Chief Yoo Witthaya: a committee of the “Wicha Mahakun” committee proposes to start a new investigation process for the Red Bull heir

Facts and Laws Audit Committee In the case of an order not to prosecute the criminal case that Mr. Worayut Yuwittaya or Boss, beating the police, died in 2012, headed by Mr. Wicha Mahakun, proposed 5 guidelines to the Prime Minister Gen Prayut Chan-o-cha to begin the investigation process. This is new for authenticity. After finding the defect in the case There is a delay and the use of false evidence.

The Prime Minister accepted the proposal. By recognizing that this case is a case that pays the hearts of the people AND this has resulted in a lack of trust in the Thai legal and judicial system and process.

General Prayut said The case lasted eight years, involved a large number of people, including policemen, prosecutors, political lawyers, with 14 repeated complaints.

“It seems strange and complicated what society does not trust here,” commented the Prime Minister.

A spokesman for the Prime Minister’s Office later released a message from the Prime Minister on the results of the investigation, stating that General Prayuth has read the fact-checking report and the law. In the case of ordering not to sue Mr. Worayut and Y promised to expedite the police processing within 30 days.

“I have read all the pages And felt that what I had read It is a very sad thing for Thailand. But what I can and will do is This case will have to go through an urgent process. And the police to prosecute Mr. Worayut in a case that it has not expired within 30 days, “General Prayut said.

This committee was created by General Prayut on August 1, with a preliminary 30-day framework and five subcommittees, made up of legal experts. As the Dean of Thammasat University and Chulalongkorn University Law School Representative of Ramkhamhaeng University Law School Representative of the Attorney General and the Bar Council Secretary General of the State Council Office

The ultimate purpose of the committee is to investigate the facts. In the event that the Attorney General’s Office has ordered not to sue Mr. Worayut in all cases, especially the allegation of negligent driving, causing Pol. Wichian Klunprasert The commander of the repression against the Thonglor police station died during his duties in 2012 , which the police did not object to the Attorney General. Causing the case to end on July 24 last

“Many of you have been honored to join this committee without expecting any return. Because everyone wants to clarify the law. Justice What is the pillar of the nation If we live without the law, it cannot be The country will immediately turn anarchist. It is no longer a democracy. Without these laws it cannot exist. Much damage to the country. Foreign trust is lost, the economy is not stable. Investment is falling, “said Gen Prayuth.

The key content of these 5 proposals is:

1. Initiate a new investigation proposed by this committee, consisting of Charges that do not expire, especially charges for harmful drug use. Charged with driving while intoxicated and causing death AND the charge of negligence causes the death of others

2. There must be disciplinary and criminal proceedings against government officials and others who participate in this movement, such as investigative officers involved in the language of prosecutors who act illegally. And those who intervene in the performance of all functions are the supervisors. Member of the National Legislative Assembly Holder of a political position As well as lawyers who violate the law False witness Identifiers, users and supporters of illegal acts

3. There must be an ethical action, a code of conduct and an ethics on the part of the agency or professional organization concerned with that person seriously and disclosed to the public. To have a role model

4. It is convenient to establish rules for supervisors and persons authorized to supervise. Correct and modify the performance of the attorney’s duties so that it is legal and ethical. If the supervisor neglects it, it is considered a lack of duty.

5. Board of Directors Request for work for another 30 days to recommend improvements to the reform law so that it is clear. Which has been discussed to be truly beneficial, that they should help each other to move forward, so if anyone has any clues or suggestions, they are asked to present them to the Committee.

Due to the limited functioning of the Committee and the presence of a large number of individual witnesses and documentary evidence, the Committee considers it appropriate to propose to the Prime Minister to consider and direct this matter to the relevant bodies such as the National Anti-Corruption Commission (NACC), the Anti-Corruption Commission of the Public Sector (NACC), the Anticorruption Commission (NACC), the Anticorruption Commission (NACC) The Fiscal Board Policy Committee of the National Police Lawyers Council for the exercise of its functions and powers

In addition, the Committee considers it convenient to prosecute those involved in this matter. And presented as a special case under the Special Investigation Act as well

In a press release Mr. Wicha mentioned the details of the investigation results that it was found that there was systematic cooperation of officials in the judicial process. Government officials Political office holders, lawyers, witnesses and individuals In constant intervention in the judicial system From the beginning of the litigation to the present

Such behavior is the use of loopholes. Abuse of authority Influence And creating false evidence To save the accused from prosecution

Use mechanisms to delay the case until the accused is not sanctioned

The committee also found that there was cooperation between the defendants, a team of lawyers, and government officials in using the media to seek justice as a mechanism to delay cases and assist the defendants under the law.

Apparently, there were 14 requests for impartiality to the prosecutor, divided into

– In 2013, 3 times, the first on April 1, 2013, the second on May 17 and the third on September 4.

– In 2014, 4 times on February 24, April 21, June 24 and July 18.

– In the year 2015, quantity 1 time on June 16

– In 2016, 3 times on January 12, May 15 and December 23.

– In the year 2017, quantity 1 time on March 6

– In 2018, import 1 time on February 19

– In 2019, import 1 time on October 7.

From the first to the 13th, the Attorney General or Deputy Attorney General with the power to order each application for equity has ordered the termination of the application for equity after ordering an additional investigation. And conduct an investigation and weigh the evidence carefully.

However, Mr. Wicha said that The Request for Justice was a success in the fourteenth request, based solely on the original evidence that had been considered and was considered suspicious and unreliable in many requests for justice. before Especially the attorney general Including several Deputy Attorneys Have considered this body of evidence AND an order to end the matter several times before

Using false evidence

Part of the investigation summary document states that immediately after the incident, efforts were made to save the accused from prosecution. By Suppression Inspector Thonglor Police Station Has created false evidence by leading Yoo Wittaya family employee to hand over plaintiff to be the driver. Even later that day, the defendant turned himself in to the investigator and returned to the negative section.

Claiming the incident was due to the fault of the deceased AND the defendant drank alcohol recently after the incident.

The commission said the false statement was prompting investigators to charge false and illegal charges against the deceased who died immediately after being beaten as a co-defendant. Although the charge can be made only when the person is alive and the charge has been lifted. This false and unlawful charge is believed to have been due to the planning of the investigator and the suspect’s team of lawyers. Accusing the deceased of negligence in order to make the case beneficial to help the defendant be acquitted.

In addition, false evidence of the speed of the vehicle was identified at the time of the accident.

For the results of considering reforms and amendments to the relevant laws This committee proposed 4 additional guidelines as follows:

1. Amend the regulations of the Attorney General’s Office on the prosecution of prosecutors in relation to complaints of impartiality by requiring:

– Request for equity The victim or the accused must come to sing alone.

– Equity requests must include all causes and evidence.

– More than one application for equity is only possible with new evidence.

2. Modification of the Regulation of the Prosecutor’s Office on Delegation of Powers, which requires that:

– Authorization for the Deputy Attorney General to consider The Deputy Attorney General must have considering fairness and the prosecution or not to sue are different people.

– Or the responsible Deputy Attorney General will order the dismissal or order justice The Director General, Prosecutor or Deputy Attorney General with the authority must inform the Attorney General in all cases.

3. The delegation of the Royal Thai Police Commissioner shall be governed by Article 34 of the Royal Thai Police Law. In the case of not ordering the accusation according to the opinion of the prosecutor, always inform the Commissioner of the Royal Thai Police.

4. Modification of the Penal Code on the prescription of Being in the same way as the Organic Law of Criminal Procedure for Persons in Political Office BE2560 in the case of defendants who flee during the criminal process. Prosecute without the accused And to count the period of time the defendant or defendant escaped Included as part of age