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Bangkok Post
Bangkok Post
National
PATTANAPONG SRIPPIENCHAI & KING-OUA LAOHONG

7 face charges in Jomsap retrial bid

Jomsap Saenmuangkhot got flowers in February when she began appealing her hit-and-run conviction. Now, she seems on the edge of facing charges of giving false statements. (Bangkok Post/Post Today file photo)

Nakhon Phanom police have brought charges against seven people for their role in procuring false witnesses to seek a retrial of the 2013 case that convicted former teacher Jomsap Saenmuangkhot over a hit-and-run death in 2005.

Ms Jomsap, now 55, was found guilty of recklessly driving a pickup truck that struck a bicycle, killing the elderly Lua Pobamrung, in Nakhon Phanom's Renu Nakhon district in March 2005. She was sentenced to three years and two months in prison by the Supreme Court in 2013.

Following a royal pardon in April 2015, she pursued a wrongful conviction case with the support of the Justice Ministry. The Supreme Court last Friday, however, dismissed a petition for a retrial, citing a lack of credible evidence. The court also took issue with a network it said "hired scapegoats" to form part of this petition for the retrial.

Pol Maj Gen Suwichan Yankittikul, Nakhon Phanom provincial police commissioner, said a panel was formed to investigate and bring charges against a group of people believed to have been involved in arranging the false culprits.

The suspects are Suriya Nualcharoen, a 54-year-old teacher and Ms Jamsap's friend; Sap Wapee, 61, who earlier told police he was the actual driver in the hit-and-run case; Mr Sap's 59-year-old wife Jan; Mr Sap's relatives, Boonthuang Wapee, 63, Lert Wapee, 66, and Run Thonkaew, 60; as well as Thassanee Harnphayak, 61, who told police and the court that she saw a man get out of the pickup and look at the cyclist before he drove away.

They face charges of giving false statements to officers, an offence which carries a jail term of up to three years or a fine of up to 60,000 baht, or both, according to Pol Maj Gen Suwichan.

Police are set to issue summonses, followed by arrest warrants if the suspects fail to show up, he said.

As well as identifying these seven suspects, police are also launching new investigation to find out whether Ms Jomsap was involved with any of the activities related to the chicanery behind this request for a retrial.

According to Pol Maj Gen Suwichan, Mr Suriya is believed to be the leader of the network. Evidence from a police source suggested Mr Suriya had played a key role in creating false witnesses while Ms Jomsap was still in jail in 2013.

According to the source, Mr Suriya had contacted Pol Lt Col Jitt Sriyoha Mukdathanpong, a former senator for Mukdahan, on Nov 30, 2013, asking him to help the teacher. But Pol Lt Col Jitt Sriyoha rejected his request, saying the Supreme Court had given its verdict already.

The former senator later testified against Ms Jomsap's petition seeking the retrial.

According to the source, police doubted Mr Suriya's evidence as he identified two different suspects at different times during the investigation.

On Dec 25, 2013, Mr Suriya told police that Sert Rupsa-art was the actual driver, while in May of 19, 2014, Mr Suriya said Mr Sap was the real culprit.

Concerns have been raised about the Justice Ministry's role in helping Ms Jomsap seek a retrial of the case.

The ministry had brought Mr Sap and Mr Suriya to undergo lie detector tests and both failed the tests, according to Dusadee Arayawuth, permanent secretary of the justice ministry.

Ms Jomsap also underwent the test, but the detector could not read the result as her fingers did not produce sweat.

However, he noted the latest forensic test run by the ministry surprisingly found the body of the pickup truck said to have been involved in accident has never been repaired and nor does it show any signs that it might have hit anyone.

The ministry will review its role in giving assistance to those who claim they have been made scapegoats, said Mr Dusadee.

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