five other officers, while several others were severely injured. The defendants denied these charges.
The trial court and the Court of Appeals both ruled to dismiss the case.
The Supreme Court convened and considered whether this case constituted double jeopardy with criminal case number Or.2542/2553 at the Criminal Court. That case involved defendants 1 and 3 along with UDD leaders being charged with terrorism. The Supreme Court found that the acts attributed to defendants 1 and 3—the facts, timing, location, and related persons or objects—were the same: the grenade attack on military officials on duty that caused the deaths of Lt. Gen. Romklao and three soldiers, and injuries to others.
This single act was a life-threatening offense involving harm to the public. The prosecution sought punishment for offenses against state security, terrorism, and public peace. The acts alleged against defendants 1 and 3 in both cases constitute the same offense under multiple laws according to Penal Code Section 90, not separate offenses under Section 91. Since the offenses in both cases are the same, prosecuting defendants 1 and 3 in this case duplicates the case Or.2542/2553, which was already under court consideration. The Court of Appeals ruled this was double jeopardy and dismissed the charges, a view the Supreme Court agreed with. The prosecution’s appeal on this point was rejected.
The next issue to consider was whether defendant 2 aided and abetted defendants 1 and 3 in committing the alleged offenses.
The prosecution's indictment claimed defendant 2 provided financial support but lacked details on how, where, when, or to whom such financial assistance was given. This indictment lacked factual details and specifics about the time and place of the alleged acts.
Therefore, there was no need to examine the prosecution's witnesses on this point. Testimony did not confirm that the grenade allegedly thrown by defendant 1 at the scene was the same grenade allegedly kept in defendant 3's bag, taken from defendant 2's home, or that defendant 2 procured it or supported the offense. Documents found at defendant 2's home included a list of security guards affiliated with Lt. Gen. Khattiya Sawasdipol, which included defendant 1's name. These facts only indicated that defendant 2 and her husband shared political views with the UDD at that time, not that defendant 2 procured the grenades used in this offense. The prosecution failed to prove defendant 2's guilt as charged, and the lower courts' dismissal was affirmed by the Supreme Court. The prosecution's appeal on this point was rejected.
The verdict was upheld: the case was dismissed.
Reporters noted that previously the Supreme Court sentenced defendant 1, Suksakol Platu, to life imprisonment in another case involving firing an M79 grenade launcher at residences, personnel gathering, and serious weapon possession during UDD protests in 2010 aimed at ousting then-Prime Minister Abhisit Vejjajiva. Meanwhile, defendant Yoswarit Chuklom, aka Jeng Dokjik, was sentenced to 5 years and 4 months imprisonment without suspension for being an accomplice.