EDITORIAL: By BANGKOK POST- Don’t drop ‘Billy’ murder charges

The Department of Special Investigation decided late last year to press six charges against Mr Chaiwat including premeditated murder and concealing the body of Karen activist Porlajee “Billy” Rakchongcharoen who disappeared in 2014. Other charges levelled against him were unlawful detention, physical assault, robbery, concealment of the body and malfeasance. Also facing charges are Boontaen Bussarakham, Thanaseth Chaemthes and Krissanapong Jitthes.

Before the DSI stepped in last year, the police had dropped the case due to a “lack of evidence”.

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During its investigation, the DSI found compelling evidence of a crime including skull fragments that were later proved, through DNA, to belong to the missing activist who, at the time of his disappearance, was posing a challenge to the former park chief over his brutal eviction of a Karen community from their ancestral land.

The DSI team also retrieved an oil drum which was believed to have been used by the culprits to destroy the activist’s body.

Yet for the prosecutors, this evidence is not sufficient. There are reports they have recommended the state drop the most serious charges against the suspects in favour of the much lighter charge of negligence of duty for “failing to hand the activist over to police after finding him with wild honey”.

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When they meet the DSI tomorrow, it is speculated they will claim they lack eye-witnesses and that even the new evidence is circumstantial and not strong enough.

They are expected to argue that there is no clear evidence that Billy is dead, despite the matching skull fragments, as his body was never found. However, it should be apparent that “direct evidence” would have been almost impossible to find given the fact that the spot where the alleged murder took place, deep inside the park, which was under the culprits’ jurisdiction.

At that time, the government was in the process of proposing Kaeng Krachan National Park as a world heritage site and the Billy case was one of the reasons that the nomination was put on hold as the government could not explain to the world what had happened to the Karen activist.

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It is hoped that the DSI which has gained credit for its attempts to bring the culprits to justice will not give up on such a tough case.

At the same time, the prosecutors should be aware that their decision has failed the public. By ruling out the circumstantial evidence, they have unfortunately missed a chance to show the world that Thailand’s justice system is fair enough and on par with international standards.

With the prosecutors at odds with the DSI, the case is likely to drag on further. It’s certain that Billy’s widow will pursue the matter and press charges against Mr Chaiwat and his team with the Criminal Court.

Surapong Kongchantuk, a human rights advocate and legal adviser to Billy’s widow, has insisted circumstantial evidence can be called upon in cases where the culprits have destroyed all other direct evidence such as the victim’s body. Another fact that was shamefully dismissed was that Billy did not have any enemies, except the park team under Mr Chaiwat.

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Convictions arising from circumstantial evidence are not unprecedented. One famous case involved a renown gynaecologist who in 2001 killed his wife and dismembered her body to hide the crime.

Police and prosecutors refused to give weight to circumstantial evidence and allowed the doctor to go free until the wife’s family pushed the case in court which, in a slap to the face to the prosecutors, accepted the complaint. As the court process went on, the doctor confessed to the crime and was ultimately sentenced to life imprisonment.

Mr Surapong is right to caution that the Billy case has gained global attention and any decision by the prosecutor — and later the criminal court — will affect the image of the country’s justice system, if not the country as a whole.

What is of utmost necessity is proof that they do not condone a culture of impunity.

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By dismissing circumstantial evidence in the Billy case, it’s clear that the prosecutors have failed to learn from their past mistake.