Court acquits Thai policeman accused of launching RPG attacks

[webfact]

Court Acquits Policeman Accused Of Launching RPG Attacks
By Khaosod Online



BANGKOK: -- Court of Appeals dismissed the case of a former policeman accused of firing RPG at the Ministry of Defence building during the turbulent month of March 2010.

Mr. Bundit Sitthitam was arrested and charged with the attacks on the Ministry just as the Redshirts protests were beginning in Bangkok.

Prosecutors argued that he was a Redshirt sympathiser who launched the attacks along with other individuals in order to terrorise the government at the time to dissolve the Parliament as a part of the Redshirts tactics to "cause violent, chaotic situations" in the capital city.

The RPG missile missed its target and hit into telephone cable equipment operated by TOT Communication Company instead, causing 39,421 baht in damage according to the police.

The Criminal Court initially found him guilty in December 2011 and sentenced him to 38 years in jail. However, Mr. Bundit insisted he was innocent and appealed the decision.

Today, the Court ruled in Mr. Bundit′s favour, noting that witnesses failed to agree on even the identity of the attackers and there were many questionable details in the case.

For example, some witnesses claimed Mr.Bundit was the driver of the car at the scene, while some argued that he was a passenger. Moreover, some believed he was wearing a hat, but some others told the court he was not.

Since it could not be proven beyond reasonable doubt that Mr. Bundit was the attacker, the judges said, they decided to acquit Mr. Bundit.

However, the prosecutors said they would fight the case to the Supreme Court, and the Court of Appeals has ordered that Mr. Bundit remain in jail as the case is being processed up to the higher court.

Nevertherless, Mr. Bundit was visibly overwhelmed by the Court′s decision to acquit him; he started to cry as the judges read the verdict throwing out the case. He told our correspondent while he was being escorted back to the jail that “I have been waiting for this day for so long. It proves that justice still exists”.

Mr. Bundit repeated that he had not done anything wrong and will fight until the end.

As for the Amnesty Bill, he believed it would be difficult to pass through the Parliament, as the politics is still divided into two conflicting camps.

He refused to comment about the suggestions from Democrat Party MPs that the amnesty should not be given to criminals and those who had been convicted by the court like him. However, he thought it is acceptable to give amnesty to Mr. Abhisit Vejjajiva, the Prime Minister at the time of his arrest, if the move ‘brings peace to the society.’

Source: http://www.khaosod.co.th/en/view_newsonline.php?newsid=TVRNM05qQTFOVEE1TXc9PQ==

-- KHAOSOD English 2013-08-10

[webfact]

Appeals Court overturns conviction of 'RPG cop'
The Nation

BANGKOK: -- The Court of Appeals yesterday overturned a lower court verdict convicting a former policeman for allegedly firing rocket-propelled grenades at the Defence Ministry during the red-shirt protests in Bangkok three years ago. The court cited unclear prosecution testimony as the reason for overturning the verdict.

During the ruling, Court of Appeals judges said that according to two prosecution witnesses, Bunthit Sitthithum, a member of the Democratic Alliance against Dictatorship, was said to be sitting in two different places in a pick-up truck that was used to launch the grenades near the Defence Ministry on the night of March 20, 2010. Two other prosecution witnesses also gave conflicting testimony, with one claiming that Bunthit was wearing a cap, while the other said he wasn't.

Though the defendant's latent fingerprints were found in the vehicle, other evidence did not show that he was in the vehicle on the night before the incident.

The Court of Appeals acquitted Bunthit of all charges involving the rocket-propelled grenade attacks, but ruled that he be detained and all weapons and explosives found in the vehicle be confiscated.

The Criminal Court initially sentenced Bunthit on December 13, 2011 to a 38-year prison sentence after finding him guilty of attempting to fire two RPG rounds at the Defence Ministry. The first round hit a telephone cable, wounding a bystander, before Bunthit allegedly fled on foot.

A large number of war weapons and explosives were also found in the vehicle, which sustained damage from the recoil of the RPG launcher.

Defendant backs bill

Speaking at the court upon learning of yesterday’s ruling, Bunthit said he believed that it would be difficult for the amnesty bill - now undergoing parliamentary scrutiny - to pass. He said the bill would be acceptable even if it pardoned opposition leader Abhisit Vejjajiva, as it would bring peace and reconciliation.

Meanwhile, in response to a judicial inquest ruling that five of the six people killed in Wat Pathum Wanaram were shot by soldiers, Army commander in chief General Prayuth Chan-ocha said the inquest had been undertaken without the Army being called in to give any evidence. "The Army has not yet been a defendant in the entire process," he added.

The deaths at Wat Pathum Wanaram occurred in the final phase of the government crackdown on the red-shirt protest in 2010.


-- The Nation 2013-08-10

[Tatsujin]

Ah, so this is another one of those wonderful peaceful protestors they keep talking about. I wonder where the RPG came from, same place as the bullets that killed those in the Wat perhaps, oh no, that can't be right, only the Army had RPG's and bullets at that time, we were told that already so it must be true.

[alfalfa19]

Seems like there was quite a bit of evidence against him.

[dcutman]

Seems like there was quite a bit of evidence against him.

Forget about forensic evidence, finger prints and DNA. Lets get the most important evidence verified. Was he or was he not wearing a hat?

[tomross46]

Seems like there was quite a bit of evidence against him.

The evidence against him, indicated he was guilty and that others were involved, but the every one is overlooking many fact.They were police, red shirt supporters, and they were supporters of the PTP .There for they are innocent. Had they been Army, supporters of the yellow shirt royalist movement, and supported the Democrat party. GUILTY.

This is not double standards.

[metisdead]

A post in violation of fair use policy has been removed. It is generally accepted, but not written into law, that quoting the first two or three sentences of an article and giving a link to the source is considered “fair use” and not a violation of copyright.

[smutcakes]

Seems like there was quite a bit of evidence against him.

The evidence against him, indicated he was guilty and that others were involved, but the every one is overlooking many fact.They were police, red shirt supporters, and they were supporters of the PTP .There for they are innocent. Had they been Army, supporters of the yellow shirt royalist movement, and supported the Democrat party. GUILTY.

This is not double standards.

Are you suggesting the court is corrupt?

[metisdead]

Are you suggesting the court is corrupt?

Keep this in mind when posting:

15) Not to use ThaiVisa.com to post any material which is knowingly or can be reasonably construed as false, inaccurate, invasive of a person's privacy, or otherwise in violation of any law. You also agree not to post negative comments criticizing the legal proceedings or judgments of any Thai court of law.

[ramrod711]

However, Mr. Kwanchai himself is also facing a different legal issue in Bangkok, where he was seen wearing riot police uniform near the protest sites without clear authorisation from the police force. Media reports suggest that he might be subject to criminal investigation.

Maybe it was one of the other peaceful red shirts, like this guy.

[geriatrickid]

Seems like there was quite a bit of evidence against him.

None of it was enough to prove guilt was it?

[geriatrickid]

Seems like there was quite a bit of evidence against him.

The evidence against him, indicated he was guilty and that others were involved, but the every one is overlooking many fact.They were police, red shirt supporters, and they were supporters of the PTP .There for they are innocent. Had they been Army, supporters of the yellow shirt royalist movement, and supported the Democrat party. GUILTY.

This is not double standards.

Are you suggesting the court is corrupt?

It suggests that the some people are so overcome with hatred, that they would prefer to see a man convicted in the absence of compelling evidence of a crime.

Edited August 10, 2013 by geriatrickid

[Docno]

Ah, so this is another one of those wonderful peaceful protestors they keep talking about. I wonder where the RPG came from, same place as the bullets that killed those in the Wat perhaps, oh no, that can't be right, only the Army had RPG's and bullets at that time, we were told that already so it must be true.

Hmmmm... you seem to be equating representatives of the State (soldiers) firing upon unarmed civilians seeking safety in a wat with a (possibly 'rogue') protester firing at a government building.

[unjustifiable violence was committed by both sides, but we generally hold the State to higher standards ... the 'force' of their response must be justifiable and not disproportionate to the force employed by those acting against the State, and it certainly should not be directed at unarmed civilians (as in the case of the wat).]

[bigbamboo]

Clever, very clever..... getting 'witnesses' to cloud the case by giving conflicting statements but as a policeman he and his advisors will be aware of all the tricks.

38 years did seem a bit harsh though.

[dcutman]

Seems like there was quite a bit of evidence against him.

None of it was enough to prove guilt was it?

There seemed to plenty of forensic, physical and eyewitness evidence in the first trial, not to mention the man allegedly confessed to the crime, to head of DSI Tharit.

Now it seems none of this physical, scientific, confession and eye witness evidence, is relevant, because there is a question if he was wearing a hat or not.

BTW this same man was implicated in 8 other bombings in the same period.

I copied and pasted these articles and links from a past TVF thread, but was deleted for fair use policy.

[smutcakes]

Seems like there was quite a bit of evidence against him.

None of it was enough to prove guilt was it?

There seemed to plenty of forensic, physical and eyewitness evidence in the first trial, not to mention the man allegedly confessed to the crime, to head of DSI Tharit.

Now it seems none of this physical, scientific, confession and eye witness evidence, is relevant, because there is a question if he was wearing a hat or not.

BTW this same man was implicated in 8 other bombings in the same period.

I copied and pasted these articles and links from a past TVF thread, but was deleted for fair use policy.

So basically you have decided to believe what was written two years ago, and discount what is being said now- any reason for this? or just because what the courts have now ruled does not fit with what you want.

[klauskunkel]

“I have been waiting for this day for so long. It proves that justice still exists”.

Yes, it's alive and kicking...,or rather twitching in reflex

[alfalfa19]

Seems like there was quite a bit of evidence against him.

None of it was enough to prove guilt was it?

From what I understand, it was enough 2 years ago.

[monkeycountry]

Why doesn't the court simply use the same method as it did against the soldiers at the wat? Find out if there were any men in black present? If not, then obviously it must have been this policeman firing the rpg!

[dcutman]

Seems like there was quite a bit of evidence against him.

None of it was enough to prove guilt was it?

There seemed to plenty of forensic, physical and eyewitness evidence in the first trial, not to mention the man allegedly confessed to the crime, to head of DSI Tharit.

Now it seems none of this physical, scientific, confession and eye witness evidence, is relevant, because there is a question if he was wearing a hat or not.

BTW this same man was implicated in 8 other bombings in the same period.

I copied and pasted these articles and links from a past TVF thread, but was deleted for fair use policy.

So basically you have decided to believe what was written two years ago, and discount what is being said now- any reason for this? or just because what the courts have now ruled does not fit with what you want.

What?

What I believe or want is of no matter.

What the courts ruled on 2 years ago was sound forensic, physical and video evidence along with eye witness accounts presented by the prosecution.

Why this man was acquitted was based on witness accounts of, was he or was he not wearing a hat or were was he sitting in a truck.

Regardless of this, there is scientific evidence (finger prints and DNA) that place him in that vehicle. Within that vehicle there was evidence that an explosive was launched from that vehicle. Not to mention, again, the man allegedly confessed to this crime. witch can be found in the link I supplied below.

http://www.thaivisa.com/forum/topic/518923-ex-policeman-gets-38-years-for-firing-rocket-at-thai-defence-ministry/

So you should untwist your panties and not take what I say, but read the trial evidence when he was convicted.

[Ulic]

Not sure I understand him, was he miss identified, he was not there or is he claiming he did nothing wrong as it was right to

fire the RPG in support of the Red Shirts. Just freedom of expression?

[OzMick]

Seems like there was quite a bit of evidence against him.

The evidence against him, indicated he was guilty and that others were involved, but the every one is overlooking many fact.They were police, red shirt supporters, and they were supporters of the PTP .There for they are innocent. Had they been Army, supporters of the yellow shirt royalist movement, and supported the Democrat party. GUILTY.

This is not double standards.

Are you suggesting the court is corrupt?

The court rules on the evidence presented, in this case by the DSI (who are undeniably corrupt puppets of the regime) which has managed to muddy the waters enough to make the evidence seem conflicting.

[OzMick]

www.nationmultimedia.com/.../Ex-policeman-held-in-RPG-case-301283...‎

May 1, 2010 - The suspect Bundit Sitthichum confessed he had actually tried to fire the ... The lone RPG round hit power wires and deflected off them before ...

[ratcatcher]

a bit off topic but......

"The RPG missile missed its target and hit into telephone cable equipment operated by TOT Communication Company instead, causing 39,421 baht in damage according to the police."

I love it when they can report damages in this case to the nearest baht, yet when reporting other damages, prices, costs,losses etc, it's usually rounded out to the nearest million or billion.

B40,000 would have seemed better but then B39,421 is a lot less.

[Robby nz]

If he was not guilty then who was it that owned the ute with the weapons and by associations owned the weapons?

Again, if he is not guilty then who is?

Even if it were not him that launched the attacks then he apparently was with the ute so surely being in possession of an RPG and other weapons must be against some law.

Are charges for having these illegal weapons going to be investigated or is it all over now and should be forgotten?

[fstarbkk]

Ah, so this is another one of those wonderful peaceful protestors they keep talking about. I wonder where the RPG came from, same place as the bullets that killed those in the Wat perhaps, oh no, that can't be right, only the Army had RPG's and bullets at that time, we were told that already so it must be true.

Hmmmm... you seem to be equating representatives of the State (soldiers) firing upon unarmed civilians seeking safety in a wat with a (possibly 'rogue') protester firing at a government building.

[unjustifiable violence was committed by both sides, but we generally hold the State to higher standards ... the 'force' of their response must be justifiable and not disproportionate to the force employed by those acting against the State, and it certainly should not be directed at unarmed civilians (as in the case of the wat).]

It appears that we hold the State to a higher standard ONLY when said state is represented by the democrat party.

[H1w4yR1da]

Court Acquits Policeman Accused Of Launching RPG Attacks[

Can I nominate this for the ThaiVisa 'Only In Thailand Headline Of The Year' Award?

[seminomadic]

Strangely enough, this should be enough to convince everybody on the int'l stage that Thaksin is NOT a convicted criminal in any serious sense of the word. I don't like Thaksin and I want the red shirts all to go suck a **** but stories like this just demonstrate that THAI COURTS ARE A COMPLETE F******* JOKE.

Whichever way the wind is blowing, whichever group is in power, will mete out NOTHING MORE THAN VICTOR'S JUSTICE.

THE APPEARANCE (can't even say 'rule') OF LAW IS A JOKE IN THIS COUNTRY. POLITICIANS ARE CHILDREN WHO CARE NOTHING FOR THE FUTURE OF THIS COUNTRY OR ITS CHILDREN.

[belg]

driver or passenger

he was part of it

but he is thai and apperently some friends in the right places

how do people get hold on rpg's in the first place?

[Tatsujin]

Ah, so this is another one of those wonderful peaceful protestors they keep talking about. I wonder where the RPG came from, same place as the bullets that killed those in the Wat perhaps, oh no, that can't be right, only the Army had RPG's and bullets at that time, we were told that already so it must be true.

Hmmmm... you seem to be equating representatives of the State (soldiers) firing upon unarmed civilians seeking safety in a wat with a (possibly 'rogue') protester firing at a government building.

[unjustifiable violence was committed by both sides, but we generally hold the State to higher standards ... the 'force' of their response must be justifiable and not disproportionate to the force employed by those acting against the State, and it certainly should not be directed at unarmed civilians (as in the case of the wat).]

No, I was making the point that there were a large number of "men in black" around throughout the protests, armed with stolen military equipment including rifles, grenades, RPG's and ammunition. I clearly remember this was all shown live on TV at the time but is now suspiciously hard to find anywhere or even be acknowledged that they existed. Their purpose was to provoke and inflame the conflict and confuse the situation. Or perhaps I was hallucinating?