Pratya Preechavej and Yutthaphong Kittisriworraphan submit a complaint to a Human Rights Commission representative over the police implicating them in the bomb blast at Seacon Square on New Year’s Eve.

After weeks of confusion, inconsistencies and retractions by the police, investigators decided yesterday to halt criminal action against two men who look similar to two suspected bombers in police photos  because of lack of evidence.

Chief investigator Pol General Phatcharawat Wongsuwan said all five criminal offences, including terrorism, against Pratya Preechavej and Yutthaphong Kittisriworraphan had been dropped.

"It is up to both men whether they will file lawsuits against police," he said.

Police did not think both men were completely innocent, he said, but there was insufficient evidence for a criminal prosecution.

"Police have strictly followed all laws and regulations dealing with both men in their efforts to solve the bomb attacks case," he said.

Asked whether inconsistencies by the police who claimed they had "substantial evidence" on the two suspects would affect their public image, Phatcharawat, a deputy police chief, said the initial evidence was sufficient but additional accounts were not convincing enough for a court trial.

Asked if the case would be a lesson for the police, he said "mistakes did happen" but the police had exercised careful consideration in handling both men all along.

Acting police chief Seripisut Temiyavej and Phatcharawat yesterday offered no public apology or compensatory damage to Pratya and Yutthaphong.

When asked if the police investigation into the bomb attack at Seacon Square was now back to square one, Phatcharawat said police would "start over, based on some new theories".

As to ongoing investigations into other bomb attacks at Saphan Khwai and Major Cineplex based solely on video evidence, the officer said video evidence at the two sites clearly showed the suspects planting bombs.

Justice Ministry permanent secretary Charan Phakdithanakul said that both men did not have to seek civil compensatory damage from the police because there was they had nothing to be ashamed of for being wrongly implicated.

"It's the police who are supposed to feel ashamed," he said.

Phanuwat Khongthanayan-sakul, a lawyer representing both men, said police were still required to submit a recommendation to public prosecutors to have all criminal procedural actions against his clients fully dropped.

"Halting their own action is not enough," he said.