The driver of a Mercedes-Benz involved in a high-speed crash on Sunday in Ayutthaya that killed two post-graduate students will likely be spared a drink-driving charge, as questions arise about the handling of the investigation.
Janepob Veeraporn, 37, the driver of the Mercedes with Sor Ngor 3333 licence plates, was apparently not tested for drugs and alcohol immediately after the crash, which was recorded by another vehicle's dash-cam, and this could see him charged with a lesser offence.
Deputy national police chief Pongsapat Pongcharoen, who was assigned by the national police chief to monitor the progress of the investigation, said on Friday that Mr Janepob will be charged with obstruction of justice for refusing to undergo an alcohol and drug test.
A charge of recklessness causing death is subject to a maximum jail term of 10 years but does not come with a minimum prison sentence, meaning an offender can walk away doing just community service.
A charge of drink-driving causing death, however, calls for a jail term of between three and 10 years.
According to Pol Gen Pongsapat, investigators asked the hospital to take a blood sample from the suspect for an alcohol and drug test, but the suspect refused because he was about to be transferred to another hospital in Bangkok.
Provincial Police Region 1 has replaced the investigation team and also transferred Pol Col Pongpat Suksawat, superintendent of Phra-in Racha police station, and Pol Lt Col Somsak Polpankhang, who was in charge of the case, to the operations centre at the bureau for 15 days.
The move is seen as an attempt to head off growing public criticism about the police handling of the case.
Pol Gen Pongsapat's comments followed a visit to Bang Pa-In Hospital where he spoke with medical staff who were on duty when the suspect was brought in.
"The alleged offence [drink-driving] carries a minimum jail sentence of three years, so he must comply with the police order. I'll ask investigators to gather evidence and charge him with obstructing police," he said.
Pol Col Surin Thubpanbuppha, head of the newly-appointed investigation team, said Mr Janepob has been charged with reckless driving causing deaths.
Other charges to be brought against him depend on the evidence, which the investigators are working to gather, he said.
The crash took place on Sunday when Mr Janepob's luxury car crashed into the rear of a hatchback carrying Kritsana Thaworn and Thanthaphat Horsaengchai on Phahon Yothin Road at Bang Pa-in interchange in Bang Pa-in district.
The victims were studying master's degrees at Mahachulalongkornrajavidyalaya University's Faculty of Buddhism in Ayutthaya and died after their vehicle was engulfed in flames after it was hit by the Mercedes.
Mr Janepob sustained a knee injury and was sent to Bang Pa-In Hospital where he reportedly refused to give a blood sample. He later requested a transfer to Samitivej Sukhumvit Hospital in Bangkok.
Police on Friday took Mr Janepob to Ayutthaya Provincial Court to begin 12 days of detention. But his lawyer filed a request for bail on the grounds that his client needs to receive further hospital treatment. The court granted 200,000-baht bail and revoked his driving licence.
Camera footage has been circulating on social media and shows the suspect's Mercedes-Benz smash through an expressway tollgate near Rama IV plaza about an hour before he rammed into the victims' car.
The footage shows a black car shooting through the automatic tollgate without waiting for the barrier to lift up. The toll booth operator recorded the licence plate number of the vehicle, which matched the plate on the Mercedes-Benz.
The suspect then allegedly hit a motorcycle in front of Panya housing estate, injuring the motorcyclist and his girlfriend. The victims have lodged a complaint with Khlong Tan police station.
YouTube channel Thai Fact has been urging viewers to share the clip to bring about justice for the two victims. Web users also shared a hit-and-run clip from April 2012 involving a BMW vehicle which had the same licence plate.
Pol Col Surin, also deputy commander of Ayutthaya police, said an amendment to the traffic law allows investigators to check motorists' blood alcohol level.
Under the new law which came into effect on Dec 31 last year, motorists face prosecution if they refuse to take a breathalyser test.
He said police can bring an additional charge against Mr Janepob under the law, adding that a probe into whether he was drink-driving will be separate from the reckless driving case against him.
The amended traffic law says a driver who refuses to cooperate with police officers will be assumed to be drunk and can be arrested if they refuse a breathalyser test.
The penalty for refusing to take the test is a jail term of up to one year and a fine from 10,000 baht to 20,000 baht, or both.
He said police are also waiting for the results of an examination of prescription drugs found in the suspect's car.
The label on the medicine bag showed it contained Lexapro, a drug used to treat anxiety and depression. Drowsiness is one of the side effects of the drug.
Pol Maj Gen Songpol Wattanachai, deputy police spokesman, said the new investigation team headed by Pol Col Surin will also identify if there were flaws in the initial investigation procedure and make sure evidence gathering is complete.
He also insisted the suspect can be charged under the traffic law if he refused to undergo an alcohol test.
