NACC accuses Patcharawat of malfeasance

Gen Patcharawat

The NACC's resolution will pave the way for criminal and disciplinary proceedings against the suspects within 30 days.

Prime Minister Abhisit Vejjajiva yesterday said a caretaker national police chief would be named if General Patcharawat could not perform his duties for the rest of this month.

Besides General Patcharawat, the NACC resolved that former Prime Minister Somchai Wongsawat and his deputy PM, Chavalit Yongchaiyudh, were also named as malfeasance suspects in the botched anti-riot operation.

General Patcharawat's aide, Lt-General Suchart Muenkaew, who was the officer in charge of crowd control at the time, in his capacity as commissioner of the Metropolitan Police Bureau, was is the other suspect.

The four will stand trial in the Supreme Court. Patcharawat and Suchart will face internal police proceedings for serious disciplinary violations in addition to the judicial review.

With the NACC's ruling on a disciplinary offence as prescribed for Patcharawat, his dismissal will likely be enforced retroactively, as Patcharawat is due to retire at the end of this month.

It remains to be seen whether the Police Board, chaired by Prime Minister Abhisit, will grant leniency and thus allow him to keep his pension.

Disciplinary proceedings for Suchart will be handled by the Police Commission, chaired by Deputy Prime Minister Suthep Thaugsuban.

The NACC found cause to suspect the guilt of the four because they deliberately neglected to intervene and halt the botched operation even after casualty numbers soared, said NACC member Wicha Mahakhun.

"Somchai and Chavalit were responsible for ordering police to disperse the crowds while Patcharawat and Suchart failed to halt the botched operation after high casualties became evident early in the morning," Wicha said.

The other five officers involved in the botched operation were not indicted, because they merely carried out orders issued by their superiors, he said.

Under the anti-graft law, public prosecutors are obligated to complete the prosecution review in a month. The deadline can be extended if deemed necessary to collect additional evidence.

Somchai's lawyer, Wattana Tiankul, said his client authorised him to file an administrative lawsuit disputing the NACC proceedings.

Somchai petitioned the NACC to seek additional information on the October 7 crackdown from the National Information Committee. He had earlier sought and received the committee's permission to grant access to the NACC to examine classified documents, scheduled for today.

The NACC ignored the petition and proceeded to rule on the case, Wattana said.