Southern Bangkok Criminal Court acquitted two red-shirt protesters yesterday charged with committing arson that led to a death, after citing the benefit of doubt.
The court was not convinced by testimonies provided by security guards and employees of the CentralWorld shopping complex who acted as witnesses for the prosecution.
But the court found that the defendants Saichon Paebua, 31, and Pinit Channarong, 29, violated the state of emergency law in effect at the time of the 2010 protest.
The two men were accused of taking part in an arson attack on the CentralWorld complex on May 19, 2010, the day that red-shirt leaders called an end to an anti-government rally that began in mid-March that year.
A man died of suffocation due to the fumes, and the damage caused to the shopping complex and goods was estimated at Bt8.8 billion, according to the lawsuit filed by public prosecutors in September 2010.
The main protest was located at Ratchaprasong intersection in front of the shopping complex. Aside from CentralWorld, many other buildings in the area were set ablaze on that day.
A security guard, who was a prosecution witness, told the court he took photos of Saichon inside the shopping complex on the afternoon of May 19, 2010. The guard positively identified the man twice after his arrest.
The court said yesterday despite the photos, there was no evidence to prove that Saichon took part in the arson attack, as at that time the witness was about 30 metres away from the defendant.
As for the second defendant, although witnesses said they saw him among some 40 men inside the shopping complex shortly before the fire broke out, the court ruled there was no clear evidence to show that he actually committed arson.
Citing the benefit of doubt, the court acquitted the two defendants for committing arson that led to a death. However, the court found they violated the state of emergency law in effect at the time.
Saichon was sentenced to one year’s imprisonment and the court reduced the term to nine months due to his cooperation in the trial.
Pinit had already served six months for violating the state of emergency law, and the court ruled that he could not be punished again for the same offence.
Red-shirt leaders Jatuporn Prompan and Weng Tojirakarn said the court verdict indicated that the red shirts were not involved in “burning of the city”, as has been alleged.