Court to hear retrial plea by ex-teacher
The provincial Nakhon Phanom court will today hold a hearing over a petition seeking a retrial of a 2005 fatal car accident case in which a former teacher was found guilty by the Supreme Court.
The court proceedings follow a petition by Jomsap Saenmuangkhot, 54, who served one and a half years in jail for reckless driving causing death. The former school teacher claims to have new evidence proving her innocence.
Athikhom Inthuputhi, secretary-general of the Office of the Judiciary, said the provincial court will hear Jomsap and the prosecution before forwarding the case to the Supreme Court for a decision.
He said the Supreme Court will make a ruling because the case has been finalised.
Jomsap was sentenced to three years and two months in prison after being found guilty by the Supreme Court but she was released following a royal pardon in April 2015 after serving 18 months.
The case drew wide attention when Jomsap petitioned the Ministry of Justice for reparation and insisted she was wrongfully prosecuted and imprisoned.
Pol Maj Gen Suwichan Yankittikul, Nakhon Phanom provincial police commissioner, has said the police’s responsibility in investigating this case was completed in 2005 and whether or not the case is reopened will depend on the court’s decision.
Mr Athikhom said the case will be reopened if there is new evidence and the evidence is solid enough to overturn the ruling.
He said he has seen only a few cases reopened and the rulings overturned.
He said if Jomsap is cleared of the charge, she can sue state officials handling the investigation and the prosecution’s witnesses for wrongful conduct.
“I’ve seen just a few cases that were reopened under the 1983 Act governing the reopening of criminal cases. If she is cleared of the allegation, she will receive compensation and can take legal action against others,” he said.
The former teacher is eligible for financial compensation under the Compensation and Expenses for Injured Persons and the Accused Act and the Justice Fund Act if she is re-tried and eventually cleared of the charge.