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Published on February 8, 2008

The witnesses, a young man and woman from Chiang Mai, told the NHRC they were scared to give evidence to the police. So it arranged for them to give their account of the drama to Department of Special Investigation (DSI) officers in Bangkok.

The witnesses, whose identities were not revealed, told the DSI Sgt Uthai Dechawiwat had intervened while Carly Reisig was fighting her Thai boyfriend. The officer kicked Reisig, then hit her with his pistol. But she pushed it away, and he shot her in the chest.

He then shot her friend Leo Del Pinto, 24, twice. The pair said del Pinto had his hands in the air and was yelling at the officer to "Stop! Stop!" But they said Sgt Uthai looked drunk.

The witnesses' account is greatly at odds with the police report of the drama in the early hours of January 6. Sgt Uthai has claimed the two tourists attacked him after he confronted them about a fight and that his gun discharged accidentally.

News of the witnesses came out yesterday when Reisig, 24, went to Mae Hong Son Court to testify about the shootings. She was escorted to the court by officers from the DSI.

Sgt Uthai was summonsed to answer charges of murder and attempted murder. He pleaded not guilty to both.

Reisig told the court she was on the ground and had been fighting with her Thai boyfriend Ratthapon. Leo had tried to separate the couple when a man she knew as Sgt Uthai approached.

"He was shouting in Thai and pointing a gun at me. I pushed the gun away then he hit me over the head with the gun and I fell to my knees. As I fell he shot me just below the chest.

"I looked up and saw Leo was shouting 'Stop! Stop!' He had his hands in the air. The policeman fell back over a motorcycle then recovered and he fired twice. After the first time Leo put his hands to his stomach and went down. Then he shot down at Leo as he fell."

The new evidence had been gathered by a special team made up of members of the Human Rights Commission led by former public prosecutor Surasee Kosolnavin and officers of the DSI, under Colonel Piyawate Kingkate.

Andrew Drummond

 Special to The Nation

Mae Hong Son