‘Boss’ case not yet closed

[webfact]

‘Boss’ case not yet closed

By The Nation

 

 

Doubts are being raised over whether the fatal hit-and-run case against Vorayuth “Boss” Yoovidhya, heir to one of Thailand’s richest families, is actually over.

 

Police informed Vorayuth by mail that prosecutors had dropped the last charge against him over the 2012 killing of a motorcycle cop – a decision police did not object to.

 

However, neither the police nor the prosecution has final power to drop the case, according to Section 145 of the Criminal Code. That power lies with the Attorney General, since his decision is binding if the police decide to oppose the prosecutors.

 

These and other complexities of the Thai Criminal Procedure Code are prompting people to wonder whether the case expired after the national police chief did not oppose prosecutors’ decision to drop the last charge. And if it has expired, could it be reopened or would the case be corrupted?

 

Doubt is also growing over whether police had to voice any opinion on the dropping of charges, since the move was taken by prosecutors and not the Attorney General himself.

 

Media sought answers to these questions from Prayut Petchkhun, deputy spokesman for the attorney-general and a member of the taskforce established to investigate the Vorayuth case.

 

He declined to give direct answers but said his team had to examine all investigations in the case. As per the law, if the prosecutors drop the charges, the case cannot proceed unless there is new evidence or the victim’s relatives submit charges to court.

 

His statements prompted the media to dig for more information from several lawyers. They said the case could now go in one of three different directions:

 

1. Under Criminal Procedure Code sections 145/1 and 147, prosecutors drop charges, the police do not object, and no further investigation is allowed unless new evidence is found.

 

However, this route prompts the question of why authorities established a panel of prosecutors, police and independent experts led by Professor Vicha Mahakun to investigate the dropping of charges, when it would seem wiser to seek new evidence.

 

Old evidence was used by prosecutors to deliver charges, but then more witnesses were interrogated by different prosecutors, who decided not to carry on with the case.

 

2. Wait for the case to be examined by the Attorney General’s taskforce. If there are signs of corruption or fake evidence, inquiry officials or prosecutors can reopen the case.

 

However, this route would take time meaning the accused could present more evidence to lessen the penalty.

 

3. The Attorney General’s Office (OAG) might reopen the case since the attorney general, has the power to reverse the prosecutors' move.

 

Moreover, lawyers said that police and prosecutors do not have the judicial authority to consider the case as if they were the court. Thus the case can still be changed – just as the prosecutors changed their minds and dropped the last charge.

 

If the case is found to be corrupted or has unreliable evidence or witnesses, the Attorney General can reopen it without waiting for the taskforce.

 

Legal experts acknowledged that items 2 and 3 may not seem to follow the letter of the Criminal Procedure Code, but they added that judicial organisations should prioritise the greater significance of justice and the rule of law in this case.

 

Another way of reopening the case would be for relatives of the victim, Wichian Klanprasert, to submit charges to court.

 

However, Section 5(2) of the Criminal Procedure Code stipulates that only parents, offspring or the husband or wife of the victim can bring a case, and Wichian had none.

 

Finally, another seemingly legitimate reason to reopen this infamous hit-and-run case is that police had concluded their inquiries and were reportedly in the process of interrogating more witnesses identified by the prosecutors.

 

Charges may have been dropped against Vorayuth, but it remains in doubt whether the case is closed.

 

Source: https://www.nationthailand.com/opinion/30392212

 

-- © Copyright The Nation Thailand 2020-07-31

 

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[Somtamnication]

LOL. Notification sent by MAIL. They knew where he was all along.

One witness down, one more to go then free as a looney bird!

[Mavideol]

4 minutes ago, webfact said:

Police informed Vorayuth by mail that prosecutors had dropped the last charge against him over the 2012 killing of a motorcycle cop – a decision police did not object to.

informed by Mail, wait a minute, but the police said they didn't know his whereabouts 555

[RotBenz8888]

52 minutes ago, webfact said:

If the case is found to be corrupted

Are they having a laugh????

[ezzra]

58 minutes ago, Somtamnication said:

LOL. Notification sent by MAIL. They knew where he was all along.

One witness down, one more to go then free as a looney bird!

Probably meant by email, you know By mail or by email is asme-same here...

anyway, what ever the outcome is just make sure that non of it will come to bite you on the ass

in later years...

[rasmus5150]

1 hour ago, Somtamnication said:

LOL. Notification sent by MAIL. They knew where he was all along.

One witness down, one more to go then free as a looney bird!

The witnesses in question are for the defense, not the prosecutor.

[rkidlad]

1 hour ago, webfact said:

‘Boss’ case not yet closed

Seems many Thais are very interested in this case. Even if they don't care if the Red Bull rat gets away with it or not.

 

Seems public interest and outcry has officials seriously spooked. Me thinks they won't be trying to pull something of this magnitude off again anytime soon. Funny, 'cause I was told that condemnation of this whole saga was a waste of time because nothing changes in Thailand.  It's the way it is so accept it. Well, thank goodness the locals think more highly of themselves. 

 

Oh, the bigotry of low expectation. 

 

[Geoffggi]

When saying they are wrong is no enough !!!!!!!!!!

[PatOngo]

These clowns would'nt know if you were up them, even if you gave them a tap on the shoulder! ???? 

[crazykopite]

Police informed him (Boss) that all charges had been dropped against him how can this be the case when they have been looking for him since 2012 when he apparently disappeared from the face of the earth 

[Litlos]

Time to buy shares in a brown envelope manufacturer as the circle of interested and affected parties appears to be expanding, of course then there is the PM and another committee. 

 

Cheers

[MrMo]

2 hours ago, rasmus5150 said:

The witnesses in question are for the defense, not the prosecutor.

But now there is only one witness for the defense who could withdraw his statement. 

[Hayduke]

24 minutes ago, Litlos said:

Time to buy shares in a brown envelope manufacturer as the circle of interested and affected parties appears to be expanding, of course then there is the PM and another committee. 

 

 

Incentive payments to some low level, insignificant lackeys may arrive in envelopes….but the General graduated from envelopes years ago. His share of the Voovidhya swag will arrive in the usual...well-guarded army vehicles.

 

 

 

[thequietman]

4 hours ago, webfact said:

However, Section 5(2) of the Criminal Procedure Code stipulates that only parents, offspring or the husband or wife of the victim can bring a case, and Wichian had none.

So, who did they pay the money to then, if he has no family?  ????

[Orton Rd]

They really don't care

[hotchilli]

4 hours ago, webfact said:

Police informed Vorayuth by mail that prosecutors had dropped the last charge against him over the 2012 killing of a motorcycle cop – a decision police did not object to.

The police have always maintained that they had no information on his whereabouts?

So how the hell can they inform him by mail?

This is becoming a complete farce, if the government and the attorney General allow this to continue it will be the end of any credibility regarding the RTP and the law court system.

This has to stop... and soon, the AG has to step in and abide by the law or resign his position.

[Venom]

Ran over and killed a cop hit and run and the perp didn't even have to make a single court appearance. Wow.   ????????

[Bundooman]

1 hour ago, MrMo said:

But now there is only one witness for the defense who could withdraw his statement. 

Maybe the dead guy was going to withdraw his statement.

And now he can't

[Chang_paarp]

1 hour ago, Hayduke said:

 

Incentive payments to some low level, insignificant lackeys may arrive in envelopes….but the General graduated from envelopes years ago. His share of the Voovidhya swag will arrive in the usual...well-guarded army vehicles.

 

 

 

You missed the cake box episode a few years ago, when a prominent judge received the "wrong" cake box by mistake. He got the one that was meant to pay for a house.

[kentrot]

4 hours ago, rasmus5150 said:

The witnesses in question are for the defense (sic), not the prosecutor.

I think most of us understand that.

 

But .... is  it possible that some angry members of the public who demand justice want to level the playing field ? A sad supposition but anything seems to go these days. If I were the 2nd witness trying to defend "Boss"  ,  I'd be shaking in my boots. 

[sambum]

5 hours ago, Mavideol said:

informed by Mail, wait a minute, but the police said they didn't know his whereabouts 555

Maybe it was a homing pigeon?

[Derek B]

5 hours ago, ezzra said:

Probably meant by email, you know By mail or by email is asme-same here...

anyway, what ever the outcome is just make sure that non of it will come to bite you on the ass

in later years...

Probably wrote to his lawyers or his "Daddy".

You could probably nick him at the GB Silverstone F1 Grand Prix.

[Derek B]

6 hours ago, webfact said:

However, Section 5(2) of the Criminal Procedure Code stipulates that only parents, offspring or the husband or wife of the victim can bring a case, and Wichian had none.

That is it then nobody carried enough on his behalf................so sad. No big pay out to family needed either.

[Litlos]

1 hour ago, Hayduke said:

 

Incentive payments to some low level, insignificant lackeys may arrive in envelopes….but the General graduated from envelopes years ago. His share of the Voovidhya swag will arrive in the usual...well-guarded army vehicles.

 

 

 

Is that what the ones towing trailers are doing.

 

Cheers

[tomauasia]

It's over his free so move on

[Litlos]

17 minutes ago, Derek B said:

That is it then nobody carried enough on his behalf................so sad. No big pay out to family needed either.

I thought I remebered a wife and checking in the unamed BP I found "Nongnoot Saengpraphan, 31, mourns the death of her ex-husband, Pol Snr Sgt Maj Wichian Klanprasert, yesterday." No time to check but I thought there were a couple of kids and a payout at the time.

 

So something not adding up here or ever.

 

Cheers

[tomauasia]

1 hour ago, hotchilli said:

The police have always maintained that they had no information on his whereabouts?

So how the hell can they inform him by mail?

This is becoming a complete farce, if the government and the attorney General allow this to continue it will be the end of any credibility regarding the RTP and the law court system.

This has to stop... and soon, the AG has to step in and abide by the law or resign his position.

You only worked it out now. Where you been the last 30 years 

[Peterphuket]

6 hours ago, Mavideol said:

informed by Mail, wait a minute, but the police said they didn't know his whereabouts 555

Lies in plural.

[digger70]

7 hours ago, Mavideol said:

informed by Mail, wait a minute, but the police said they didn't know his whereabouts 555

That would be an E Mail.

[jpduggan]

So sad for Thailand. Just proves that nothing changes. So when are the Shinewatras coming home ?