The Criminal Court yesterday rejected the Department of Special Investigation's (DSI) request for warrants for the arrest of 13 People's Democratic Reform Committee (PDRC) leaders.
The court cited the Civil Court's ruling that the emergency decree cannot be used against PDRC protesters it said were rallying peacefully without weapons.
The warrant request was filed by Pol Maj Yuthana Praedam, a DSI special cases specialist, accusing the 13 protest leaders of violating the emergency decree.
The 13 are Somkiat Pongpaiboon, Somsak Kosaisuk, Chitpas Kridakon, Sakonthi Pattiyakul, Sombat Thamrongthanyawong, Seri Wongmontha, Thanom Onketphol, Luang Pu Buddha Issara or Suvit Thongprasert, Sawit Kaewwan, Komsan Thongsiri, Suchart Srisang, Dr Rawi Matchamadol and Nopporn Muangthaen.
Those not directly involved in the case were not allowed in the courtroom.
Viroj Phumsirisawat, a PDRC lawyer, said the court dismissed the DSI's request on the grounds that the facts surrounding the PDRC protests had changed. He cited the Civil Court's ruling last Wednesday that the emergency decree cannot be enforced against peaceful demonstrators.
Mr Viroj said the Criminal Court is set to rule on the PDRC's request to scrap arrest warrants for PDRC secretary-general Suthep Thaugsuban and 18 other co-leaders on Thursday.
The court issued warrants for the arrest of the PDRC leaders on Feb 5, following a request from the DSI which argues the leaders violated the emergency decree.
The 18 co-leaders are Sathit Wongnongtoey, Chumpol Julsai, Phutthiphong Punnakun, Issara Somchai, Witthaya Kaewparadai, Thaworn Senneam, Natapol Teepsuwan, and Akanat Promphan.
Others are Anchalee Paireerak, Nitithorn Lamlua, Uthai Yodmanee, Samdin Lertbut, Gen Preecha Iamsuphan, Ratchayut Sirayothinpakdi (aka Amorn Amornrattananont), Kittichai Saisa-ard, Samran Rodphet, Sonthiyan Chuenruthainaitham and Phansuwan Na Kaew.
Meanwhile, the Centre for Maintaining Peace and Order (CMPO) has delayed submitting an appeal against the Civil Court's ruling on the enforcement of the emergency decree.
PDRC co-leader Thaworn Senneam has asked the court to lift the decree. The court ruled in favour of maintaining the decree, but issued nine orders barring the CMPO from using it to break up PDRC protesters.
The CMPO vowed to appeal against the ruling yesterday, but Chalayuth Woraraj, a public prosecutor for the CMPO, said authorities needed more time to gather evidence. He said the CMPO would also ask the court to suspend last Wednesday's ruling pending its decision on the appeal.