THE high-profile case of former teacher Jomsap Saenmuangkhot, who was released two years ago by royal pardon after she was sentenced and jailed for a hit-and-run killing in 2005, has taken a new twist after a senior police officer insisted yesterday that the teacher really committed the crime.

Police Inspector-General Pol General Panya Mamen said in a press conference in Nakhon Phanom province that a reinvestigation into the case reaffirmed that Jomsap drove the pickup truck that hit and killed a man in the province in 2005.

Panya alleged that a group of people were assigned to systematically set up evidence in order to persuade others that the teacher was the scapegoat.

Panya said police were now investigating the man who allegedly confessed to driving the car that killed the cyclist.

He said the confirmation that Jomsap committed the crime was the result of a reinvestigation into the case by several police teams who visited the scene of crime and re-examined the documents involved.

Meanwhile a witness testimony session for Jomsap’s case at Nakhon Phanom Provincial Court, scheduled for yesterday, was postponed to February 8-10 after Jomsap’s witnesses, including the alleged “real culprit”, a Mukdahan man, and a female witness failed to show up, an informed source at the court said.

The information from the session – where prosecutors intended to interview eight more witnesses – would be submitted for the Supreme Court’s consideration if it could be regarded as new evidence that might pave the way for reopening of the case and a retrial.

After the meeting with the court judge, Jomsap briefly thanked sympathisers and media members before she was led away by relatives.

Meanwhile, Buri Ram-based teacher association president Prayat Warong said that he hoped Jomsap, who lost her freedom despite being reportedly innocent, would get justice and be reinstated as a teacher.

Prime Minister General Prayut Chan-o-cha yesterday said that if the ongoing probe confirmed that the former teacher was innocent, she would be provided with remedial measures.

He also urged people not to assume that the whole agency was problematic because such an issue could happen everywhere in the world. “You have to see it case-by-case and investigate who are the wrongdoers. If she is deemed innocent, she should be able to get back to her teaching career,” the premier said.

Permanent Secretary for Education Chaiyapruek Serirak said that if Jomsap wished to be reinstated as a teacher, she must file a request to the director of a respective educational service area office so he could table it at the provincial education committee meeting.

As a public schoolteacher’s reinstatement required a teaching licence, the authority would also check the status of her teacher licence, he explained.

Education Council deputy chief Somsak Dolprasit said Jomsap’s teacher licence had expired in 2014 during her court trial and she didn’t file for licence renewal within the deadline.

He said she would have to re-apply for a teaching licence at the Education Council’s Secretary Office.

Office of Basic Education Commission chief Karun Sakulpradit said he assigned deputy Boonrak Yodphetch to visit the north-eastern province and check if Jomsap was entitled to be reinstated and any decide on other compensations.

WHILE the emergence of a new US administration under billionaire Donald Trump will not put serious pressure on the Thai military government regarding democratisation, diplomats and experts have urged the regime to balance ties between Washington and Beijing.

Thai-US bilateral relations, which mark their 184th anniversary this year, have been relatively sour since the 2014 coup against the elected civilian government. The outgoing administration of Barack Obama pushed the junta hard on politics and rights, plus suspended some military assistance.

With Trump scheduled to take office on Friday, very little still has been spelt out about his prospective policies towards Asean, let alone Thailand in particular.

Diplomats said a clearer picture would not emerge until the Trump administration appoints the most senior official who oversees East Asia affairs.

What can be anticipated so far depends on the character and style of Trump, his nominee for secretary of state Rex Tillerson, the former chief executive at ExxonMobil, and the Republican Party platform, analysts said.

Those indicators point to business-oriented policies as the Trump administration pays less attention to rights and democratisation, one Asian diplomat said on condition of anonymity. Thailand’s military regime would have certain level of comfort in dealing with the US on political issues, but would face tough engagement on economic matters, he said.

In the meantime, Trump has paid more attention to China, a powerhouse in Asia, as a critical competitor threatening American interests. The US hostility comes as Thailand notably leans towards China, with carefully cultivated deals in transportation, infrastructure development and military hardware.

While not knowing how much these circumstances will affect Trump’s view of the Kingdom, it would be wise for Thailand to stay balanced between the two powers and utilise available multilateral mechanisms, said Viboonpong Poonprasit, a political science lecturer from Thammasat University.

If forced to make a choice on serious issues such as the contentious South China Sea, the Kingdom should stay within the Asean consensus and follow the principle of non-interference, sticking to international law and maintaining a neutral stance, he said.

“Adhering to Asean is crucial for us,” he said “It is not only safer to speak in a consensus but also to keep ourselves from depending too much on either power.

“Trump’s ‘America First’ policies will only matter to the US domestic affairs,” the academic said. “Barack Obama’s ‘Pivot to Asia’ will likely be reduced significantly. Only economic talks will persist, which will actually fit Asean’s main activities and its diverse nature.”

Meanwhile, Washington’s impending abandonment of the Trans-Pacific Partnership (TPP) trade compact would allow the Kingdom to engage in more direct, bilateral talks with the western power. “The US’s exit will be a fair reason for Thailand not to jump into it,” Viboonpong said.

Dulyapak Preecharush, a lecturer in Southeast Asian Studies also at Thammasat, agreed that Thailand should maintain a balance between the US and China. “In fact, neither Thailand nor any Southeast Asia country has totally leaned towards China,” he said. “It is just a normal move that the Thai military regime had to turn to China more as the US was sticking to its democratising approach.”

The US still had a longstanding bond with Thailand, especially on security and military cooperation during the Cold War era. However, China’s geographical closeness to the Kingdom could be more important in many sectors because it allows room to strengthen connectivity.

The US domestic situation might cause Trump to shift focus, including away from democratisation. “Trump even showed that he is content with authoritarianism,” Dulyapak said. “This also correlates with current scenes in Southeast Asia, from Cambodian premier Hun Sen, Filipino President Rodrigo Duterte to Thai Prime Minister Prayut Chan-o-cha. They all share a like for top-down administrations.”

Despite Trump’s protectionism, he said the US would still want to maintain itself as a global superpower. “Neo-conservative Repub-licans might still scrutinise Thai politics, but there should be less pressure, allowing more room for talks to regain benefits.”

Just hit by massive floods that have not completely receded, the southern provinces have been asked to take preparatory measures to cope and try to prevent further damages and casualties, as the death toll from flooding to date has reached 41.

Five of the 12 provinces are on high alert for flash floods and landslides, including high-risk areas such as Lang Suan in Chumphon province; Patoh and Lamae districts in Surat Thani province; Ta Chana, Chaiya, Ta Chang, and Kanchanadit districts in Nakhon Si Thammarat province; as well as some districts in Phatthalung and Songkhla provinces.

Meanwhile, the government yesterday held a televised event to encourage companies and individuals to donate funds to help flood victims with Prime Minister Prayut Chan-o-cha personally donating Bt100,000 and taking phone calls from donors.

Chatchai Promlert, head of the Disaster Prevention department, said a 10-point warning and action plan had been sent to all provincial officials in the affected areas as all units needed to work closely to handle the situation, especially in the aftermath of earlier floods which hit 530,000 households and affected 1.62 million people in 119 districts of the 12 provinces.

Chatchai said, massive rainfall was expected in Chumphon, Surat Thani, Nakorn Si Thammarat, Phatthalung, Phang Nga, Phuket, Songkhla, Krabi, Trang, Pattani, Yala and Narathiwat between today and Friday. Local authorities had to be on standby to monitor the situation and provide help if needed for emergencies.

Krisada Boonraj, permanent secretary for the Interior Ministry, said the 10-point warning and action plan included the elevation of this natural disaster threat from level two to level three, the requirement that each relevant provincial governor appoint a deputy governor or provincial permanent secretary to be the chief officer in charge of flood prevention and mitigation work. At district and local levels, top officials had to be responsible for crucial work.

Areas expected to face a new round of deluge include Phunphin district in Surat Thani and Lob Talaynoi in Phatthalung, next to Songkhla Lake.

Civilian and Naval authorities have been told to be ready to use large pumps to get a huge amount of water out to sea as soon as possible.

Also, if there were widespread floods, a local command centre will coordinate with related agencies to provide first aid to affected local residents based on a code of conduct used in recent critical flood situations in Nakhon Si Thammarat and Prachuap Khiri Khan.

Another measure under the plan involves the government having approved an emergency budget of Bt50 million for any affected province so that officials can quickly get funds for work.

Local authorities must also prepare for the mass distribution of subsistence products to flood victims while ensuring that temporary makeshift kitchens are hygienic.

Public health authorities and related units have to prepare to tackle clean-up areas where floodwater has receded with disinfectants to prevent post-flood diseases and contamination. While local authorities were told to provide advice to residents in a bid to prevent casualties not directly caused by flooding, as the number of such casualties has recently increased.

Local authorities must also report details of any household which loses a family member to flooding in a timely manner, and the use of public money and other donations has to be transparent.

Review lessons learned

Lessons learned from previous flood mitigation efforts in Yala, Narathiwat and Pattani needed to be reviewed and improved.

Meanwhile, the Navy said it would take another 10 days to restore normalcy in Songkhla if it was not hit by floods again, largely because high tides had prevented floodwaters receding quickly.

In Prachuap Khiri Khan, residents of Ban Saphan district have urged local authorities to help clean up a five-kilometre-long beachfront which is filthy due to debris from the floods.

Eaw Hongthong, 61, said, the floods had gone on for six days but there was no clean-up effort.

In Trang, floodwaters in some areas remained as high as one metre, resulting in skin diseases and other diseases among villagers, with more than 50 households in Tambon Bang Ruk of Muang district unable to return to their homes.

The move is an attempt to reduce inequality in the pre-trial release of defendants, its secretary-general said.

The electronic anklet  will have to be worn by detainees who pass the assessment but were deemed a higher escape risk.

Under the new scheme, people charged with minor offences liable to punishment of no more than five years in jail – but who cannot afford bail – will have an opportunity to be released if they pass the risk assessment and get approval from the judge, Athikom Intuputi told a press briefing.

The scheme will be adopted under a trial programme in five courts for one to three years. They are Bangkok South Criminal Court and Chanthaburi, Chiang Mai, Kalasin and Nakhon Si Thammarat provincial courts.

Athikom said that while most courts allowed pre-trial release, the latest statistics showed that almost 60,000 inmates – around 20 per cent of the total in prisons – were still awaiting trial.

He believed most had been charged with minor offences but could not afford the bail, hence they remained locked up. On the contrary, the better-off defendants could apply for bail and lead a normal life before facing trial.

Under the scheme, Athikom explained, court officials would put inmates’ data on an assessment form and calculate the risk of escape, which would then be submitted to the court for further deliberation. If passed, the inmates would be released without bail, he said.

CoJ spokesman Suebpong Sripongkul said the risk assessment would be divided into five levels, from most to least. It would take into account each inmate’s criminal record, escape risk, repetition of offence risk, and the threat the inmate might pose to society.

The release would then be at the discretion of the judges, he said. For those demonstrating higher risk of escape, the court would use tracking devices such as electronic anklet or smartphone applications, Suebpong said.

Officials would face legal consequences if they did not conduct the assessment fairly or abused their authority to favour inmates, he said.

Mookmethin Klannurak, chief judge of the Office of the President of the Supreme Court, said that the court would compare the number of escapes between those released on bail and those released under the new risk-assessment scheme. The result would be used to develop and improve the assessment to ensure the court did not release or detain the wrong people.

He said the scheme could help reduce the state budget spent on inmates.

DEVASTATING losses from raging floods in the South and Prachuap Khiri Khan province have led to criticism of authorities over the country’s flood early-warning system.

The inundation has caused multiple casualties and major property damage.

In the eyes of many, such an adverse impact could have been averted or at least made less severe had relevant authorities properly warned people about early enough.

Chainarong Sretthachau, a lecturer at Mahasarakham University, complained publicly via social media that the country had emergency response plans in place with clear assignments of what each relevant unit or official must do.

“So when a government agency fails to comply with the plan, it commits a violation. Its offence is not just a human error – it has failed to comply with the law-endorsed plan. Because of its violation, disasters have struck,” he said.

Chainarong suggested that victims should sue the Royal Irrigation Department (RID) because there was no flood-disaster warning despite a provincial disaster prevention plan having authorised the RID to activate such a move.

“The provincial disaster plan had been updated three months ago and detailed which agency would issue flood warnings, evacuations and mitigation. But as we have seen from Bang Saphan district in Prachuap Khiri Khan, [it is obvious] who did nothing, who neglected, who were deliberately careless,” he said.

The RID had information in its hands about water levels at three reservoirs and they knew the rainfall amount, he said, questioning why the agency didn’t lower the water or manage it so the reservoirs would not overflow.

He said authorities should set up a fact-finding committee to investigate what caused the Bang Saphan flood and which agencies or officials neglected their duties. “Prime Minister General Prayut Chan-o-cha’s remark that people wouldn’t evacuate despite a warning is a dismissal of responsibility. The government’s job is to find evidence if the people were warned. If they weren’t warned, the government must take action and fix the loophole.

“Just going with such a remark, no agency would respond to what happened and no one would be accountable to it,” Chainarong said.

It was distressing to see vehicles float around in floodwaters and houses submerged to their roofs. Many people have complained that they could have been more prepared to deal with flooding, if they had known in advance that floodwaters would arrive. Indeed, many flood victims have pointed the fingers at authorities.

“Why wouldn’t the RID warn us that water will be spilling out of dykes?” is one common question posed on social media.

Water overflowed from at least three reservoirs in Prachuap Khiri Khan last week, throwing locals into a nightmarish situation.

Floodwater swamped their houses. Floodwater levels kept soaring to a point that even items that had been put at a higher spots were swamped too.

Because of the serious damage caused by the floods, one woman hanged herself out of stress in Prachuap Khiri Khan. This was on top of other flood-related deaths in the province.

The RID has tried to dismiss the criticism by explaining that it had informed relevant agencies of the threatening water volume and that it was their duty to inform people.

But Chainarong said in the face of imminent risk, the RID should have spoken up publicly. “Because the department chose to wait for others to do the job, people living downstream have suffered,” he said.

Maitree Kongkraijak, co-ordinator for the tsunami disaster network representing the Ban Nam Khem community in Phang Nga province, recommended that relevant authorities integrate their early-warning system.

“Without integration, these authorities are prone to think one of them will take action. When none do anything to warn people in advance, the scope of damages are massive,” he said.

Maitree has been helping flood-affected people in Nakhon Si Thammarat’s Cha-uat district since January 5.

Interior Minister General Anupong Paochinda insisted that people were informed in advance but many people did not believe local officials.

Maitree responded by saying that authorities would need to review their approach, if people did not take heed of the warnings.

According to him, local people need help from government agencies because even with their efforts to strengthen their emergency-response abilities, they cannot estimate the extent of the danger by themselves.

Komes Thongboonchu, manager of a project for a community wellbeing network and a coordinator for a natural-disaster response network in the South, said the raging floods had been the biggest inundation in the region in half a century.

He said his network had worked closely with local administrative officials in Nakhon Si Thammarat’s Cha-Uat district in informing locals in advance.

“But people who got the advice moved their belongings to higher spots but those spots proved not high enough to evade floodwater that soared so high this time,” Komes said.

He believed that if the weather bureau provided forecasts for more specific areas, the early-warning system and preparations would become more effective.

“Don’t predict the situation for the whole eastern part of the South. Be more specific,” he said.