The court ruled that new evidence and witnesses gathered since the murder occurred over two years during which time they could have been fabricated. So, physical evidence presented in his bid for a retrial was not “credible”.

And new eyewitness testimony to Justice Ministry officials that clashed with testimony to police during the arrest of another suspect in this case, plus other witnesses presented were also not at the scene of the crime.

Hence, it was deemed that Passakorn had no new evidence that was sufficient to convince them he was innocent. Although the unnamed suspect later confessed to the murder, the court believed he was motivated by Justice Ministry officials and Passakorn’s family, plus lie-detector results used for the case could not provide a clear or accurate result.

So, the court dismissed the family’s request for a retrial and ordered that Passakorn, who had been released on bail pending the Supreme Court verdict after serving over five years behind bars, be returned to prison.

He will be sent to jail then he would be eligible to apply for a reduction available for those who have served a third of their sentence. Passakorn’s lawyer Khomhan Paisuwan said the fact that the unnamed suspect met Passakorn in jail convinced the court his client was not innocent.

The lawyer said he would soon apply for Passakorn’s jail term to be reduced, as he had served a third of sentence. Khomhan said Passakorn wished to prove his innocence and had used the right to apply for a criminal case retrial once, so he was proud that he had tried and would accept the court verdict. Passakorn’s parents Sonchai and Sanoh Sangkhee, who believed their son was innocent, had asked the Justice Ministry to help apply for a retrial.

They broke down in tears after the verdict was read. Relatives had to help them walk out of the court. His father Somchai tearfully said that no one had helped his innocent son, while his sobbing mother Sanoh later fell to her knees in front of the court staircase, lamenting “What would you do if it were your family member was sent to jail?” Sanoh said her hope for almost a decade to help her son had been crushed.

She said she would submit a petition to the King soon.