Making the case for the prosecution

       Public prosecutors who are under the Office of the Attorney-General (OAG) play a very important role in the Thai judicial system, but not many people know much about their powers and responsibilities. The Public Prosecution Department (PPD) was established on April 1, 1893, as part of the Ministry of Justice. In 1991, the PPD was changed to the OAG and made responsible to the prime minister. The change in name reflects the broad duties of the office,which are not restricted to criminal prosecution.
       The 2007 constitution provided that the OAG become an independent organisation.To guarantee its independence, especially in case handling, the OAG was separated from the executive branch and now reports directly to Parliament.
       Kayasit Pitsawongprakan, director-general of the OAG's northern Bangkok Criminal Litigation Department, is a man with a very big responsibility, with more than 100 prosecutors and other personnel under his supervision.At any one time he has ultimate responsibility for the proper prosecution of hundreds of cases - some very important and often with political ramifications.
       Mr Kayasit joined the government service 37 years ago and has since held a number of important positions, mostly in the field of litigation. Despite the workload, he enjoys his job and looks forward to two more years in public service before his retirement.
       In an exclusive interview for Spectrum Mr Kayasit was more than happy to answer questions on a number of subjects - some regarded as sensitive - as put to him by Maxmilian Wechsler .What is the role of a public prosecutor in Thailand?We are the lawyers for the state, charged with protecting and helping the people. The role of the public prosecutor is not only to litigate criminal cases, but also to uphold the rights of the people.What is your responsibility?I have responsibility over the northern Bangkok area. Like the police, the Office of Criminal Litigation divides Bangkok into three areas - northern, southern and Thonburi - each with its own director-general. All prosecutors in Thailand are under the Office of the Attorney-General.What falls under your jurisdiction?I am covering criminal cases sent to us by the Metropolitan Police, the Crime Suppression Division and the Crime Against Children,Juveniles and Women Suppression Division.We are also in contact with the Special Branch and other police agencies. We don't handle drugs-related cases. These are under the responsibility of the Department of Narcotics Litigation, which covers all three Bangkok areas.What are the powers of the prosecutor?Basically, after the police complete their investigation, they send the case to the prosecutor, who will process and forward it to the court. We will look at the case and issue a prosecution order or direct the police to do some additional investigating or to examine a witness if we think that more evidence is needed.
       We can also issue a non-prosecution order if the evidence is not sufficient to prosecute and more can't be obtained.
       Furthermore, we can also summon police offices or witnesses to obtain more information. If the police cannot arrest a defendant,for whatever reason, and they have strong reason to believe he/she committed a crime,we can order them to make the arrest.
       The public prosecutor in Thailand cannot arrest anyone. This is the duty of the police.We don't have our own investigation team attached to our office either.Can you summon anyone to be your witness?We can summon only witnesses whom the police have already interviewed; we cannot approach those outside the police investigation.How powerful is the state prosecutor in Thailand?In comparison to the US, the prosecutors are more powerful there. Among other powers,they can investigate a case right from the beginning. For example, if a murder is reported,they can access the crime scene and begin an investigation right away. We can't do that here.How many cases did you prosecute in 2008?The Department of Criminal Litigation handled 16,605 cases.How many of the cases involved foreigners?Not more than 10%. Are the number of cases you are receiving from the police to prosecute going up or down this year?It is going up because the crime rate is increasing.What are the most common crimes you prosecute?In general, cases of larceny make up the biggest group, followed by assault and sexually related offences like rape and crimes against minors such as child abuse. We are also handling political cases. From what I have heard from my colleagues in the provinces, larceny is the most common crime there as well.What cases are the most difficult to prosecute?Forgeries of documents, including passports.They are difficult to prosecute because we don't have enough facilities to determine whether a document is real, counterfeit or altered.
       We have a police scientific department to do the job, but the quality of the equipment is not so good. Also, it is sometimes difficult to get evidence from nationals and officials of other countries.What is your relationship with the police?Our co-operation with Royal Thai Police is excellent. No complaints there.What has been your biggest case so far?There are many to choose from. However,one of the most important involves an attack against the property of the president of the Privy Council, General Prem Tinsulanonda,that occurred in July 2007. The Office of the Attorney-General has decided to prosecute this case, which involves 15 defendants from the United Front for Democracy against Dictatorship (UDD). We are waiting for them to report themselves to the police.
       Another big case is the incident where members of the People's Alliance for Democracy (PAD) entered the premises of the National Broadcasting Service of Thailand in August 2008. We will prosecute this case as well.According to media reports there has been an increase of lese majeste cases from previous years.Can you comment on this?
       Yes, there has been an increase in this type of offence, partly because of the progress in technology, as it is now very easy to post messages on the internet or to send an email.Do you think that the increase might also be caused by politicians eager to settle a score, using the lese majesty law as their political tool?I don't think so. Lese majeste is usually committed on a website, in an email or during a speech.Do you have the authority to close a website?No, we don't. This is the responsibility of the Information and Technology Department.What is acceptable to you as evidence when someone allegedly makes remarks that constitute lese majeste during a speech?The evidence is usually a tape recording or CD and will be given to us by the police.It is believed among the Thai public and foreigners that every lese majeste accusation has to be prosecuted and sent to the court. Is this correct? This is incorrect. We don't have to accept every case and we can also reject it if the evidence is not sufficient. This has happened on several occasions.
       A lese majeste case will not go automatically to the court. It is not fair that an individual has to go to jail just because they are accused of lese majeste. We have to look at the evidence.How many lese majeste cases are you handling now?The police have forwarded to us about 20 cases, all involving Thai nationals.What about the case involving the whole board of the Foreign Correspondents Club of Thailand (FCCT),who were accused of lese majeste recently?This case is still under investigation by the police and has not been sent to us yet.What is going on with the case against former Prime Minister's Office minister Jakrapob Penkair,who allegedly made a lese majeste remark during a speech at the FCCT in August 2007?This case is with us but we have not yet forwarded it to the court. He was due to see us on September 4, but his lawyer said that Mr Jakrapop couldn't make it as he was engaged in an important mission abroad. He should show up by October 7. This is his last chance. If not, a warrant will be issued for his arrest.Is it your own decision which lese majeste cases should be sent to the court?Every case, whatever the offence, is considered for prosecution not only by myself but by a committee set up by our department. We will look very carefully at the evidence.Have the police forwarded you reports on the cases involving the occupation of Don Mueang and Suvarnabhumi airports by the PAD in 2008, and the attempted assassination of PAD co-leader Sondhi Limthongkul this year?Not yet. Those cases are still under investigation by the police.Why has it taken so long to send the reports?I can't say exactly, but the cases involve so many issues concerning the evidence. It is a time-consuming affair. The police must question many witnesses, for example. Therefore,the police have to be very careful about how they handle everything.Are you handling cases involving the murders of the Saudi Arabian nationals committed here during 1989?Some of these cases are under our jurisdiction,and some defendants have been sent before the court. In some of the cases we issued a non-prosecution order. But as far as I know,the government has decided to re-investigate the cases now handled by the Department of Special Investigations (DSI). Any prosecutions will be handled by the Department of Special Litigations.Is there any problem with corruption in your department?Not at all. Our personnel are well educated and carefully chosen to work as prosecutors.However, I must admit that there was one isolated case, but we dismissed that particular individual immediately.Are you aware of cases where an attempt was made by people with power to influence your staff in some way?We are not influenced by politicians, police or military people. We try to help and to protect the people and the victims.Can a member of the public lodge a complaint with you, for instance, when they can't get help from the police?No, we don't provide such a service.Is there any time limitation for the police on submitting a case to you?The criminal procedure under the law is that if the alleged offender is released on bail, the police have 180 days to submit the case to us.If the person is - for whatever reason - not bailed out, it depends on the type of case. If it is a serious offence - with a possible imprisonment of more than 10 years - the case must be submitted to us within 84 days. However, if the maximum sentence is under 10 years the police must submit the case within 48 days.What will happen if the police do not submit the case to you within those time periods?If the alleged offender is not out on bail the court must release him/her, but it doesn't mean the case is automatically cancelled. It means only that the police don't have authority to keep the alleged offender in custody.In the cases of Don Mueang and Suvarnabhumi airports, the police have been investigating for more than 180 days?In these cases, we haven't started counting the days because the police haven't yet arrested anyone. Whenever they arrest someone then we will start counting. Theoretically the police can investigate a case for a very long time if they don't arrest anyone. The statue of limitations is up to 20 years before a case is dismissed. This, however, applies only to serious offences such as murder.What more powers would you like to have?We would like to have additional powers similar to the ones that the public prosecutor (district attorney) has in the US. For example,being involved in a case right from the beginning. I am talking only about important cases.
       Then we wouldn't have to wait until the police submit their report to us. Right now the police are doing everything.
       If, for example, we could have looked into the Don Mueang and Suvarnabhumi airports cases and attempted assassination of Mr Sondhi right from the beginning, maybe there would have been more progress.