The Appeal Court on Tuesday upheld the acquittal of ex-police inspector-general Somkid Boonthanom and four other police officers accused of kidnapping and murdering a Saudi businessman who went missing in Bangkok in February 1990.
In its decision read at the Criminal Court, the Appeal Court dismissed charges of abduction, murder and illegal detention against Pol Lt Gen Somkid, Pol Col Sorarak Jusanit, Pol Col Praphas Piyamongkol, Pol Lt Col Suradej Udomdee and Pol Sgt Maj Prasong Thongrung.
The five officers were accused of kidnapping and murdering Saudi businessman Mohamed al-Ruwaili who went missing in Bangkok on Feb 12, 1990, and is presumed to have been killed.
The Appeal Court confirmed the ruling given on March 2014 by the Criminal Court that there was insufficient evidence to prove the five defendants had committed the crime.
It rejected to hear the statement by Pol Lt Col Suvichai Kaewpluek, a prosecution witness, saying it was not new and the policeman's statement was also hearsay. The court said a ring which reportedly belonged to the businessman could not be verified by his family.
Investigators had gotten the gold ring from Pol Lt Col Suvichai who said he found it in a tank in Chon Buri where Mr Ruwali had been burned and claimed it belonged to the victim.
The Appeal Court also threw out a petition by Mr Ruwaili's mother asking to be a co-plaintiff, saying there was no evidence to prove that Mr Ruwaili was deceased. Moreover, the Civil Court dismissed a petition asking it to declare Mr Ruwaili a missing person and the ruling was upheld by the Appeal Court.
In the initial acquittal, the Criminal Court had also cited a lack of evidence by the prosecution to prove the defendants had committed the crime. The prosecution had failed to bring their key witness, Pol Lt Col Suvichai, and was forced to rely on a witness statement.
Anek Khamchoom, a lawyer representing Mr Ruwaili's mother, said yesterday he expects to appeal the ruling with the Supreme Court after carefully studying the Appeal Court's decision.
He said the Appeal Court ruling focused on two points — the evidence was not new and Mr Ruwaili's mother was not authorised to be a co-plaintiff.
Pol Lt Gen Somkid, meanwhile, hailed the acquittal, saying it was proof of his track record as a police officer.
He said he has been fighting the charges for seven years and his career has been at a standstill since.
According to Pol Lt Gen Somkid, false evidence had been used to prosecute him and he already filed a lawsuit against former chief of Department of Special Investigation Tarit Pengdith and a group of DSI investigators and prosecutors.
However, that case has been suspended until the current case is finalised.
The reading of the ruling was attended by representatives of the Saudi embassy.