A carer at a former children's home was jailed for two years yesterday for sexually attacking teenage girls, the Press Association reported.
Gordon Wateridge, nicknamed "the Perv" by his victims, carried out the attacks in the 1970s at the Haut de la Garenne children's home in Jersey.
The 78-year-old, described as a "persistent sexual bully" during his trial last month, was found guilty of eight charges of indecent assault and one charge of assault at Jersey's Royal Court.
Youngsters sent to the home were vulnerable and suffered from a variety of problems. But Wateridge, then in his 40s, failed in his obligation to look after them, the court heard.
He would grope girls' breasts, kiss them on the neck and, in one instance,forced his hand inside a victim's underwear.
Wateridge, who was born in Croydon,south London, was the first person to be charged in connection with a historic child abuse investigation on the island.
One victim repeatedly broke down in tears in court as she recalled how Wateridge would regularly lean out and grab her and other girls as they walked past the home's snooker table.
The woman, who was taken into the home after her father unexpectedly died,said Wateridge would push her on to the snooker table and grope her breasts and inner thighs.
"It wasn't right ... I was a girl of 13 or 14, he was a big man, I would be shouting at him to stop," she said.
Passing sentence yesterday, Judge Christopher Pitchers said:"What he did was rightly described in the trial as sexual bullying." It was true, he added, that the acts carried out by Wateridge were at the "lower end" of the sentencing guidelines.
He said:"They were vulnerable because they were children and because they were placed in the home without the support of a loving family. They were entitled to expect care, love and kindness but in fact they received sexual bullying and unkindness."
Wednesday, September 23, 2009
Illegal stimulant upgraded to type-1 drug
The Food and Drug Administration has reclassified the illicit stimulant dimethylamphetamine a type-1 drug in an effort to arrest its growing popularity.
The stimulant is related to methamphetamine but has a reduced effect.
The addictive drug was previously classified a type-2 drug, which carried a jail sentence of up to 20 years under the Narcotics Act for anyone caught smuggling it. The smuggling of type-1 drugs carries the death penalty.
The FDA has upgraded the classification of dimethylamphetamine to match methamphetamine, mainly due to the increase in smuggling of the drug.
The suggestion to elevate its classification to type-1 was made by the Office of the Narcotics Control Board, FDA secretary-general Pipat Yingseree said.
"We have to keep seeking ways to stamp out new trends in the smuggling of drugs," he said.
"Drug dealers were switching from trading in methamphetamine to dimethylamphetamine mainly because of the lenient penalties."
Mr Pipat said the drug's mild effect,compared with methamphetamine, also enabled dealers to sell more.
Public Health Minister Witthaya Kaewparadai has approved a ministerial regulation classifying dimethylamphetamine as a type-1 drug.
Its enforcement is expected to take effect within 180 days after its publication in the Royal Gazette, he said.
Kobkul Chantavaro, an adviser to the ONCB, said traces of dimethylamphetamine have occasionally been found in ice, or crystal methamphetamine.
The stimulant is related to methamphetamine but has a reduced effect.
The addictive drug was previously classified a type-2 drug, which carried a jail sentence of up to 20 years under the Narcotics Act for anyone caught smuggling it. The smuggling of type-1 drugs carries the death penalty.
The FDA has upgraded the classification of dimethylamphetamine to match methamphetamine, mainly due to the increase in smuggling of the drug.
The suggestion to elevate its classification to type-1 was made by the Office of the Narcotics Control Board, FDA secretary-general Pipat Yingseree said.
"We have to keep seeking ways to stamp out new trends in the smuggling of drugs," he said.
"Drug dealers were switching from trading in methamphetamine to dimethylamphetamine mainly because of the lenient penalties."
Mr Pipat said the drug's mild effect,compared with methamphetamine, also enabled dealers to sell more.
Public Health Minister Witthaya Kaewparadai has approved a ministerial regulation classifying dimethylamphetamine as a type-1 drug.
Its enforcement is expected to take effect within 180 days after its publication in the Royal Gazette, he said.
Kobkul Chantavaro, an adviser to the ONCB, said traces of dimethylamphetamine have occasionally been found in ice, or crystal methamphetamine.
Foreigners accused of B50m jewellery theft
Three foreigners have been arrested and accused of stealing diamond jewellery worth 50 million baht from an exhibition in Bangkok at the weekend.
The three suspects allegedly stole the jewellery from a booth at the 44th Bangkok Gem and Jewelry Fair held at the Muang Thong Thani convention and exhibition centre on Saturday.
They are Daransa Waren Singh Ca-manro,22, of Peru, and Matinev Alexis,29, and Borotiros Casanida Jinee, 54,both of Mexico.
Officers from Provincial Police Region 1 took the three into custody in Pattaya yesterday as they were about to return a car to a rental firm.
A police source said the three colluded with two others to carry out the theft from Aphiwat Tiyasuksawat,25.
The theft allegedly took place as Mr Aphiwat was away and only his mother,Sopha, was staffing the booth.
The stolen items included 60 diamond rings,10 pairs of diamond earrings, eight bracelets and five diamond pendants.
The suspects, who were found carrying fake passports, entered Thailand from Malaysia through Sadao district in Songkhla province.
The other two suspects were seen boarding a bus for Sadao in a bid to flee into Malaysia with the jewellery, police said.
The three suspects allegedly stole the jewellery from a booth at the 44th Bangkok Gem and Jewelry Fair held at the Muang Thong Thani convention and exhibition centre on Saturday.
They are Daransa Waren Singh Ca-manro,22, of Peru, and Matinev Alexis,29, and Borotiros Casanida Jinee, 54,both of Mexico.
Officers from Provincial Police Region 1 took the three into custody in Pattaya yesterday as they were about to return a car to a rental firm.
A police source said the three colluded with two others to carry out the theft from Aphiwat Tiyasuksawat,25.
The theft allegedly took place as Mr Aphiwat was away and only his mother,Sopha, was staffing the booth.
The stolen items included 60 diamond rings,10 pairs of diamond earrings, eight bracelets and five diamond pendants.
The suspects, who were found carrying fake passports, entered Thailand from Malaysia through Sadao district in Songkhla province.
The other two suspects were seen boarding a bus for Sadao in a bid to flee into Malaysia with the jewellery, police said.
CSD opens inquiry into missing pair
Relatives of a businessman and a newspaper reporter in Nakhon Ratchasima have asked the Crime Suppression Division to investigate their suspected abduction.
The disappearance of the pair is believed to be linked to a senior police officer.
Ananwat Atthanapol,45, who is involved in a direct sales business, and reporter Naret Yuwarat are believed to have been abducted by their rivals in a court case.
Mr Ananwat's nephew, Pasakorn Punnampet, said the people he suspected of abducting the pair might be connected with a senior police officer in the province who is involved in the case.
The pair have been missing since Sept 9 after appearing at Nakhon Ratchasima Municipal Court where Mr Ananwat was facing an embezzlement charge,Mr Pasakorn said.
Mr Pasakorn said he lodged a complaint with the CSD because he was unhappy with the progress of a previous complaint filed with police in the province. He said he suspected there might be irregularities in the case and wanted the CSD's help.
The person who accused Mr Ananwat of embezzlement is reportedly a friend of a police officer with a rank of colonel in Police Region 3, covering the lower Northeast, according to the complaint.
"My uncle [Mr Ananwat] had told me before his disappearance a senior police officer handling the robbery case threatened to kill him if he didn't submit to the charge," Mr Pasakorn said.
Mr Ananwat made an appointment on Sept 9 with his lawyer at a shopping mall. While he went to withdraw money from an ATM, someone phoned him,and he left the mall.
His lawyer said passers-by told him he was forced into a car by a group of men who looked like "plain-clothes police".
The disappearance of the pair is believed to be linked to a senior police officer.
Ananwat Atthanapol,45, who is involved in a direct sales business, and reporter Naret Yuwarat are believed to have been abducted by their rivals in a court case.
Mr Ananwat's nephew, Pasakorn Punnampet, said the people he suspected of abducting the pair might be connected with a senior police officer in the province who is involved in the case.
The pair have been missing since Sept 9 after appearing at Nakhon Ratchasima Municipal Court where Mr Ananwat was facing an embezzlement charge,Mr Pasakorn said.
Mr Pasakorn said he lodged a complaint with the CSD because he was unhappy with the progress of a previous complaint filed with police in the province. He said he suspected there might be irregularities in the case and wanted the CSD's help.
The person who accused Mr Ananwat of embezzlement is reportedly a friend of a police officer with a rank of colonel in Police Region 3, covering the lower Northeast, according to the complaint.
"My uncle [Mr Ananwat] had told me before his disappearance a senior police officer handling the robbery case threatened to kill him if he didn't submit to the charge," Mr Pasakorn said.
Mr Ananwat made an appointment on Sept 9 with his lawyer at a shopping mall. While he went to withdraw money from an ATM, someone phoned him,and he left the mall.
His lawyer said passers-by told him he was forced into a car by a group of men who looked like "plain-clothes police".
Meeting turns to mayhem as tempers flare
A meeting on the reassignment of senior police officers has erupted into a heated argument, forcing its closure after just 90 minutes.
Deputy Prime Minister Suthep Thaugsuban, who chaired the Police Commission's qualifications screening board yesterday in his position as acting prime minister, refused to allow the meeting to continue because of the arguments.
Deputy police chief Priewpan Damapong said after the meeting the screening board members had been unable to reach an agreement on the reshuffle list.
Other members of the board included Pol Gens Wongkot Suthep: No Maneerin, Wirot agreement Phaholwech,Chumpol Manmai, Jongrak Juthanond,Watcharapol Prasarnratchakit and Pateep Tanprasert.
The meeting yesterday considered the reshuffle list of police generals below the rank of national police chief proposed by acting police chief Thanee Somboonsap.
Pol Gen Watcharapol, who is also the police spokesman, said several Police Commission members suggested during the meeting that the reshuffle be considered after the government had appointed the new national police chief.
He said the board members all had different suggestions and Mr Suthep adjourned the meeting after failing to arrive at a consensus.
The Police Commission has yet to appoint a new police chief to succeed Pol Gen Patcharawat Wongsuwon,who resigned after the the National Anti-Corruption Commission charged him with criminal and disciplinary offences over the Oct 7 protest crackdown.
Pol Gen Thanee, who is to retire at the end of this month, has been serving as acting police chief.
Pol Gen Watcharapol said board member Pol Gen Pichit Khuantechakup, a police affairs expert, was the first to suggest that the reshuffle of
the police generals be done after the appointment of the national police chief.
Pol Gen Pichit's suggestion won support from several other Pichit: Supports board mempolice reshuffle bers including AttorneyGeneral Chaikasem Nitisiri, Pol Capt Purachai Piumsombun, Pol Lt Gen Amnuay Ditthakawee and Pol Gen Bunpen Bampen.
Consequently, Mr Suthep decided to adjourn the meeting, Pol Gen Watcharapol said.
Mr Suthep said all of the senior police officers had agreed the reshuffle should be concluded by the end of this month.
But it did not matter if that could not be achieved, he said.
Police sources yesterday speculated Mr Suthep had decided to adjourn the heated meeting because he and his allies were unhappy with the reshuffle list.
Deputy Prime Minister Suthep Thaugsuban, who chaired the Police Commission's qualifications screening board yesterday in his position as acting prime minister, refused to allow the meeting to continue because of the arguments.
Deputy police chief Priewpan Damapong said after the meeting the screening board members had been unable to reach an agreement on the reshuffle list.
Other members of the board included Pol Gens Wongkot Suthep: No Maneerin, Wirot agreement Phaholwech,Chumpol Manmai, Jongrak Juthanond,Watcharapol Prasarnratchakit and Pateep Tanprasert.
The meeting yesterday considered the reshuffle list of police generals below the rank of national police chief proposed by acting police chief Thanee Somboonsap.
Pol Gen Watcharapol, who is also the police spokesman, said several Police Commission members suggested during the meeting that the reshuffle be considered after the government had appointed the new national police chief.
He said the board members all had different suggestions and Mr Suthep adjourned the meeting after failing to arrive at a consensus.
The Police Commission has yet to appoint a new police chief to succeed Pol Gen Patcharawat Wongsuwon,who resigned after the the National Anti-Corruption Commission charged him with criminal and disciplinary offences over the Oct 7 protest crackdown.
Pol Gen Thanee, who is to retire at the end of this month, has been serving as acting police chief.
Pol Gen Watcharapol said board member Pol Gen Pichit Khuantechakup, a police affairs expert, was the first to suggest that the reshuffle of
the police generals be done after the appointment of the national police chief.
Pol Gen Pichit's suggestion won support from several other Pichit: Supports board mempolice reshuffle bers including AttorneyGeneral Chaikasem Nitisiri, Pol Capt Purachai Piumsombun, Pol Lt Gen Amnuay Ditthakawee and Pol Gen Bunpen Bampen.
Consequently, Mr Suthep decided to adjourn the meeting, Pol Gen Watcharapol said.
Mr Suthep said all of the senior police officers had agreed the reshuffle should be concluded by the end of this month.
But it did not matter if that could not be achieved, he said.
Police sources yesterday speculated Mr Suthep had decided to adjourn the heated meeting because he and his allies were unhappy with the reshuffle list.
OKAY SOUGHT FOR MILITARY PURCHASES
A request for a huge new defence budget for the Army and the Navy is being submitted to the Cabinet today for initial approval.
In addition, the Royal Thai Police is seeking to buy 16,045 sets of antiriot gear worth Bt48 milllion, including 18,445 of a special type of rubber baton at Bt1,000 apiece.
The Army wants to buy 1,474 2.5tonne Jeepstyled vehicles. The selected model, a Japanese brand, is priced at Bt3,388,500 apiece, totalling Bt4.99 billion.
The Navy wants to enhance its antisubmarine capability, by modifying a model of a USmade sea helicopter and buying a number of sonar dip buoys at Bt989million, in a tiedover allocation for the next two years.
In addition, three coastal patrol ships are being sought at a cost of Bt1.6 billion, also in a tiedover two year allocation.
To keep paying for defence contracts, both past deals and those in the future, the Defence Ministry is asking for another Bt3.04 billion. Of the entire amount, Bt610 million will be spent this year, with the remainder in the next three years in tiedover allocations.
In addition, the Royal Thai Police is seeking to buy 16,045 sets of antiriot gear worth Bt48 milllion, including 18,445 of a special type of rubber baton at Bt1,000 apiece.
The Army wants to buy 1,474 2.5tonne Jeepstyled vehicles. The selected model, a Japanese brand, is priced at Bt3,388,500 apiece, totalling Bt4.99 billion.
The Navy wants to enhance its antisubmarine capability, by modifying a model of a USmade sea helicopter and buying a number of sonar dip buoys at Bt989million, in a tiedover allocation for the next two years.
In addition, three coastal patrol ships are being sought at a cost of Bt1.6 billion, also in a tiedover two year allocation.
To keep paying for defence contracts, both past deals and those in the future, the Defence Ministry is asking for another Bt3.04 billion. Of the entire amount, Bt610 million will be spent this year, with the remainder in the next three years in tiedover allocations.
Monday, September 21, 2009
Making the case for the prosecution
Public prosecutors who are under the Office of the Attorney-General (OAG) play a very important role in the Thai judicial system, but not many people know much about their powers and responsibilities. The Public Prosecution Department (PPD) was established on April 1, 1893, as part of the Ministry of Justice. In 1991, the PPD was changed to the OAG and made responsible to the prime minister. The change in name reflects the broad duties of the office,which are not restricted to criminal prosecution.
The 2007 constitution provided that the OAG become an independent organisation.To guarantee its independence, especially in case handling, the OAG was separated from the executive branch and now reports directly to Parliament.
Kayasit Pitsawongprakan, director-general of the OAG's northern Bangkok Criminal Litigation Department, is a man with a very big responsibility, with more than 100 prosecutors and other personnel under his supervision.At any one time he has ultimate responsibility for the proper prosecution of hundreds of cases - some very important and often with political ramifications.
Mr Kayasit joined the government service 37 years ago and has since held a number of important positions, mostly in the field of litigation. Despite the workload, he enjoys his job and looks forward to two more years in public service before his retirement.
In an exclusive interview for Spectrum Mr Kayasit was more than happy to answer questions on a number of subjects - some regarded as sensitive - as put to him by Maxmilian Wechsler .What is the role of a public prosecutor in Thailand?We are the lawyers for the state, charged with protecting and helping the people. The role of the public prosecutor is not only to litigate criminal cases, but also to uphold the rights of the people.What is your responsibility?I have responsibility over the northern Bangkok area. Like the police, the Office of Criminal Litigation divides Bangkok into three areas - northern, southern and Thonburi - each with its own director-general. All prosecutors in Thailand are under the Office of the Attorney-General.What falls under your jurisdiction?I am covering criminal cases sent to us by the Metropolitan Police, the Crime Suppression Division and the Crime Against Children,Juveniles and Women Suppression Division.We are also in contact with the Special Branch and other police agencies. We don't handle drugs-related cases. These are under the responsibility of the Department of Narcotics Litigation, which covers all three Bangkok areas.What are the powers of the prosecutor?Basically, after the police complete their investigation, they send the case to the prosecutor, who will process and forward it to the court. We will look at the case and issue a prosecution order or direct the police to do some additional investigating or to examine a witness if we think that more evidence is needed.
We can also issue a non-prosecution order if the evidence is not sufficient to prosecute and more can't be obtained.
Furthermore, we can also summon police offices or witnesses to obtain more information. If the police cannot arrest a defendant,for whatever reason, and they have strong reason to believe he/she committed a crime,we can order them to make the arrest.
The public prosecutor in Thailand cannot arrest anyone. This is the duty of the police.We don't have our own investigation team attached to our office either.Can you summon anyone to be your witness?We can summon only witnesses whom the police have already interviewed; we cannot approach those outside the police investigation.How powerful is the state prosecutor in Thailand?In comparison to the US, the prosecutors are more powerful there. Among other powers,they can investigate a case right from the beginning. For example, if a murder is reported,they can access the crime scene and begin an investigation right away. We can't do that here.How many cases did you prosecute in 2008?The Department of Criminal Litigation handled 16,605 cases.How many of the cases involved foreigners?Not more than 10%. Are the number of cases you are receiving from the police to prosecute going up or down this year?It is going up because the crime rate is increasing.What are the most common crimes you prosecute?In general, cases of larceny make up the biggest group, followed by assault and sexually related offences like rape and crimes against minors such as child abuse. We are also handling political cases. From what I have heard from my colleagues in the provinces, larceny is the most common crime there as well.What cases are the most difficult to prosecute?Forgeries of documents, including passports.They are difficult to prosecute because we don't have enough facilities to determine whether a document is real, counterfeit or altered.
We have a police scientific department to do the job, but the quality of the equipment is not so good. Also, it is sometimes difficult to get evidence from nationals and officials of other countries.What is your relationship with the police?Our co-operation with Royal Thai Police is excellent. No complaints there.What has been your biggest case so far?There are many to choose from. However,one of the most important involves an attack against the property of the president of the Privy Council, General Prem Tinsulanonda,that occurred in July 2007. The Office of the Attorney-General has decided to prosecute this case, which involves 15 defendants from the United Front for Democracy against Dictatorship (UDD). We are waiting for them to report themselves to the police.
Another big case is the incident where members of the People's Alliance for Democracy (PAD) entered the premises of the National Broadcasting Service of Thailand in August 2008. We will prosecute this case as well.According to media reports there has been an increase of lese majeste cases from previous years.Can you comment on this?
Yes, there has been an increase in this type of offence, partly because of the progress in technology, as it is now very easy to post messages on the internet or to send an email.Do you think that the increase might also be caused by politicians eager to settle a score, using the lese majesty law as their political tool?I don't think so. Lese majeste is usually committed on a website, in an email or during a speech.Do you have the authority to close a website?No, we don't. This is the responsibility of the Information and Technology Department.What is acceptable to you as evidence when someone allegedly makes remarks that constitute lese majeste during a speech?The evidence is usually a tape recording or CD and will be given to us by the police.It is believed among the Thai public and foreigners that every lese majeste accusation has to be prosecuted and sent to the court. Is this correct? This is incorrect. We don't have to accept every case and we can also reject it if the evidence is not sufficient. This has happened on several occasions.
A lese majeste case will not go automatically to the court. It is not fair that an individual has to go to jail just because they are accused of lese majeste. We have to look at the evidence.How many lese majeste cases are you handling now?The police have forwarded to us about 20 cases, all involving Thai nationals.What about the case involving the whole board of the Foreign Correspondents Club of Thailand (FCCT),who were accused of lese majeste recently?This case is still under investigation by the police and has not been sent to us yet.What is going on with the case against former Prime Minister's Office minister Jakrapob Penkair,who allegedly made a lese majeste remark during a speech at the FCCT in August 2007?This case is with us but we have not yet forwarded it to the court. He was due to see us on September 4, but his lawyer said that Mr Jakrapop couldn't make it as he was engaged in an important mission abroad. He should show up by October 7. This is his last chance. If not, a warrant will be issued for his arrest.Is it your own decision which lese majeste cases should be sent to the court?Every case, whatever the offence, is considered for prosecution not only by myself but by a committee set up by our department. We will look very carefully at the evidence.Have the police forwarded you reports on the cases involving the occupation of Don Mueang and Suvarnabhumi airports by the PAD in 2008, and the attempted assassination of PAD co-leader Sondhi Limthongkul this year?Not yet. Those cases are still under investigation by the police.Why has it taken so long to send the reports?I can't say exactly, but the cases involve so many issues concerning the evidence. It is a time-consuming affair. The police must question many witnesses, for example. Therefore,the police have to be very careful about how they handle everything.Are you handling cases involving the murders of the Saudi Arabian nationals committed here during 1989?Some of these cases are under our jurisdiction,and some defendants have been sent before the court. In some of the cases we issued a non-prosecution order. But as far as I know,the government has decided to re-investigate the cases now handled by the Department of Special Investigations (DSI). Any prosecutions will be handled by the Department of Special Litigations.Is there any problem with corruption in your department?Not at all. Our personnel are well educated and carefully chosen to work as prosecutors.However, I must admit that there was one isolated case, but we dismissed that particular individual immediately.Are you aware of cases where an attempt was made by people with power to influence your staff in some way?We are not influenced by politicians, police or military people. We try to help and to protect the people and the victims.Can a member of the public lodge a complaint with you, for instance, when they can't get help from the police?No, we don't provide such a service.Is there any time limitation for the police on submitting a case to you?The criminal procedure under the law is that if the alleged offender is released on bail, the police have 180 days to submit the case to us.If the person is - for whatever reason - not bailed out, it depends on the type of case. If it is a serious offence - with a possible imprisonment of more than 10 years - the case must be submitted to us within 84 days. However, if the maximum sentence is under 10 years the police must submit the case within 48 days.What will happen if the police do not submit the case to you within those time periods?If the alleged offender is not out on bail the court must release him/her, but it doesn't mean the case is automatically cancelled. It means only that the police don't have authority to keep the alleged offender in custody.In the cases of Don Mueang and Suvarnabhumi airports, the police have been investigating for more than 180 days?In these cases, we haven't started counting the days because the police haven't yet arrested anyone. Whenever they arrest someone then we will start counting. Theoretically the police can investigate a case for a very long time if they don't arrest anyone. The statue of limitations is up to 20 years before a case is dismissed. This, however, applies only to serious offences such as murder.What more powers would you like to have?We would like to have additional powers similar to the ones that the public prosecutor (district attorney) has in the US. For example,being involved in a case right from the beginning. I am talking only about important cases.
Then we wouldn't have to wait until the police submit their report to us. Right now the police are doing everything.
If, for example, we could have looked into the Don Mueang and Suvarnabhumi airports cases and attempted assassination of Mr Sondhi right from the beginning, maybe there would have been more progress.
"A lese majeste case will not go automatically to the court. It is not fair that an individual has to go to jail just because they are accused of lese majeste. We have to look at the evidence KAYASIT PITSAWONGPRAKAN, left
The 2007 constitution provided that the OAG become an independent organisation.To guarantee its independence, especially in case handling, the OAG was separated from the executive branch and now reports directly to Parliament.
Kayasit Pitsawongprakan, director-general of the OAG's northern Bangkok Criminal Litigation Department, is a man with a very big responsibility, with more than 100 prosecutors and other personnel under his supervision.At any one time he has ultimate responsibility for the proper prosecution of hundreds of cases - some very important and often with political ramifications.
Mr Kayasit joined the government service 37 years ago and has since held a number of important positions, mostly in the field of litigation. Despite the workload, he enjoys his job and looks forward to two more years in public service before his retirement.
In an exclusive interview for Spectrum Mr Kayasit was more than happy to answer questions on a number of subjects - some regarded as sensitive - as put to him by Maxmilian Wechsler .What is the role of a public prosecutor in Thailand?We are the lawyers for the state, charged with protecting and helping the people. The role of the public prosecutor is not only to litigate criminal cases, but also to uphold the rights of the people.What is your responsibility?I have responsibility over the northern Bangkok area. Like the police, the Office of Criminal Litigation divides Bangkok into three areas - northern, southern and Thonburi - each with its own director-general. All prosecutors in Thailand are under the Office of the Attorney-General.What falls under your jurisdiction?I am covering criminal cases sent to us by the Metropolitan Police, the Crime Suppression Division and the Crime Against Children,Juveniles and Women Suppression Division.We are also in contact with the Special Branch and other police agencies. We don't handle drugs-related cases. These are under the responsibility of the Department of Narcotics Litigation, which covers all three Bangkok areas.What are the powers of the prosecutor?Basically, after the police complete their investigation, they send the case to the prosecutor, who will process and forward it to the court. We will look at the case and issue a prosecution order or direct the police to do some additional investigating or to examine a witness if we think that more evidence is needed.
We can also issue a non-prosecution order if the evidence is not sufficient to prosecute and more can't be obtained.
Furthermore, we can also summon police offices or witnesses to obtain more information. If the police cannot arrest a defendant,for whatever reason, and they have strong reason to believe he/she committed a crime,we can order them to make the arrest.
The public prosecutor in Thailand cannot arrest anyone. This is the duty of the police.We don't have our own investigation team attached to our office either.Can you summon anyone to be your witness?We can summon only witnesses whom the police have already interviewed; we cannot approach those outside the police investigation.How powerful is the state prosecutor in Thailand?In comparison to the US, the prosecutors are more powerful there. Among other powers,they can investigate a case right from the beginning. For example, if a murder is reported,they can access the crime scene and begin an investigation right away. We can't do that here.How many cases did you prosecute in 2008?The Department of Criminal Litigation handled 16,605 cases.How many of the cases involved foreigners?Not more than 10%. Are the number of cases you are receiving from the police to prosecute going up or down this year?It is going up because the crime rate is increasing.What are the most common crimes you prosecute?In general, cases of larceny make up the biggest group, followed by assault and sexually related offences like rape and crimes against minors such as child abuse. We are also handling political cases. From what I have heard from my colleagues in the provinces, larceny is the most common crime there as well.What cases are the most difficult to prosecute?Forgeries of documents, including passports.They are difficult to prosecute because we don't have enough facilities to determine whether a document is real, counterfeit or altered.
We have a police scientific department to do the job, but the quality of the equipment is not so good. Also, it is sometimes difficult to get evidence from nationals and officials of other countries.What is your relationship with the police?Our co-operation with Royal Thai Police is excellent. No complaints there.What has been your biggest case so far?There are many to choose from. However,one of the most important involves an attack against the property of the president of the Privy Council, General Prem Tinsulanonda,that occurred in July 2007. The Office of the Attorney-General has decided to prosecute this case, which involves 15 defendants from the United Front for Democracy against Dictatorship (UDD). We are waiting for them to report themselves to the police.
Another big case is the incident where members of the People's Alliance for Democracy (PAD) entered the premises of the National Broadcasting Service of Thailand in August 2008. We will prosecute this case as well.According to media reports there has been an increase of lese majeste cases from previous years.Can you comment on this?
Yes, there has been an increase in this type of offence, partly because of the progress in technology, as it is now very easy to post messages on the internet or to send an email.Do you think that the increase might also be caused by politicians eager to settle a score, using the lese majesty law as their political tool?I don't think so. Lese majeste is usually committed on a website, in an email or during a speech.Do you have the authority to close a website?No, we don't. This is the responsibility of the Information and Technology Department.What is acceptable to you as evidence when someone allegedly makes remarks that constitute lese majeste during a speech?The evidence is usually a tape recording or CD and will be given to us by the police.It is believed among the Thai public and foreigners that every lese majeste accusation has to be prosecuted and sent to the court. Is this correct? This is incorrect. We don't have to accept every case and we can also reject it if the evidence is not sufficient. This has happened on several occasions.
A lese majeste case will not go automatically to the court. It is not fair that an individual has to go to jail just because they are accused of lese majeste. We have to look at the evidence.How many lese majeste cases are you handling now?The police have forwarded to us about 20 cases, all involving Thai nationals.What about the case involving the whole board of the Foreign Correspondents Club of Thailand (FCCT),who were accused of lese majeste recently?This case is still under investigation by the police and has not been sent to us yet.What is going on with the case against former Prime Minister's Office minister Jakrapob Penkair,who allegedly made a lese majeste remark during a speech at the FCCT in August 2007?This case is with us but we have not yet forwarded it to the court. He was due to see us on September 4, but his lawyer said that Mr Jakrapop couldn't make it as he was engaged in an important mission abroad. He should show up by October 7. This is his last chance. If not, a warrant will be issued for his arrest.Is it your own decision which lese majeste cases should be sent to the court?Every case, whatever the offence, is considered for prosecution not only by myself but by a committee set up by our department. We will look very carefully at the evidence.Have the police forwarded you reports on the cases involving the occupation of Don Mueang and Suvarnabhumi airports by the PAD in 2008, and the attempted assassination of PAD co-leader Sondhi Limthongkul this year?Not yet. Those cases are still under investigation by the police.Why has it taken so long to send the reports?I can't say exactly, but the cases involve so many issues concerning the evidence. It is a time-consuming affair. The police must question many witnesses, for example. Therefore,the police have to be very careful about how they handle everything.Are you handling cases involving the murders of the Saudi Arabian nationals committed here during 1989?Some of these cases are under our jurisdiction,and some defendants have been sent before the court. In some of the cases we issued a non-prosecution order. But as far as I know,the government has decided to re-investigate the cases now handled by the Department of Special Investigations (DSI). Any prosecutions will be handled by the Department of Special Litigations.Is there any problem with corruption in your department?Not at all. Our personnel are well educated and carefully chosen to work as prosecutors.However, I must admit that there was one isolated case, but we dismissed that particular individual immediately.Are you aware of cases where an attempt was made by people with power to influence your staff in some way?We are not influenced by politicians, police or military people. We try to help and to protect the people and the victims.Can a member of the public lodge a complaint with you, for instance, when they can't get help from the police?No, we don't provide such a service.Is there any time limitation for the police on submitting a case to you?The criminal procedure under the law is that if the alleged offender is released on bail, the police have 180 days to submit the case to us.If the person is - for whatever reason - not bailed out, it depends on the type of case. If it is a serious offence - with a possible imprisonment of more than 10 years - the case must be submitted to us within 84 days. However, if the maximum sentence is under 10 years the police must submit the case within 48 days.What will happen if the police do not submit the case to you within those time periods?If the alleged offender is not out on bail the court must release him/her, but it doesn't mean the case is automatically cancelled. It means only that the police don't have authority to keep the alleged offender in custody.In the cases of Don Mueang and Suvarnabhumi airports, the police have been investigating for more than 180 days?In these cases, we haven't started counting the days because the police haven't yet arrested anyone. Whenever they arrest someone then we will start counting. Theoretically the police can investigate a case for a very long time if they don't arrest anyone. The statue of limitations is up to 20 years before a case is dismissed. This, however, applies only to serious offences such as murder.What more powers would you like to have?We would like to have additional powers similar to the ones that the public prosecutor (district attorney) has in the US. For example,being involved in a case right from the beginning. I am talking only about important cases.
Then we wouldn't have to wait until the police submit their report to us. Right now the police are doing everything.
If, for example, we could have looked into the Don Mueang and Suvarnabhumi airports cases and attempted assassination of Mr Sondhi right from the beginning, maybe there would have been more progress.
"A lese majeste case will not go automatically to the court. It is not fair that an individual has to go to jail just because they are accused of lese majeste. We have to look at the evidence KAYASIT PITSAWONGPRAKAN, left
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