2010 unrest: Mother of slain nurse to sue DSI chief Tharit

[webfact]

2010 Unrest: Mother Of Slain Nurse To Sue DSI Chief
By Khaosod English


A still from a n amateur footage shows soldiers on BTS track in front of Wat Pathumwanararm Temple on 19 May 2010.

BANGKOK: -- Chief of Division of Special Investigation may find himself facing the murder lawsuit filed by the mother of a volunteer medic killed by the security force in the 2010 Redshirts protests.

The DSI is currently leading the legal action against former Prime Minister Abhisit Vejjajiva and former Deputy Prime Minister Suthep Thaugsuban for their authorisation of the military crackdown in 2010, which left more than 90 people, most of them civilians. The two former leaders have been indicted with murder charges related to those deaths.

But Ms. Payao Akhard, who lost her daughter on the last day of the unrest said today that it is unacceptable that Mr Tharit Pengdit, the DSI chief, is pursuing those charges against Mr. Abhisit and Mr. Suthep while exempting himself from the legal action, since Mr. Tharit was also a member of the Centre for Resolution of Emergency Situation (CRES) which oversaw the crackdown.

"I don't want him to use my daughter's case as a political tool," Ms. Payao told reporters.

Her daughter, Ms. Kamonkate Akhard, was a volunteer medic who was shot dead alongside five other victims as they sought shelter inside Wat Pathumwanararm Temple on 19 May 2010. Last year, a court inquest indicated that the six victims were killed by soldiers who were stationed around the temple.

Those soldiers, along with their commanders and other related officials, should also stand trial for the temple deaths, Ms. Payao insisted.

"I have not seen any legal prosecution against these people who were involved in the deaths of my daughter and other people inside Wat Pathum at all," Ms. Payao said, adding that she will appoint her own lawyer and file separate murder charges against the officials next week, starting with Mr. Tharit.

Mr. Tharit has previously sent the files detailing the injuries and deaths at Wat Pathum Temple caused by the crackdown to the public prosecutor as further evidence in the murder charges against Mr. Abhisit and Mr. Suthep.

Among the injured victims was Mr. Andrew Buncombe, a British journalist who was taking shelter inside the temple when the sanctuary came under hail of gunfire from the security forces.

Source: http://en.khaosod.co.th/detail.php?newsid=1395925507&section=11


-- Khaosod English 2014-03-28

[tezzainoz]

wow so now we learn that Tharit may just have handed over the evidence to convict himself

He who play with rats in a hole, has a good chance of being bitten

How karma can turn around and bite you on the bum

[RogueExpat]

About time Thaksin's attack dog found out that he is not above the law, but subject to it like everyone he is trying to prosecute on his bosses say so.

[Robby nz]

The DSI is currently leading the legal action against former Prime Minister Abhisit Vejjajiva and former Deputy Prime Minister Suthep Thaugsuban for their authorisation of the military crackdown in 2010, which left more than 90 people,

This lie is one of the big problems.

How many of these were killed by the reds gunfire and grenades.

Never any mention of that.

"I don't want him to use my daughter's case as a political tool," Ms. Payao told reporters.

The lady is correct, the whole thing is being used as a political tool, worse still, a witch hunt for political gain.

Lets see how Tarit worms his way out, or perhaps the lady will 'persuaded' to change her mind.

[chooka]

You charge me and I will sue you, you sue me and I will have my neighbour sue to. You have to love Thailand and no wonder it will never move forward.

[Roadman]

Well done Khun Payao Akhard.

Totally agree with her sentiment and her process. Agree Tarit should be in the gun along with Suthep and Khun Abhisit. And also the soldiers and their command that acted or allowed these acts of what seem to be murder to be undertaken. Shinawtra and Pheu Thai democracy at its best that Tarit can be leading selective prosecutions on something he was a leader off.

[BLUENILE]

I’m wondering at all, how Mr. Tharith can investigate members of the Centre for Resolution of Emergency Situation (CRES), where he was also a member.

What kind of unbiased investigation you can expect?

[Mango Bob]

This women is filing law suits against everyone except the soldiers and their commander who did the shooting. At least go after the commander of the unit that was on the skytrain bridge that day.

[Bkungbank]

In any civilize countries a prosecutor cannot handle the case if any conflict of interest happen to himself or family members involved the certain case, he had to get a free and fair investigation from other parties.

Since Tharit himself one of the CAPO during 2010, He cannot prosecute and have to resign wait for fully investigation from board or senate that to clear himself first before proceed for his job.

NACC still investigating about his vacation house so I think he should removed to a inactive post as any file open with NACC should not hold any post until the investigation is completed.

[smedly]

Well done Khun Payao Akhard.

Totally agree with her sentiment and her process. Agree Tarit should be in the gun along with Suthep and Khun Abhisit. And also the soldiers and their command that acted or allowed these acts of what seem to be murder to be undertaken. Shinawtra and Pheu Thai democracy at its best that Tarit can be leading selective prosecutions on something he was a leader off.

I don't believe any of them should be up on charges but I admire this lady Payao Akhard for actually setting a principle and basically saying to Tharit - if you feel that Absinth and Suthep bare some responsibility for the deaths then so should you.

To be honest there are two things that need to be considered regarding this case, it is a well known fact that a gunfight was taking place between the reds and the army at this location, it is also a known fact that some of the red gunmen took refuge in the temple, so that raises two questions

Did the army break any rules while coming under fire - if so

Should only the soldiers involved be held responsible for their actions

The red leaders who organised the armed gunmen and the violence should also be held responsible

[Loles]

Every-one is very very smart here.

You just imagine if your kid would killed by idiots.

Easy to judge this woman from your comfortable chairs. Bravo.

[geriatrickid]

In any civilize countries a prosecutor cannot handle the case if any conflict of interest happen to himself or family members involved the certain case, he had to get a free and fair investigation from other parties.

Since Tharit himself one of the CAPO during 2010, He cannot prosecute and have to resign wait for fully investigation from board or senate that to clear himself first before proceed for his job.

NACC still investigating about his vacation house so I think he should removed to a inactive post as any file open with NACC should not hold any post until the investigation is completed.

There is a flaw in your argument. Tharit was not implicated in the shooting. The implicated parties were uniformed soldiers. As you well know, there is no civilian authority over the army. In Thailand, the military does not consider itself answerable to a civilian government agencies. The CAPO and its personnel had no authority to direct the army and the army did not take orders or instruction from the CAPO.

I do agree that there is a semblance of a conflict of interest and Tharit should have made sure he was well clear of the case against Suthep and Abhisit. Tharit is neither prosecuting nor "leading" the investigation. He has taken it upon himself to be the public face, and that is where IMO he has made a mistake. It was a foolish decision and he will pay for it.

BTW, in the civilized world, the police and judiciary do indeed investigate themselves for serious wrong doing. Throughout the western world, a complaint against a judge is investigated by his/her judicial peers. In many jurisdictions the police force accused of wrongdoing investigates itself. There are structural injustices, even in the civilized world.

[JesseFrank]

it is unacceptable that Mr Tharit Pengdit, the DSI chief, is pursuing those charges against Mr. Abhisit and Mr. Suthep while exempting himself from the legal action, since Mr. Tharit was also a member of the Centre for Resolution of Emergency Situation (CRES) which oversaw the crackdown.

"I don't want him to use my daughter's case as a political tool," Ms. Payao told reporters.

Finally the blinded recover their eyesight.

[JesseFrank]

In any civilize countries a prosecutor cannot handle the case if any conflict of interest happen to himself or family members involved the certain case, he had to get a free and fair investigation from other parties.

Since Tharit himself one of the CAPO during 2010, He cannot prosecute and have to resign wait for fully investigation from board or senate that to clear himself first before proceed for his job.

NACC still investigating about his vacation house so I think he should removed to a inactive post as any file open with NACC should not hold any post until the investigation is completed.

There is a flaw in your argument. Tharit was not implicated in the shooting. The implicated parties were uniformed soldiers. As you well know, there is no civilian authority over the army.

So what makes Abhisit and Suthep implicated in the shooting ?

[seajae]

this shows just how stupid all of this is, tarit was involved with the decision to allow live rounds to be used in defence situations yet he has been trying to lay it on everyone elses feet because he was paid to do so. Now we will see what happens as he has to take exactly the same stand as suthip and mark. This means that tarit is a murderer in 2010 and in 2014 so he is actually a double murderer but seeing he works for the ptp they will not worry as they were elected by the reds and we all know that they are democratic

[SICHONSTEVE]

In any civilize countries a prosecutor cannot handle the case if any conflict of interest happen to himself or family members involved the certain case, he had to get a free and fair investigation from other parties.

Since Tharit himself one of the CAPO during 2010, He cannot prosecute and have to resign wait for fully investigation from board or senate that to clear himself first before proceed for his job.

NACC still investigating about his vacation house so I think he should removed to a inactive post as any file open with NACC should not hold any post until the investigation is completed.

There is a flaw in your argument. Tharit was not implicated in the shooting. The implicated parties were uniformed soldiers. As you well know, there is no civilian authority over the army. In Thailand, the military does not consider itself answerable to a civilian government agencies. The CAPO and its personnel had no authority to direct the army and the army did not take orders or instruction from the CAPO.

I do agree that there is a semblance of a conflict of interest and Tharit should have made sure he was well clear of the case against Suthep and Abhisit. Tharit is neither prosecuting nor "leading" the investigation. He has taken it upon himself to be the public face, and that is where IMO he has made a mistake. It was a foolish decision and he will pay for it.

BTW, in the civilized world, the police and judiciary do indeed investigate themselves for serious wrong doing. Throughout the western world, a complaint against a judge is investigated by his/her judicial peers. In many jurisdictions the police force accused of wrongdoing investigates itself. There are structural injustices, even in the civilized world.

At the time of the shootings Tharit was in CRES (the same as Abhisit and Suthep) not CAPO!!

[whybother]

In any civilize countries a prosecutor cannot handle the case if any conflict of interest happen to himself or family members involved the certain case, he had to get a free and fair investigation from other parties.

Since Tharit himself one of the CAPO during 2010, He cannot prosecute and have to resign wait for fully investigation from board or senate that to clear himself first before proceed for his job.

NACC still investigating about his vacation house so I think he should removed to a inactive post as any file open with NACC should not hold any post until the investigation is completed.

There is a flaw in your argument. Tharit was not implicated in the shooting. The implicated parties were uniformed soldiers. As you well know, there is no civilian authority over the army. In Thailand, the military does not consider itself answerable to a civilian government agencies. The CAPO and its personnel had no authority to direct the army and the army did not take orders or instruction from the CAPO.

I do agree that there is a semblance of a conflict of interest and Tharit should have made sure he was well clear of the case against Suthep and Abhisit. Tharit is neither prosecuting nor "leading" the investigation. He has taken it upon himself to be the public face, and that is where IMO he has made a mistake. It was a foolish decision and he will pay for it.

BTW, in the civilized world, the police and judiciary do indeed investigate themselves for serious wrong doing. Throughout the western world, a complaint against a judge is investigated by his/her judicial peers. In many jurisdictions the police force accused of wrongdoing investigates itself. There are structural injustices, even in the civilized world.

If there is no civilian authority over the army, then I am not sure why Tarit decided to charge Abhisit and Suthep as civilians.

What you're suggesting is that even if charged in their government capacity, Abhisit and Suthep wouldn't have a case to answer.

[SICHONSTEVE]

In any civilize countries a prosecutor cannot handle the case if any conflict of interest happen to himself or family members involved the certain case, he had to get a free and fair investigation from other parties.

Since Tharit himself one of the CAPO during 2010, He cannot prosecute and have to resign wait for fully investigation from board or senate that to clear himself first before proceed for his job.

NACC still investigating about his vacation house so I think he should removed to a inactive post as any file open with NACC should not hold any post until the investigation is completed.

There is a flaw in your argument. Tharit was not implicated in the shooting. The implicated parties were uniformed soldiers. As you well know, there is no civilian authority over the army. In Thailand, the military does not consider itself answerable to a civilian government agencies. The CAPO and its personnel had no authority to direct the army and the army did not take orders or instruction from the CAPO.

I do agree that there is a semblance of a conflict of interest and Tharit should have made sure he was well clear of the case against Suthep and Abhisit. Tharit is neither prosecuting nor "leading" the investigation. He has taken it upon himself to be the public face, and that is where IMO he has made a mistake. It was a foolish decision and he will pay for it.

BTW, in the civilized world, the police and judiciary do indeed investigate themselves for serious wrong doing. Throughout the western world, a complaint against a judge is investigated by his/her judicial peers. In many jurisdictions the police force accused of wrongdoing investigates itself. There are structural injustices, even in the civilized world.

If there is no civilian authority over the army, then I am not sure why Tarit decided to charge Abhisit and Suthep as civilians.

What you're suggesting is that even if charged in their government capacity, Abhisit and Suthep wouldn't have a case to answer.

They haven't.

[outsider]

Now see how it feels when the boot is on the other foot... 555

[siampolee]

Ah Mr Tharit.

Perhaps you would've been wise to have recalled that delightful passage from the Sir Walter Scott work ''Marmion,''

"Oh, what a tangled web we weave when first we practice to deceive."

Indeed it would seem as if the biter is about to be bitten.

Edited March 28, 2014 by siampolee

[rubl]

""I don't want him to use my daughter's case as a political tool," Ms. Payao told reporters."

If I remember correctly Ms. Payao made an issue of needing to sign some document before getting a government compensation. She only sign when she got the insurance that the document only meant she couldn't sue the Yingluck government.

Somehow it would seem that already meant she was being used as a political tool herself.

[fab4]

Ah Mr Tharit.

Perhaps you would've been wise to have recalled that delightful passage from the Sir Walter Scott work ''Marmion,''

"Oh, what a tangled web we weave when first we practice to deceive."

Indeed it would seem as if the biter is about to be bitten.

You've learnt how to copy and paste. Would it be too much to ask that you learn how to resize images as well?

[hyperdimension]

It took a bit of time (years?) for her to realize what was really going on. It's better late than never. I wouldn't be suprised if she has cut off all relationships with UDD and Pheu Thai and their lawyers (as she said "she will appoint her own lawyer"), and if so, I hope other people who are still UDD or Pheu Thai supporters similarly cease such support.

Edited March 28, 2014 by hyperdimension

[siampolee]

fab4 post # 22.

You've learnt how to copy and paste. Would it be too much to ask that you learn how to resize images as well?

You are a self proclaimed expert in all matters, so please let me have the benefit of your sage advice.

[Baerboxer]

In any civilize countries a prosecutor cannot handle the case if any conflict of interest happen to himself or family members involved the certain case, he had to get a free and fair investigation from other parties.

Since Tharit himself one of the CAPO during 2010, He cannot prosecute and have to resign wait for fully investigation from board or senate that to clear himself first before proceed for his job.

NACC still investigating about his vacation house so I think he should removed to a inactive post as any file open with NACC should not hold any post until the investigation is completed.

There is a flaw in your argument. Tharit was not implicated in the shooting. The implicated parties were uniformed soldiers. As you well know, there is no civilian authority over the army. In Thailand, the military does not consider itself answerable to a civilian government agencies. The CAPO and its personnel had no authority to direct the army and the army did not take orders or instruction from the CAPO.

I do agree that there is a semblance of a conflict of interest and Tharit should have made sure he was well clear of the case against Suthep and Abhisit. Tharit is neither prosecuting nor "leading" the investigation. He has taken it upon himself to be the public face, and that is where IMO he has made a mistake. It was a foolish decision and he will pay for it.

BTW, in the civilized world, the police and judiciary do indeed investigate themselves for serious wrong doing. Throughout the western world, a complaint against a judge is investigated by his/her judicial peers. In many jurisdictions the police force accused of wrongdoing investigates itself. There are structural injustices, even in the civilized world.

Taking the UK as an example, although debatable, of what you call the civilized world.

Ever heard of the Independent Police Complaints Commission? They have conducted some very interesting investigations on the police and also on police investigating police. Some now face serious charges or have been already imprisoned.

The convention was that as England, Wales and until recently Scotland, have regional based police forces under a chief constable appointed and responsible to local government, then it was reasonable to ask one force to carry out an investigation on another. The IPCC have shown the folly of this, and just how important it is to have an independent agency as part of your checks and balances. Tharit has demonstrated an interesting interpretation of the law on occasion, e.g. perjury, and is highly selective on who he investigates e,g, name one senior Thaksin connected person or scheme he's investigated and recommended prosecution on, He seems to think he's the J Edgar Hoover of Thailand - and may be about to find out he's wrong.

Edited March 28, 2014 by Baerboxer

[Baerboxer]

fab4 post # 22.

You've learnt how to copy and paste. Would it be too much to ask that you learn how to resize images as well?

You are a self proclaimed expert in all matters, so please let me have the benefit of your sage advice.

Don't worry Siampolee - he doesn't like your post's content. How dare you make fun of one of his master's loyal servants.

[than]

Bad time for Tharit !

[Bangmod]

This is of course food for the lawyers, by making the DSI an accomplish who had all inside information and handed it all over, the court should and could trow this whole case in the bin.

[bigbamboo]

If Tarit is to be investigated he should be suspended from the DSI on full pay until it is determined whether he will have to answer a charge on not.

I hope this brave lady is being well protected from any unforeseen accidents.

Edited March 28, 2014 by bigbamboo

[kimamey]

Every-one is very very smart here.

You just imagine if your kid would killed by idiots.

Easy to judge this woman from your comfortable chairs. Bravo.

I'm not sure you're so smart. I don't think anyone has criticised her apart from Mango Bob who may not have read the OP properly.