Army denied jurisdiction over inquest
Published: 12/06/2012 at 04:56 PMOnline news: Local News


The Criminal Court has refused a request by the Royal Thai Army for the transfer of the inquest into the death of red-shirt taxi driver Phan Kamkong during the crackdown on anti-government protesters on May 15, 2010 to a military court.

The court said on Tuesday there were no grounds to rule on the urgent request made by acting army commander Gen Thanongsak Apirakyothin on May 18, 2012.

"The army has no authority to hand in any document seeking the removal of the inquest to the military court because Article 150 of the Criminal Procedures Code allows only the prosecution to do so in the courts of justice," the court said.

Two army officers scheduled to give testimony in court on Tuesday morning did not show up, pleading they were fully engaged in the annual para-military exercise of the King's Guard Artillery Regiment.

Lt Col Worakan Hoontrakoon and Capt Kriengsak Kamlamul are two key witnesses.

The hearing of their accounts will be rescheduled later.

In the afternoon, the court heard another witness, Air Vice Marshal Vichan Peonim, a doctor who performs autopsies at Ramathibodi Hospital. He said Phan died as a result of a severe injury to his inner left upper arm.

Dr Vichan, 62, with two decades of experience in post mortem and forensice work, told the court that the victim was initially intended to go to Phaya Thai 1 Hospital, but the entrance to the hospital was deemed too dangerous during the mayhem. The body was therefore instead moved to Ramathibodi Hospital, where he was on duty.

The doctor said there were three wounds -- in the left of the chest, the middle chest and the inner upper left arm. He deduced death came from just one single bullet fired from a high-velocity weapon.

The bullet destroyed major blood vessels, causing massive bleeding, but Phran did not die instantly, he said. The autopsy also revealed tiny pieces of brass shrapnel, possibly from a bullet, stuck inside the wound on his arm.

The Criminal Court adjourned the inquest, scheduling the next hearings to begin on June 26 and on to the end of August.

Phan Kamkong, 44, a Yasothon native, was one of 16 people injured or killed on May 15, 2010 on Ratchaprarop road.

BANGKOK POST