Nang Lerng police yesterday recommended trying a Chulalongkorn University lecturer and a red-shirt journalist on charges related to the violations of emergency rule.
In their report submitted for prosecution review, police said history lecturer Suthachai Yimprasert and journalist Somyos Prueksakasemsuk had violated the state of emergency by leading a public assembly of more than five people "with the aim to incite disturbances".
The incident happened on May 21 at the office of the Ban Lek Thi 111 Foundation, set up by 111 banned Thai Rak Thai Party executives. The two suspects are accused of trying to rally people to act in defiance of the authorities in the face of the violent end of the red-shirt rally, which took place on May 19.
Public prosecutors are expected to decide whether to indict and try the two on October 28.
Reacting to the police report, Suthachai said he was surprised at being targeted for prosecution.
He said he did not try to incite any disturbance nor violated the emergency ban on public assembly. What happened was he held a press conference to criticise the government for cracking down on what he viewed as a lawful protest.
"When the press conference was in progress, some people gathered to listen to my remarks without my solicitation," he said.
Afterward the security forces detained him for eight days at a military camp in Saraburi without any charges, he said, adding he was notified after his release that he was under police investigation.
Somyos said he petitioned the National Human Rights Commission requesting its intervention to initiate a judicial review of the government's mandate to declare the state of emergency.
"I believe the enforcement of emergency rule did not comply with constitutional provisions because the government used the security measures as a tool to suppress its opponents," he said.
He called on the red shirts to dress in black next Thursday to mark the second anniversary of their campaign against "double standards".
Defence lawyer Krisadang Nutcharas said that on behalf of both clients, he filed defence arguments opposing the police re-enactment of the incident.
Suthachai and Somyos were talking to a couple of people in the press conference, which was not a public assembly as alleged by police, Krisadang said.
He voiced suspicion that police drew a hasty conclusion on the two because the powers that be wanted to retaliate against Suthachai. who had filed a criminal suit against the prime minister and key figures linked to the Centre for the Resolution of the Emergency Situation.
Suthachai contends the government abused its power in declaring the state of emergency. The Criminal Court is scheduled on Monday to rule whether the case merits a judicial review.