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Relatives of people who died in the 2004 Tak Bai crackdown will petition against a Songkhla court ruling which cleared security forces of any wrongdoing in their handling of those held in custody.

They will lodge their petition with the Criminal Court on Ratchadaphisek Road in Bangkok today.

The body of Sgt Maj 1st Class Pongsathorn Nilapai, 47,who was killed during a raid by security forces on a suspected insurgent hideout on Saturday in Yala's Bannang Sata district, is transported by helicopter for funeral rites in his home province of Chumphon. Fellow officer Pol Sgt Maj Rangsan Kalong, 40, was also killed in the clash along with a suspected insurgent. MUHAMMADAYUB PATHAN

Yaena Salaemae, who represents the victims' relatives, said villagers were unhappy with the Songkhla court ruling and decided to lodge a petition to contest the court decision.

If the Criminal Court agrees with the victims' relatives that members of the security forces should be held responsible, the prosecution could decide to recommend court action against those involved.

"Villagers respect the court decision but at the same time we feel unhappy and disappointed," she said. "Not all victims died of suffocation [while being transported in cramped conditions to an army camp]. Many were beaten and shot."

Mrs Yaena said villagers had testified before the court several times and were disappointed that the court ruled in favour of the authorities.

Rassada Manurassada, a lawyer provided by the Lawyers Council of Thailand to represent the relatives of the victims, said accounts from witnesses and evidence including video footage indicated that officials were to blame for the deaths of the 78 protesters who had been piled into the trucks and were later found dead.

"Petitioning to contest the court decision is not in contempt of court," Mr Rassada said.

The Songkhla Provincial Court late last month cleared security officials of misconduct and determined the victims had died from suffocation. The court ruled that members of the military were just carrying out their duty and could not be blamed for what had happened.

Human rights and justice advocacy groups have presented open letters to the Supreme Court president, the prime minister, the House speaker and the Senate speaker to demand justice over the court ruling.

Somchai Homlaor, president of the Campaign for Human Rights, backed plans by the Tak Bai victims' relatives to contest the court ruling.

On Oct 25, 2004, soldiers cracked down on thousands of demonstrators rallying outside the Tak Bai police station. The crowd gathered to demand the release of six village defence volunteers who they said had been unfairly detained.

Seven people were killed during the crackdown, in which police used tear gas, water cannons and batons.

Another 1,292 people were arrested and loaded on to army trucks. They were piled one on top of each other with their wrists shackled as the trucks took them to the Ingkayuthaborihaan army camp in Pattani. Seventy-eight died of suffocation en route.

In another development, the head of a village in Yala province was shot dead by two gunmen yesterday. Mayuso A-dae, 45, was shot as he rode his motorcycle home from a tea house, police said.

A female teacher found dead in Narathiwat's Rangae district earlier in the day was probably the victim of an accident. The body of Suni Kaewkongtham, 38, was found beside her motorcycle, and an injured cow nearby.

Suni, a mother of two, was riding to meet her husband at a grocery in the district. Police believe she hit the cow and died from her injuries.

They initially suspected she was the victim of an insurgent attack, as she had lost her father and a younger brother in an attack in 2007.

Witnesses also claimed she was shot in a drive-by killing. But police discounted that theory after forensic results showed she had hit a solid object.