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Published on August 4, 2007

Two of the eight detained anti-coup protest leaders yesterday cited health reasons to seek bail, reneging on an earlier pledge to expose their allegedly illegal detention from their cells.

The Criminal Court promptly approved the bail applications.

Weng Tojirakarn and Manit Jitchanklab were banned from inciting crowds in any way that could lead to violence as a condition for their release on cash bonds of Bt200,000 each.

The six protest leaders still in remand are Veera Musigapong, Jatuporn Phromphan, Jakrapob Penkair, Wiputalaeng Patana-pumithai, Apiwan Wiriyachai and Natthawut Saikua.

Jakrapob's mother Natthawan said her son refused to post bail and would fight his case from prison.

Lawyer Jesada Chandee yesterday filed an appeal against the Criminal Court's ruling on Thursday in favour of the continued police detention of the eight leaders, who sought to be set free unconditionally instead of having to apply for bail.

After learning of their release, Weng and Manit both said they expected to better argue against their detention without obstacles caused by remand.

Jakrapob urged his fellow protesters to block any attempt to dismantle the stage set up by the Democratic Alliance Against Dictatorship at Sanam Luang.

Protest leader Jaran Dittha-apichai, who was bailed last Friday, said he was prepared to post bail for his five fellow leaders still in detention.

Jaran also vowed to keep his job as a member of the National Human Rights Commission and claimed there was no provision to impeach him.

The protest leaders have cited seven legal issues as grounds for an appellate review of their detention.

First, the Criminal Court ruled to sanction the detention without hearing testimony from the accused, which was in violation of Article 15 of the Criminal Procedural Code and Article 27 of the Civil Procedural Code, they said.

The court rendered judgement after reviewing police arguments and defence rebuttals submitted in writing.

Second, the accused claimed police promised to release them after notification of charges.

Third, the accused agreed to meet police last Thursday to discuss arrest warrants but not to acknowledge charges.

Fourth, the accused asserted they committed no crime as claimed by police and were not flight risks. Therefore, their detention is malicious, they said.

Fifth, the men said charges against them were not for offences that warranted remand in detention.

In their penultimate assertion, they said the court wrongfully sanctioned detention because police had already stipulated that the protests were not illegal.

Lastly, they allege there was no cause to further detain them after police completed booking them.