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Published on August 3, 2007

"The issue is about rights and liberties and my clients will not apply for bail before they can prove their case," Jesada Chandee said.

Jesada said his clients were willing to remain in remand for 48 days, the maximum time allowed for police to complete their report.

Police detained nine protest leaders last Thursday, but one sought and received bail the next day.

The Criminal Court yesterday ruled in favour of the police's detention of the nine last Thursday after notifying them of charges against them relating to a rampage by unruly protesters on July 22.

The court's verdict outlined the events leading to their detention and the pertinent legal issues after reviewing the police's arguments and defence rebuttals.

At a court mediation session last Wednesday, the nine leaders of the Democratic Alliance Against Dictatorship agreed in writing to report to police to acknowledge charges in lieu of facing arrest warrants, the court said in its ruling.

Under the arrangements made by the court, the nine met with police the following day. The police spelled out the charges against them and the nine signed their respective statements of acknowledgement. They denied all the charges and claimed their right to testify in court.

Up to this point, all proceedings for the issue of arrest warrants were completely cancelled. The legal status of the nine is "accused". They were not arrested.

Upon completing notification of charges, police deemed it necessary to take the nine into custody, which they are empowered to do as per Articles 71 and 134 of the Criminal Procedural Code.

Since the session took place at the court building, police promptly applied for remand. The request for remand was legal and in compliance with the court regulations issued by the Supreme Court president in 2005.

The detention of the nine was as per the court-approved remand, which had no link to any arrest nor proceedings for arrest warrants.

In the court-mediated agreement, there was no pledge by police to release the nine after they surrendered themselves.

Under Articles 66 and 71, the court has the purview to exercise judicial discretion to approve or deny remand sought by police under Article 134.

In the case in question, the nine face charges punishable by more than three years in jail, which is grounds for remand.

The defence claimed the nine were arrested and detained unlawfully and demanded their immediate release citing Article 90. Under the provision, suspects are entitled to temporary release if police have no reason to suspect they will tamper with evidence, flee, or commit further violations.

The court countered that the provision did not apply because police did not arrest the nine, who would then be classified as suspects.

The eight protest leaders in remand are Veera Musigapong, Jatuporn Phromphan, Jakrapob Penkair, Weng Tojirakarn, Wiputalaeng Patanapumithai, Apiwan Wiriyachai, Natthawut Saikua and Manit Jitchanklab.

Their supporters, including former Thai Rak Thai MP Thirachai Saengkaew, lined up to visit them at the remand prison.

Thirachai said the eight told their supporters to continue campaigning to defeat the draft charter in a referendum.

Jakrapob told reporters that he did not expect to be released under a climate of dictatorship.