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Thai court dismisses murder charges against former PM Abhisit


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Who did order the killing then? Someone needs to be held responsible for the bloodbath. If it is not Suthep and Abhisit then maybe some military people need to go on trial.

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Maybe no one "ordered the killing". The facts are that protesters were using war weapons against soldiers. Soldiers don't need orders to protect themselves.

Protect themselves from unarmed nurses?

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Are you suggesting that someone specifically ordered the nurse to be shot?

Who knows? The important point is the politicians responsible have been let off the hook - as of course was part of the plan.Needless to say since this is Thailand there is no question of the senior army commanders being brought to account.

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It should be noted that the NACC paved the way in 2009 by voting 6-3 that then prime minister Somchai Wongsawad and former deputy PM Chavalit Yongchaiyudh violated the Criminal Code’s Article 157 on dereliction of duty by ordering the dispersal of the yellow-shirt protesters. They then forwarded a report to the OAG to file an indictment with the SCCDHPP.

Wonder if they'll have the courage of their "convictions" in this case........................coffee1.gif

Actually it wasn't about "ordering the dispersal" my dear fabs. Since you provide so many details it seems strange you replaced the quoted reason with your own interpretation.

"Wicha Mahakun, a commissioner of National Anti-Corruption Committee (NCCC), said ... Somchai and Chavalit would be charged with nonfeasance in violation of Article 157 of the Criminal Code."

http://antithaksin.wordpress.com/2009/09/08/oct-7-crackdown-somchai-chavalit-and-patcharawat-to-face-criminal-charges/

I must admit I had to look it up, but wiki has

"Nonfeasance is the failure to act where action is required - willfully or in neglect"

http://en.wikipedia.org/wiki/Misfeasance

Somehow all your remarks till now suggest you do not doubt that Abhisit / Suthep acted, even willfully so rolleyes.gif

Actually it was, my dear rubl bah.gif

In your haste to find something/anything to argue about in my posts you appear to have missed the quote, exactly as I posted:

"The panel ruled six to three that then prime minister Somchai Wongsawad and former deputy PM Chavalit Yongchaiyudh violated the Criminal Code’s Article 157 on dereliction of duty by ordering the dispersal of the yellow-shirt protesters."

Unfortunately this meant you had to read more than the first 3 paragraphs of the several article sources on that page. My quote was taken from the article by TAN under the title, Former PM, Police Chief Face Charges over Oct 7 Crackdown.

What is peculiar, that having gone to the trouble of looking up the meaning of nonfeascance, you fail to recognise, or wilfully ignore, the similarity in meaning between "dereliction of duty" and "failure to act where action is required", whether it was wilful or not.

And you're right, Of course I don't doubt that abhisit and suthep acted, 96 deaths attest to that. Where they demonstrated nonfeascance in their duties was their duty of care i.e to order a proportionate response to the perceived threat. The revised ROE's which were authorised on April 18th led to a sharp increase in the number of deaths. They did nothing about it up to the point of refusing a request by Senators for a cease fire and Senate mediated negotiations on the 18th May which resulted in further deaths (including the 6 civilians in the Wat) which could easily have been avoided. That is where their nonfeascance lies.

Edited by fab4
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Who knows? The important point is the politicians responsible have been let off the hook - as of course was part of the plan.Needless to say since this is Thailand there is no question of the senior army commanders being brought to account.

They haven't been let off the hook. They can still be charged under their official positions as PM / DPM.

It's just the charges against them in a personal capacity that have been dismissed. Seriously, how could they be charged under a personal capacity anyway. There was no way those charges were going to stick from the very start.

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Who knows? The important point is the politicians responsible have been let off the hook - as of course was part of the plan.Needless to say since this is Thailand there is no question of the senior army commanders being brought to account.

They haven't been let off the hook. They can still be charged under their official positions as PM / DPM.

It's just the charges against them in a personal capacity that have been dismissed. Seriously, how could they be charged under a personal capacity anyway. There was no way those charges were going to stick from the very start.

I think we can assume they will never face justice in any capacity.

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Not a proportionate response to army personnel being blown up by grenades? How should one deal with protesters armed with military weapons?

Appropriately. That does not include authorising the use of snipers or the establishment of "live fire zones" in my opinion. I also have problems with authorising troops to use lethal force under the umbrella of

"the broadening of circumstances in which officials could use force to protect “other people, official property, and private citizens under their guard”

or

"even unarmed civilians could be shot with “shotguns and rifles” in cases where a large group of demonstrators advanced towards the officials, disregarding a no trespassing order, to the point of creating a dangerous situation"

or

"Officials were also authorized to use live bullets against “suspects” who resisted arrest or refused to submit to a search"

Your argument may have some merit if those killed by the military forces were armed and presenting a deadly threat - just how many of those shot and killed on the 10th April were armed and presenting a deadly threat? Or the 6 in Wat Pathum. Or the taxi driver or the 16 year old boy, whose deaths are the subject of the case against abhisit and suthep?

Maybe in your world you regard that as a proportionate response. I don't.

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Who knows? The important point is the politicians responsible have been let off the hook - as of course was part of the plan.Needless to say since this is Thailand there is no question of the senior army commanders being brought to account.

They haven't been let off the hook. They can still be charged under their official positions as PM / DPM.

It's just the charges against them in a personal capacity that have been dismissed. Seriously, how could they be charged under a personal capacity anyway. There was no way those charges were going to stick from the very start.

I think we can assume they will never face justice in any capacity.

Possibly, but maybe that's because everything they did was lawful. Just because people were killed doesn't mean that there were orders to kill people, and it doesn't make the people murderers because they gave orders to control armed protesters.

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People seem to have conveniently forgotten the military was using live ammo on protesters very early on when we were being lied to by Abhisit and co. saying there was no live ammo being used and they were firing blanks.

At this time there were no 'men-in-black' nor red shirts armed with firearms.

You could clearly see M16's being fired by soldiers without suppressors attached. The fact that it is impossible to fire blank rounds without one seemed not to be of concern to those feeding mushrooms at the time.

Someone should be responsible for those orders and actions, should it be Abhisit? He was leader of the country at the time.

His lineage seems to be full of little dark secrets, his father being in Suchinda's cabinet for example.

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The Bangkok Post known for their anti Yingluck stance aptly allowed a politically correct satire cartoon showing Ahbisit and Suterp backs against the Lady of Justice and pouring cold water on her. How appropriate to describe the disdain for justice and double standard pitifully displayed.

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The Thai elite have been killing their own people for years and getting away with it, why on Earth did folks think it was going to be any different this time around?

There has to be some sort of accountability from politicians and military for the deaths, regardless of the circumstances at the time. In any civilised society this is a bare minimum. In ruling they have no jurisdiction they are preventing the truth from being known.

No doubt they will attempt to yet again foist this objectionable upper class twit who's father supported the odious dictator Suchinda upon the poor Thai populace. It runs in the Vejjajiva family.

Dark days ahead indeed as we have seen the rural Thais still haven't forgotten Democrat bitter medicine policies from the late 90's, and the cycle looks to continually repeat itself in the future, as they will never accept a government they haven't chosen, hence the attempts to cheat the system by the junta.

Can you please explain why the Democrats ran that policy? AFAIR it was because Thailand was close to bakruptcy and was bailed out by the World Bank and the IMF and the loans had to be repaid.

The government that was responsible for those debts was the one under Chavalt Yongchaiyudh and Banharn Silpa Archa. Oddly enough Thaksin Shinawatra was a minister in those governments too.

Banharn and Chavalit have been ministers in Thaksins governments as well. Isn't it nice to have firnds that you can rely on?

Of course if you don't believe me you can also Google it.

Edited for spelling.

Edited by billd766
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Who knows? The important point is the politicians responsible have been let off the hook - as of course was part of the plan.Needless to say since this is Thailand there is no question of the senior army commanders being brought to account.

They haven't been let off the hook. They can still be charged under their official positions as PM / DPM.

It's just the charges against them in a personal capacity that have been dismissed. Seriously, how could they be charged under a personal capacity anyway. There was no way those charges were going to stick from the very start.

I think we can assume they will never face justice in any capacity.

Possibly, but maybe that's because everything they did was lawful. Just because people were killed doesn't mean that there were orders to kill people, and it doesn't make the people murderers because they gave orders to control armed protesters.

If the case eventually goes to the Supreme Court Political Holders blah blah blah and it is found that their orders were not proportionate to the threat faced the amnesty provided by the Emergency Decree is nullified and therefore everything they did was not lawful. What can't you understand about that?

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Just one of Abhisit's legal woes gone. He will still have to answer for his Maldivian family holiday after Yingluck replaced him as PM that such a brouhaha was made of at the time, and of course the potentially dodgy paperwork from his scouting days. Those were the 2 most serious allegations made against the former PM were they not? Did I not read on this very forum that politicians are "all the same"?

Why should he NOT have been on holiday. He was not in the government, nor a Minister or PM with responsibilities?

As for the paperwork the Army had already cleared him of that.

Another smear campaign by Red Shirt posters in the offing ONCE again?

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fab4 post # 191.

If the case eventually goes to the Supreme Court Political Holders blah blah blah and it is found that their orders were not proportionate to the threat faced the amnesty provided by the Emergency Decree is nullified and therefore everything they did was not lawful. What can't you understand about that?

And IF the case doesn't progress any further what will YOU do about it?

Will you, would you be able too or even willing too understand all the facts?

Edited by siampolee
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The Thai elite have been killing their own people for years and getting away with it, why on Earth did folks think it was going to be any different this time around?

There has to be some sort of accountability from politicians and military for the deaths, regardless of the circumstances at the time. In any civilised society this is a bare minimum. In ruling they have no jurisdiction they are preventing the truth from being known.

No doubt they will attempt to yet again foist this objectionable upper class twit who's father supported the odious dictator Suchinda upon the poor Thai populace. It runs in the Vejjajiva family.

Dark days ahead indeed as we have seen the rural Thais still haven't forgotten Democrat bitter medicine policies from the late 90's, and the cycle looks to continually repeat itself in the future, as they will never accept a government they haven't chosen, hence the attempts to cheat the system by the junta.

Can you please explain why the Democrats ran that policy? AFAIR it was because Thailand was close to bakruptcy and was bailed out by the World Bank and the IMF and the loans had to be repaid.

The government that was responsible for those debts was the one under Chavalt Yongchaiyudh and Banharn Silpa Archa. Oddly enough Thaksin Shinawatra was a minister in those governments too.

Banharn and Chavalit have been ministers in Thaksins governments as well. Isn't it nice to have firnds that you can rely on?

Of course if you don't believe me you can also Google it.

Edited for spelling.

A better question would be why the Democrats targeted the poorest rural areas to pay back the debts that the rich Thai elite had incurred by allowing the economy to cave in on itself, triggering a regional crisis?

An even better question would be why those families in power then continued to be unaffected and amass even greater wealth during that period.

And again, an even better question to ask would be why those families continually opposed Thaksin's populist policies towards improving the lives of the most affected during that time?

The answers are obvious, but people still keep on believing there's some sort of monster out in Dubai while the real one is very much ensconced under the bed.

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fab4 post # 191.

If the case eventually goes to the Supreme Court Political Holders blah blah blah and it is found that their orders were not proportionate to the threat faced the amnesty provided by the Emergency Decree is nullified and therefore everything they did was not lawful. What can't you understand about that?

And IF the case doesn't progress any further what will YOU do about it?

Will you, would you be able too or even willing too understand all the facts?

If a case is not made by the NACC that abhisit and suthep should face charges in the other court as I suspect, I would accept that once more double standards are being applied.

As I've said before the evidence hasn't disappeared, the reasons for pursuing the case against suthep and abhisit are genuine and are not linked to some half assed excuse of a theory that dropping the charges would be "rewarded" by giving an amnesty to Thaksin.

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People seem to have conveniently forgotten the military was using live ammo on protesters very early on when we were being lied to by Abhisit and co. saying there was no live ammo being used and they were firing blanks.

At this time there were no 'men-in-black' nor red shirts armed with firearms.

You could clearly see M16's being fired by soldiers without suppressors attached. The fact that it is impossible to fire blank rounds without one seemed not to be of concern to those feeding mushrooms at the time.

Someone should be responsible for those orders and actions, should it be Abhisit? He was leader of the country at the time.

His lineage seems to be full of little dark secrets, his father being in Suchinda's cabinet for example.

Someone should be responsible for the deaths of the protestors this year. Should it be Yingluck Shinawatra?

After she was the PM at the time.

Her lineage comes from her brother Thaksin.

Remember him. The convicted criminal fugitive in self exile.

At the very least both Abhisit and Suthep never left the country and ran away.

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Who knows? The important point is the politicians responsible have been let off the hook - as of course was part of the plan.Needless to say since this is Thailand there is no question of the senior army commanders being brought to account.

They haven't been let off the hook. They can still be charged under their official positions as PM / DPM.

It's just the charges against them in a personal capacity that have been dismissed. Seriously, how could they be charged under a personal capacity anyway. There was no way those charges were going to stick from the very start.

I think we can assume they will never face justice in any capacity.

Possibly, but maybe that's because everything they did was lawful. Just because people were killed doesn't mean that there were orders to kill people, and it doesn't make the people murderers because they gave orders to control armed protesters.

Exactly.They are both "good people" incapable of doing wrong and it is a scandal that charges were ever made against them.We know those civilians, both protestors and journalists, just "ran into bullets" and all the evidence clearly identifying the contrary including the HRW Report was untrue.Probably influenced by Robert Amsterdam if truth be told.

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The Thai elite have been killing their own people for years and getting away with it, why on Earth did folks think it was going to be any different this time around?

There has to be some sort of accountability from politicians and military for the deaths, regardless of the circumstances at the time. In any civilised society this is a bare minimum. In ruling they have no jurisdiction they are preventing the truth from being known.

No doubt they will attempt to yet again foist this objectionable upper class twit who's father supported the odious dictator Suchinda upon the poor Thai populace. It runs in the Vejjajiva family.

Dark days ahead indeed as we have seen the rural Thais still haven't forgotten Democrat bitter medicine policies from the late 90's, and the cycle looks to continually repeat itself in the future, as they will never accept a government they haven't chosen, hence the attempts to cheat the system by the junta.

Can you please explain why the Democrats ran that policy? AFAIR it was because Thailand was close to bakruptcy and was bailed out by the World Bank and the IMF and the loans had to be repaid.

The government that was responsible for those debts was the one under Chavalt Yongchaiyudh and Banharn Silpa Archa. Oddly enough Thaksin Shinawatra was a minister in those governments too.

Banharn and Chavalit have been ministers in Thaksins governments as well. Isn't it nice to have firnds that you can rely on?

Of course if you don't believe me you can also Google it.

Edited for spelling.

A better question would be why the Democrats targeted the poorest rural areas to pay back the debts that the rich Thai elite had incurred by allowing the economy to cave in on itself, triggering a regional crisis?

An even better question would be why those families in power then continued to be unaffected and amass even greater wealth during that period.

And again, an even better question to ask would be why those families continually opposed Thaksin's populist policies towards improving the lives of the most affected during that time?

The answers are obvious, but people still keep on believing there's some sort of monster out in Dubai while the real one is very much ensconced under the bed.

Never mind your better question for the moment.

Will you please give me a straight answer to my question instead of prevaricating and wandering off topic AGAIN.

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People seem to have conveniently forgotten the military was using live ammo on protesters very early on when we were being lied to by Abhisit and co. saying there was no live ammo being used and they were firing blanks.

At this time there were no 'men-in-black' nor red shirts armed with firearms.

You could clearly see M16's being fired by soldiers without suppressors attached. The fact that it is impossible to fire blank rounds without one seemed not to be of concern to those feeding mushrooms at the time.

Someone should be responsible for those orders and actions, should it be Abhisit? He was leader of the country at the time.

His lineage seems to be full of little dark secrets, his father being in Suchinda's cabinet for example.

You talk a lot of crap here under a Bangkok based company name: SureNDT. The owner knows this or are you the owner?

Edited by Nickymaster
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seems to bring back many old sayings

People who live in glass houses should not throw stones

If you want to play in the road do not complain if you get hit

yes some one has to take responsibility

but as many thais will tell you if Farlang where not there at the time it would not have happened

so is it not true if The Red shirts had not taken over the streets there would have been no deaths

Guess another saying is true

If you make your bed

you have to lie in it

My 5 bahts worth

And if that young nurse had not done what she was sworn to do i.e. Minister to the sick and wounded and to try to save lives. She would not have been mercylessly gunned down on the orders of Khun Suthep.

This is simply tp ridiculous for words. Do you really believe your own propaganda? Why would K Suthep order the killing of a nurse? And what evidence do you have? None, off course. This is just blind prejudice no doubt posted at the behest of others.

Who did order the killing then? Someone needs to be held responsible for the bloodbath. If it is not Suthep and Abhisit then maybe some military people need to go on trial.

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That would be a riot to see since the general at the time now has Abhisit's old job

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At the very least both Abhisit and Suthep never left the country and ran away.

If you know there is not a chance in hell of ever serving a day in prison it doesn't really take much courage not to run away.

Yes especially when you know that your opponents <deleted> up and used the wrong court to file spurious charges.

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Who did order the killing then? Someone needs to be held responsible for the bloodbath. If it is not Suthep and Abhisit then maybe some military people need to go on trial.

Sent from my IS11T using Thaivisa Connect Thailand mobile app

Maybe no one "ordered the killing". The facts are that protesters were using war weapons against soldiers. Soldiers don't need orders to protect themselves.

Protect themselves from unarmed nurses?

Sent from my IS11T using Thaivisa Connect Thailand mobile app

Are you suggesting that someone specifically ordered the nurse to be shot?

Some one gave the orders which authorised armed soldiers to shoot unarmed people sheltering in the temple grounds. In that shooting a medic (clearly identifiable as a nurse) was shot.

The person who gave that order is, amongst others, responsible for that killing.

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Some one gave the orders which authorised armed soldiers to shoot unarmed people sheltering in the temple grounds. In that shooting a medic (clearly identifiable as a nurse) was shot.

The person who gave that order is, amongst others, responsible for that killing.

Someone gave orders which authorised armed soldiers to shoot for their own protection. That unarmed people and people sheltering in temples were shot doesn't mean that orders were given to do that.

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Maybe the protesters (and you) should learn how PMs are elected in Thailand. Abhisit was elected PM by a majority of MPs, the same way as Thaksin, Samak, Somchai and Yingluck.

Did PPP call an election when Samak was forced to step down? No. They went to parliament to elect a new PM.

Did Somchai call an election when he was elected PM? No. I didn't see the red shirts out protesting then.

Did PTP (who were effectively in government after Somchai and PPP was banned) call a general election to elect a new PM? No. They went to parliament to elect a PM. That's when Abhisit was elected by a majority of MPs.

There is an important distinction between the elections of Thaksin, Yingluck on one hand and Abhisit,Samak,Somchai on the other.The former two won a mandate from the Thai people and the latter three did not.The latter certainly were legitimately elected PM by MPs but would have needed to refresh their mandate with the people at large.This is well understood by anyone who understands the parliamentary system of government.It would be pleasant if we could be spared yet more pious lectures on how the system works - which usually tend to omit important background.

It's an irrelevant distinction. They were still all elected by a majority of MPs. For Thaksin (in 2005, not 2001) and Yingluck, that majority came from a single party.

Samak, Somchai and Abhisit were still all democratically elected PMs.

... and I didn't see the red shirts out protesting against Samak and Somchai.

Edited by whybother
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when you consider that there are no ballistics tests to link the weapons used to kill people directly to the army and that they have based it all on thew fact "high power" weapons as n the type the army uses you really have to wonder at the mentallity of those pressing the charges. A bullet needs to be linked(ballistics) to a weapon before you can claim that that was the gun used especially when thaksin had his paid killers the blackshirts simply shooting everyone to cause as much mayhem as possible. The blackshirts were in the areas the killing shots were fired from and the army was firing back at those people shooting at them, the fact that the red shirts were using others for cover should reflect on the reds. The govt issued orders to return fire, the reds started the shooting and all the appologists in here expect them to have no blame even though it was all their fault, what a bunch of sorry ars*d losers those defending the reds really are.

Pleases stop being naive and allow others to think for you. You really think that something as important as ballistic tests were not investigated? Inquest at the Bangkok South Criminal Court have sufficient evidences to link the 4 men and 1 woman in the temple were killed by high velocity bullets from the army. The inquest also dismissed these mysterious unidentified men firing at the soldiers.

Previous court ruling also stated that 5 people were killed by guns fired by military personnel and 1 Italian photographer killed by bullets fired from the direction of the soldiers.

These are court rulings not hearsay or information passed around by TVF AV and Sutherp fan club. Now the worst part of this is that all these evidences were passed to the criminal court for prosecution and the sad part is that the court threw this out due to technicality. No consideration of the seriousness of the charges. Simply pathetic.

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when you consider that there are no ballistics tests to link the weapons used to kill people directly to the army and that they have based it all on thew fact "high power" weapons as n the type the army uses you really have to wonder at the mentallity of those pressing the charges. A bullet needs to be linked(ballistics) to a weapon before you can claim that that was the gun used especially when thaksin had his paid killers the blackshirts simply shooting everyone to cause as much mayhem as possible. The blackshirts were in the areas the killing shots were fired from and the army was firing back at those people shooting at them, the fact that the red shirts were using others for cover should reflect on the reds. The govt issued orders to return fire, the reds started the shooting and all the appologists in here expect them to have no blame even though it was all their fault, what a bunch of sorry ars*d losers those defending the reds really are.

Pleases stop being naive and allow others to think for you. You really think that something as important as ballistic tests were not investigated? Inquest at the Bangkok South Criminal Court have sufficient evidences to link the 4 men and 1 woman in the temple were killed by high velocity bullets from the army. The inquest also dismissed these mysterious unidentified men firing at the soldiers.

Previous court ruling also stated that 5 people were killed by guns fired by military personnel and 1 Italian photographer killed by bullets fired from the direction of the soldiers.

These are court rulings not hearsay or information passed around by TVF AV and Sutherp fan club. Now the worst part of this is that all these evidences were passed to the criminal court for prosecution and the sad part is that the court threw this out due to technicality. No consideration of the seriousness of the charges. Simply pathetic.

If you think that ballistic evidence was provided at any of the inquests, you are exceedingly naive. The findings were based on some witnesses and probability. That's not to say they were wrong.

The worst thing is that Tarit totally absolved the army from any possible repercussions and focused on his (PTP-instructed) targets - Abhisit & Suthep. He then compounded his witch hunt by filing charges in the wrong court. Prejudice followed by incompetence.

It's always 'pathetic' when your prejudices fail (others say double-standards) but in this case it is pathetic because of stupidity.

No court can consider charges, no matter how 'serious', that are outside it's jurisdiction. Is that difficult to understand?

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I cannot believe that when the subject of the killing of the people in the 2010 Thaksin Shinawatra attempted / failed coup comes up the names of Abhisit and Suthep are constantly thrown around by the desperate and pathetic red supporters.

What about the cowardly runaway dog who orchestrated the entire debacle ? The wealthy desert worm who funded the operation ? He is the one who should be up on murder charges, not the ones who were trying to run the government at the time.

Fabby and his mates have selective memories, and no credibility whatsoever.

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