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Published on August 1, 2007

Eight anti-coup protest leaders will today present their case for unconditional release at their second remand hearing at the Criminal Court.

"The defence argument will be based on a writ submitted on Friday, with additional evidence about unlawful police detention," defence lawyer Jesada Chandee said yesterday.

Court chief justice Jirawan Suyanwanitchakul is scheduled to preside over the remand hearing and will rule whether to set the eight free with or without bail.

Former judge Manit Jitchanklab, one of the eight detained, told the Thai News Agency yesterday that he had drafted a 23-page statement to be submitted to the court by his lawyer today. The statement would request "unconditional" release of every protester by arguing that they did not acknowledge police charges when they were taken from the court last Friday.

Without signing and accepting charges, the protest leaders exercised their rights under Article 90 of the Criminal Code under the terms of which they are entitled for release, said Manit, formerly chief justice of the Criminal Court.

Under a court-mediated agreement, nine anti-junta protest leaders surrendered last Thursday to hear charges relating to the previous Sunday's rampage by anti-coup demonstrators. Police then detained the leaders.

The nine were Veera Musigapong, Jatuporn Phrom-phan, Jakrapob Penkair, Nat-thawut Saikua, Weng Tojira-karn, Wiputalaeng Patanapu-mithai, Manit Jitchanklab, Apiwan Wiriyachai and Jaran Dittha-apichai.

Upon expiry of the detention order last Friday, Jaran sought and received bail while the remaining eight opted to contest the police's right to take them into custody. They demanded immediate release without bail.

Because of the court's tight schedule, the eight were left in remand over the long holiday weekend.

Manit wrote Friday's writ and presented it via his lawyer. In his four-point argument, he said police failed to follow the Criminal Procedural Codes when spelling out charges against him and his fellow suspects, hence they had no grounds for detaining them.

All nine suspects have denied the charges and have claimed the right to testify in court, he said, adding that the court is obliged to convene a hearing before the police can gain custody.

The detentions took place before the court could complete its ruling on whether to issue arrest warrants against the nine, he said.

Police forcefully carried him out of the courtroom to a remand cell at Samsen Police Station, Manit said, arguing that such action was in contempt of court.

In an interview yesterday from Bangkok Remand Prison, Jakrapob challenged police to arrest him in connection with another case concerning his release of a taped telephone conversation.

Police earlier threatened to file additional charges for his alleged involvement in wire-tapping.

 Jakrapob said that he would file a complaint with the United Nations over what he called the group's unlawful detention.

He said his team would disseminate information about the situation in Thailand to foreign media to inform them that the country did not have full democracy.