A prime suspect in the "Khon Kaen Model" insurrection plot filed a counter-suit against investigators Sunday, his lawyer said.
She said her client could not be guilty of taking part in a recent insurrection plot alleged by the government, because he has been in Khon Kaen prison since May 2014.
Benjarat Meethien, the lawyer for suspect Thanakrit Thongngernperm, lodged a counter-suit against Maj Gen Wijarn Jodtaeng, the legal chief of the NCPO, and deputy police chief Srivara Ransibrahmanakul with Crime Suppression Division (CSD) subdivision 3, for negligence of duty, defamation and making a false complaint against Thanakrit.
Thanakrit, 49, and eight other people were accused of lese majeste and offences under the Computer Crimes Act based on a complaint by the National Council for Peace and Order (NCPO).
The arrest warrants were approved last week, and police have since arrested two of the suspects.
Gen Prawit Wongsuwon, the deputy prime minister for security, said last week the nine men plotted subversive attacks in Bangkok and the assassinations of two key government figures. Police chief Chakthip Chaijinda formed a joint police-army investigation panel, led by Pol Gen Srivara, to look into the case.
Ms Benjarat said it is impossible that Thanakrit committed lese majeste and offences under the Computer Crimes Act as he is in jail in Khon Kaen.
Ms Benjarat said she submitted evidence of Thanakrit's incarceration in prison to the police. Thanakrit was jailed for his role in the "Khon Kaen Model" group, which pledged to protect former prime minister Yingluck Shinawatra during street protests in 2013 and 2014 and was arrested by the army in the 2014 crackdown.
The military claimed the group was plotting unrest by mobilising supporters, calling on security officials to disarm, negotiating with military officers and destroying financial institutions.
Cuffed and guarded, 26-year-old Natthapol Nawanle was turned over to police by the army last Wednesday, providing a photo op for the media. (Photo by Pornprom Satrabhaya)
Thanakrit's bail was approved but he was not released because his ex-wife then charged him with forging documents to sell her car. He was found guilty and sentenced to two years in jail, where he has remained ever since. Thanakrit still has to serve six months behind bars before his term is completed. Ms Benjarat said the NCPO must be held accountable because Khon Kaen prison has tight security and it is impossible he could have been set free to commit offences.
The new charges are an attempt to divert attention from the Rajabhakti Park corruption scandal engulfing the government, said Jatuporn Prompan, leader of the United Front for Democracy against Dictatorship (UDD).
Military and police officers have over-stretched their authority by filing charges against Thanakrit, Mr Jatuporn said, adding that unless Thanakrit broke out of prison, he could not attack the country's leaders.
Meanwhile, police spokesman Pol Gen Dechnarong Suthichanbancha insisted on Sunday the new charges were based on evidence.