The withdrawal of some complaints against a major suspect in the iCon Group fraud will not disrupt legal proceedings, said Pol Maj Woranan Srilam, spokesman of the Department of Special Investigation (DSI).
His comment came after several damaged parties withdrew their complaints in one of the country's most high-profile fraud cases.
The case, which the DSI has presented to the attorney-general, will proceed despite the withdrawals since the charges filed pertain to public fraud, not personal fraud, he said.
Pol Maj Woranan, director of the DSI's Financial Business Fraud Division, said some of the The iCon Group product distributors have decided to drop complaints against Warathaphon "Paul" Waratyaworrakul, CEO and founder of The iCon Group, saying they misunderstood the alleged fraud.
In response, Pol Maj Woranan said there are two main types of criminal cases.
The first is compoundable offences, consisting of personal offences, such as embezzlement or ordinary fraud. If a complainant withdraws their complaint, the criminal case ends.
However, with non-compoundable offences, which include theft, robbery, murder and pyramid schemes, legal proceedings in these cases continue unaffected, even if the complaints are withdrawn.
"It doesn't change a thing regarding the legal process," said Pol Maj Woranan.
Providing statements to investigators constitutes voluntary testimony under the law, he added. Any change to or retraction of such statements must come with a clear explanation as to the reasons, which must also be presented to the prosecutor.
He warned that giving false testimony is punishable under Section 172 of the Criminal Procedure Code.
Pol Maj Woranan added that if the complainants decline to pursue legal action, the law does not object. However, their original testimony remains evidence in the case.
If complainants insist on withdrawing their complaints, their right to seek asset recovery may also be forfeited.
Pol Maj Woranan said the request to withdraw complaints by iCon Group distributors does not affect the chances of the 18 defendants and one legal entity, which is the company, being indicted in the case. The prosecutor is expected to decide whether to indict the suspects by Jan 8–9, which is still within their remand period.
The report that the DSI submitted to the prosecutor on Monday recommends prosecuting the 18 individuals and the company for public fraud, computer crime, fraudulent borrowing through a pyramid scheme and breaching the Direct Sales and Marketing Act.
