The Southern Bangkok Criminal Court has ruled that Thanuthat Asawasirimankong, who was shot on May 14, 2010, during the red-shirt violence and died 21 months later, died from cancer-related pneumonia and not as a direct result of his bullet wound.
Protesters burn tyres on Rama IV Road in Bon Kai in an attempt to slow down the progress of the army. (Photo by Jetjaras na Ranong)
The court cited opinions on the treatment provided him, and the autopsy report.
The 53-year-old Bon Kai resident was shot in front of a pawnshop near Siam Commercial Bank, Lumpini branch, around noon on May 14, 2010. He died at Mahesak Hospital on Feb 23, 2012.
Doctors said the cause of death was pneumonia linked to cancer.
The lead lawyer for the plaintiff, Pawinee Thongchumnum, said she was disappointed but not surprised by the court's judgement.
The court did not take into account the testimony of the doctor who treated him at Kluaynamthai Hospital from May 14 to June 4, 2010, and had him transferred to Mahesak Hospital, where he was frequently re-admitted for treatment in the months leading to his death.
The Kluaynamthai doctor had told the court that the pneumonia could have been accelerated by the partial paralysis Thanutat suffered since the shooting, said Ms Pawinee. The court did not even stress that the was shot by the military, she said.
The court instead referred to the opinion of another doctor, that Thanutat's mobility and breathing difficulties had been aggravated since October 2011, when he was admitted to Mahesak Hospital again.
This doctor said Thanuthat's x-rays shown that he had a herniated disc with nerve compression. He operated on Thanthut's neck and he was able to return home.
The court judgement noted that Thanuthat had been diagnosed with cancer of the colon in June 2009, and doctors had found cancerous cells in his liver.
The autopsy doctor also testified that the .223 rifle bullet, a military calibre, which was found lodged below Thanuthat's right scapula, or shoulder blade, had not caused his death.
Even though the bullet was still inside his body, it could not have cost him his life. His death was not a direct result of being shot, but a result of a malfunctioning blood system and heart failure, caused by severe cancer, the court said.
His breathing, the court said, was normal when he was discharged not long after receiving his wound. The later deterioration of his condition could not be attributed to his having been shot.
Mr Pawinee said she would consult Thanuthat's widow and her law team before recommending what to do next.
Thanuthat, a vendor of fried peanuts and fruits in Bon Kai area, was waiting for a bus, along with his family, in front a pawn shop, next to a 7-Eleven convenience store, around noon on May 14, 2010 when he was shot.
The tragedy occurred when the Saraburi-based King's Guard 5th Cavalry Unit began dispersing anti-government demonstrators on the orders of the then-government's centre for restoration of emergency situations.
The whole family heard the sounds of gunfire as the troops moved from the Thai-Belgium Bridge along Rama IV road towards Bon Kai expressway, Thanutat told his wife, son and daughter to take refuge inside the 7-Eleven store, but his wife decided to take the children home instead.
Shortly afterward, as the sounds of shooting intensified and came nearer, Thanuthat also decided to return home, the court heard.
But before he could leave, he was hit by a bullet which damaged his right lung and lodged below his right scapula. He was found unconscious, face down in the street.
The Thanuthat inquest began in September 2012. Other inquests into crackdown-related deaths in the Southern Bangkok Criminal Court and the Ratchada Criminal Court have already been concluded. It was ruled that four deaths were the result of the military operations, while the deaths of Mana Artran at Suan Dusit Zoo and Boonmee Ruemsuk, shot on May 14 in the same area as Thanuthat, were not linked to security forces.