Jomsap feels heat after retrial bid comes unstuck

Jomsap feels heat after retrial bid comes unstuck

The pickup truck formerly owned by Jomsap Saenmuangkhot which was involved in a hit-and-run killing in 2005. Wichan Charoenkiatpakul
The pickup truck formerly owned by Jomsap Saenmuangkhot which was involved in a hit-and-run killing in 2005. Wichan Charoenkiatpakul

5The case of former teacher Jomsap Saenmuangkhot, who tried to prove she was wrongfully jailed in a 2005 hit-and-run case, ended with a twist last month when the Supreme Court dismissed her petition seeking a retrial.

In the weeks following the court's decision, Ms Jomsap, 55, was transformed from victim of a miscarriage of justice into a suspect in a criminal network that allegedly paid people to serve jail sentences.

Her attempt to seek a retrial after being found guilty of recklessly driving a pickup truck that struck and killed the elderly Lua Pobamrung, in Nakhon Phanom's Renu Nakhon district in March 2005, attracted wide attention. It was the first case since the 1983 Retrial of Criminal Case Act in which the Justice Ministry sought a retrial.

Pol Col Dusadee Arayawuth, deputy permanent secretary for justice, and the Department of Special Investigation (DSI), were involved in the retrial bid. Among her witnesses were Thassanee Hanphayak, a motorcycle driver, and Thongres Wongsricha, who was said to be riding pillion on Thassanee's bike, who claimed the driver involved in the hit-and-run was a man.

Ms Jomsap's insistence of her innocence carried more weight after Sap Wapee came out and said he himself drove the vehicle that fatally hit the bicycle being ridden by Lua.

Based on these accounts, people started to believe that Ms Jomsap had been a scapegoat and was right to seek justice.

However, Mr Sap failed to show up in February for the initial hearing regarding the petition for a retrial, which fuelled doubts as to what really happened in the case.

On Nov 17, the Supreme Court dismissed the retrial bid, saying there was no new evidence and Ms Jomsap's witnesses had given conflicting accounts. The court indicated that a network had been hired to falsify statements to clear Ms Jomsap's name.

Following the court's ruling, police pressed charges against 11 people including Ms Jomsap, Mr Sap, Ms Thassanee and Ms Thongres.

Ms Jomsap's credibility was further undermined after Mr Sap allegedly admitted to police he was hired by Ms Jomsap's friend Suriya Nualcharoen, who was also charged for allegedly fabricating statements.

Police were also investigating the Justice Ministry officials involved in the retrial bid including 14 DSI officials.

Ms Jomsap is charged with hiring false witnesses. Pratuan Kajonvuthinun

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