Public prosecutors decided yesterday to drop charges of lese majeste against deposed prime minister Thaksin Shinawatra, saying they lacked solid evidence to prove malicious intent against His Majesty the King.

The lese majeste charges were one of four general accusations used by the junta to justify the coup on September 19 to topple Thaksin. Corruption, intervention in independent bodies and causing national disunity were the other main accusations against Thaksin.

The prosecutors' decision was controversial and there were calls late yesterday for the police chief to seek a second opinion on whether to take the matters further.

Chief criminal prosecutor Sermkiart Woradit said: "Thaksin, then prime minister, should not have made such inappropriate comments in his public speeches but his words could not be classified as defamation, insulting or threatening against His Majesty." Two of the cases stemmed from speeches by Thaksin. The first was to a rally of taxi drivers on December 25, 2005. The second was a televised address aired by Channel 11 on February 4, 2006. The third case involved supporters from the Caravan of the Poor group waving flags with the royal insignia when they greeted him last March.

Many legal pundits said the prosecution ruling might raise more questions than answers.

In past lese majeste cases, the prosecution did not raise malicious intent to harm the monarchy as a central issue and previous guilty verdicts were based on actual remarks and their context.

Sermkiart said legal proceedings against Thaksin on these matters would end if acting national police chief General Seripisut Temiyavej agreed with the prosecutors' ruling.

Technically, if Seripisut disagreed with the decisions, then Attorney General Patchara Yuthidhamma-damrong would have the final say on the issue, he said.

Before reaching their decision, prosecutors carefully scrutinised Thaksin's remarks and found them disrespectful - though not offensive to the monarchy in a legal sense, he said.

"To prosecute Thaksin, the prosecution needs evidence to demonstrate malicious intent behind impolite remarks," he said.

In regard to the inappropriate welcome for Thaksin at a Caravan of the Poor rally, prosecutors found no evidence to prove the former PM was involved in staging the event and supporters being hired to wave royal flags.

"Prosecutors want to remind everyone, particularly those in the leadership or executive positions, to refrain from comments which could be construed as offensive to the revered institution," he said in reference to the cases against the former premier.

Last month, the Chiang Mai Provincial Court convicted a Swiss man of lese majeste. Oliver Rudolf Jefer, 57, was sentenced to 10 years in jail for defacing five pictures of Their Majesties the King and Queen late last year.

The court reprimanded Jefer for being respectful to the King, now 79, who is revered by Thai people. The court battle had not focused on intent, even after the defendant confessed to being drunk when he committed his wrongdoings.

In the recent moves to shield the monarchy, the Information and Communication Technology Ministry banned many websites and chatrooms for posting disrespecful messages and pictures, classifying them as lese majeste.

But yesterday's decision might have set a new precedent requiring that intent to cause harm be established before cases are classified as offensive to the monarchy.

Suriyasai Katasila, a key member of the People's Alliance for Democracy, said he wondered about the public prosecutors, because their performance seemed more like acts by judges. "The case is a big issue, the court should rule on this not public prosecutors," said the activist, who helped organised street protests against Thaksin last year.

Even if prosecutors decided not to pursue the matters, Suriyasai said they had said they regarded Thaksin's statements as impolite and inappropriate. This convinced him the cases should be put forward for courts to rule on.

He called for the national police chief to review the decision and forward to matters to the Attorney General.

Noppadon Pattama, a legal adviser to Thaksin, said the prosecutors' decision proved the former prime minister has innocent. He admired the prosecutors for their decision, saying it was made without political interference.

Kesinee Taengkhieo

Sucheera Pinijparakarn

The Nation