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Al-Ruwaili verdict: removed Thai judge insists innocence


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Al-Ruwaili Verdict: Removed Judge Insists Innocence
By Khaosod English

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Saudi officials and relatives of Mr. Mohammad Al-Ruwaili in the press conference on 31 March 2014

BANGKOK: -- The former judge who had been removed from controversial case of missing Saudi businessman has denounced the court's allegation that he had inappropriately performed his duty.

Mr. Somsak Ponsong was abruptly suspended from his duty in January as he was penning the ruling on the abduction and murder case of Mohammad Al-Ruwaili, who went missing in Bangkok 24 years ago.

Another judge replaced Mr. Somsak and delivered the verdict on 31 March, proclaiming 5 police officers not guilty of kidnapping, torturing, and murdering Mr. Al-Ruwaili as charged by the prosecutors. Saudi officials and Mr. Al-Ruwaili's relatives have expressed their outrage at the sudden judge change which, they said, led them to believe they had not received a fair verdict by the Thai court.

Court official explained that Mr. Somsak was removed after he was found guilty of committing a breach in ethics during his service as a judge in Saraburi province, that his removal was completely unrelated to the Al-Ruwaili case.

But Mr. Somsak insisted his innocence, telling reporters today that he is greatly surprised by the court committee's decision to suspend his duty. According to Mr. Somsak, the investigation was launched 5 years ago and meant to determine whether he had inappropriately approved bail release to defendants.

However, Mr. Somsak said, the suspects in 17 out of 20 bail releases he had approved did not attempt to flee; one did flee but was later brought back to the court by the authorities; while another case was ended when the defendant was shot dead during his bail release.

He insisted that he had not exercised poor judgment in the approval of these bail releases. "Some defendants were bailed in the cases of possessing more than 100 amphetamines, but I have studied the Supreme Court cases, and I discovered that a defendant with as much as 36,000 amphetamines was also granted bail," Mr. Somsak said.

The judge added that the neither the prosecutors, nor the defendants, nor the bail officials ever filed complaint about his bail decision.

"Please note that all the things I've been accused of happened 5 years ago," Mr. Somsak told reporters, "There is no evidence of my ethical breach, but a committee has just been set up recently. It makes me wonder whether it was meant to coincide with the period of verdict writing [in Al-Ruwaili case]"

He vowed to fight the allegation put forth by the Criminal Court committee, stating that he would present the evidence proving his innocence on 2 April.

"I have to admit, I feel really sad to have my duty suspended, even though I have performed my duty in the best way I can," Mr. Somsak said.

Mr. Thongchai Senamontri, Director of the Criminal Court, has previously admitted that the defendants in Al-Ruwaili case have filed their request to have Mr. Somsak removed from the case, claiming that they had received unfair treatment from Mr. Somsak, though the request was eventually rejected.

The alleged unfair treatment was Mr. Somsak's insistence that a former police officer who is currently residing in United Arab Emirates could testify against the defendants.

Meanwhile, Mr. Nantasak Poonsuk, Director of the Department of Special Litigation, said had been informed by family of Mr. Al-Ruwaili that they intended to appeal the court verdict.

He said it is too early to indicate which points in the verdict the prosecutors would contest in the Appeals Court.

Minister of Foreign Affairs Surapong Tovichakchaikul said he would like to expressed his sadness that the ruling did not correspond to Al-Ruwaili family's wishes, and he regretted that any chance to amend the frozen relationship between Saudi Arabia and Thailand had been missed.

"I hope the diplomatic relationship between the two nations won't be downgraded any further," Mr. Surapong said.

He added, "I understand our legal system, but we cannot prevent them from having their own opinion or hope in the court verdict. Mr. Al-Ruwaili's family has been following this case for 24 years, so they are feeling uncomfortable, but w will have to explain to the international community so they understand our legal procedure, in order to avoid any misunderstanding".

"If they don't believe us, it's their rights," the Minister concluded.

Source: http://en.khaosod.co.th/detail.php?newsid=1396442431&typecate=06&section=

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-- Khaosod English 2014-04-03

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Seems like justice, if the judge is going to find you guilty then simply remove him and put you mate in who will find you innocent.

Something smells here, Chooka.

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Funny how they cannot work out who did this, and many Thailand workers were sent home. Yet 250 boats get banned from a fishing ground for killing Indonesia military officers and the guilty parties are rounded up toot sweet.

Sent from my SM-P600 using Thaivisa Connect Thailand mobile app

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Seems like justice, if the judge is going to find you guilty then simply remove him and put you mate in who will find you innocent.

It was clearly because he was going to allow a witness to testify that would have incriminated those on trial so he was removed - this will not end here, this case should have been handed to the supreme court the insure there was no local interference or intimidation

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They are some people understanding quite well the THai justice system by own involment saying.

I know the thai main investigator in this case - travelling many times to the Saudis.

Many many years ago he had to choose if becoming police general. He is a very onest and capable man and said no and went in pre-pension. They gave him a present of some millions. In the West we have aswell a system: side step with higher salary.

It is a fact that somebody has the diamonds. It is up to your fantasy to speculate. One idea was already named.

I went by force aswell in "pension" ( oops I was first writing "prison". Freud) and promised to never never use my knowledge against the Thai government.

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Funny how they cannot work out who did this, and many Thailand workers were sent home. Yet 250 boats get banned from a fishing ground for killing Indonesia military officers and the guilty parties are rounded up toot sweet.

Sent from my SM-P600 using Thaivisa Connect Thailand mobile app

This one was worked out from the start, but the real guilty ones are too high up and thus justice cannot be done. As soon as an untouchable clash with the law, the law is changed, judges changed or threatened or the accussed is allowed to escape. The red bull case comes to mind, the little prick escaped but nobody canceled his passport to make him travelling outside the country a problem, thats how the traditional elites work. Only the poor go to jail.

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Seems like justice, if the judge is going to find you guilty then simply remove him and put you mate in who will find you innocent.

That's Thainess!

And to Kriswillens who says he can't believe the case can't solved you are closer to the truth than you realise.

And that truth is that so far down the line this case can NOT be solved.

Edited by bigbamboo
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Yes I guess the International community will understand - that the entire system is corrupt from police to the courts - as long as someone influential is involved.

"If they don't believe us, it's their rights," - more like he doesn't care whether the International Community likes it or not - we have your crown jewels, we know who has got them and like the thieves we are don't think we are giving them back to a bunch of foreigners. This is exactly the sort of thing that the International community should shove straight back in their faces and tell them if they can't manage a fair and accessible justice system then they will stop encouraging businesses to invest here and encourage them to go to places where justice can be had in times of trouble. I really is not good enough and you would think the government would be a little more concerned with image.

Oh whooops - of course I forgot about the rice scam and all the other high profiles who have skipped the country after murdering people or skimming billions off the public. Image can't matter any more I suppose.

If people like this cannot get justice, what hope for anyone?

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Funny how they cannot work out who did this

Just as the state of California never has been able to work out who killed Nicole Brown Simpson. And just like England has never figured out who REALLY killed Richard Deakin. And just as England has never launched another manhunt for poor Deakin's real killer(s), and just as California has never launched another investigation to find who REALLY killed Nicole, Thailand will not launch a manhunt to find out who REALLY abducted al-Rawaili.

As I said to my editor just a month or so ago, "Yes, of course I am. But am I cynical *enough*?",

.

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