BANGKOK, May 4 – The Office of Attorney General (OAG) has refused to comment on a report that the Department of Special Investigation (DSI) plans to withdraw court cases of terrorism against Red Shirt activists.
It has been reported that the DSI will submit such a proposal to the OAG through Justice Minister Pracha Promnok, seeking to withdraw the case, pending trial in the Criminal Court.
OAG spokesman Vinai Damrongmongkolkul was silent when asked about the report but said he has yet to see this request.
“If the justice minister forwards the case to the OAG for further action, we will abide by the law in considering the request,” he said. “In my capacity as the person in charge of the case, I have to take into consideration the reasons and the scope of my power as given by the law. We have to be careful since the attorney general has already filed charges against the defendants in court.”
“In my career as an attorney general for over 30 years, I have never withdrawn any cases,” he said.
Chief Judge of the Criminal Court, Thaawee Praachuablarb, said Article 35 of the Criminal Code requires that a request for withdrawal of a case must be submitted before a verdict is given by the first court.
It’s up to the court whether the request will be granted, he said.
He said there were cases where the attorney general filed charges with the Criminal Court and later withdrew such as land intrusion case and the case involving Wat Dhammakaya.
“If the petition to withdraw is done in accord with the law, the chance for the court to approve a withdrawal is almost 100 per cent. But I have never deliberated on a terrorism case,” he said.
