Corrupt and Arrogant Thai Politician's Fugitive Son Surrenders to Murder Charges

by Phairath Khampha

31 May 2002

The fugitive son of a prominent corrupt and arrogant Thai politician turned himself in at the Thai embassy in Malaysia, and agreed to return home to face murder charges. Duangchalerm Yoobamrung was seen by no less than 23 people shooting a police officer during a brawl at a trendy nightclub in Bangkok in October 2002. He had been on the run ever since. Theailand'sCriminal Court accepted for consideration the murder case against Duangchalerm Yubamrung who denied all charges but requested no bail. Later, his mother asked to bail her son out, but the Criminal Court rejected the bail request citing the case's sensitivity.

The Thai Foreign Ministry said the suspect, who entered Malaysia illegally, arrived in Bangkok on evening of May 2, 2002 on a flight from Kuala Lumpur. The saga gripped the nation for months, and the scandal caused Duangchalerm's father, a veteran politician, to lose his job.

Court hearing scheduled

Thai Foreign Ministry spokesman Rattakit Manathat said Duangchalerm had surrendered himself at the Thai embassy in Kuala Lumpur that same morning, accompanied by his brother and uncle.

"(The group) met with our ambassador there to express Duangchalerm's willingness to return to Thailand to face the charge of murder," the spokesman told reporters. A court hearing in the case had already been scheduled for July 1. Four other suspects who were all with Duangchalerm at the time of the shooting had also been indicted on related charges, including his elder brother, Wanchalerm.

At least six witnesses say that in the early hours of October 26 they clearly saw Duangchalerm put a gun to the forehead of a plainclothes police sergeant and pull the trigger.

Trouble began at the favourite haunt for the three playboy brothers and their friends, when one man trod on another's foot and a brawl ensued.

Notorious family

Chalerm Yoobamrung's sons have been linked to 12 incidents of brawling and physical assault in the previous three years but had never been punished because the family is corrupt and pays off anyone who is slighted. If one is not willing to accept such compensation to keep their mouth shut, they often just mysteriously disappear.

This most recent scandal resulted in Chalerm losing his job as the deputy leader of the New Aspiration Party, which is a member of the ruling coalition. But Chalerm leapt to his son's defence, as he had in on each of the previous occasions when his boys became involved in fights, shootings or other incidents at bars and discotheques. He even launched a magazine, to counter what he was as biased media coverage.

There had been rumours that Duangchalerm was hiding in Cambodia, but some people had suspected that the alleged murderer was actually hiding inside his family's sprawling Bangkok compound. In fact, he had hidden in Phetchburi immediately after the murder and then moved between there and Kanchanaburi and Ratchburi before going back and forth by boat, to avoid police checkpoints between Malaysia and Cambodia where he stayed at the homes of influential, corrupt and dishonest military officers involved in local scams.

Help me get home, fugitive asks staff

After six months on the run, murder suspect Duangchalerm Yoobamrung simply walked into the Thai Embassy in Malaysia the morning of May 2 and said: "Help me get home". He appeared healthy and relaxed when he showed up at the embassy with his eldest brother, Artharn, and his uncle, Thalerng, shortly after 9am local time, officials said. He had no luggage and wore a blue shirt, they said. At first, the embassy employee Duangchalerm addressed did not recognise him. When he realised it was the fugitive son of veteran politician Chalerm Yoobamrung, he informed the consul and the ambassador, the Thai Ambassador to Kuala Lumpur Chaisiri Anaman said.

"Duangchalerm informed our staff that he wanted to return home to fight the murder charge in court," Chaisiri said.

"I assigned our consul to interview him, which is normal procedure for any Thai who asks us to send them home. Duangchalerm asked us to issue a certificate of identity for him because he had no passport," Chaisiri said. However, the fugitive refused to tell the consul how he entered Malaysia.

"Duangchalerm declined to tell us how and which route he took to enter Malaysia. We did not force him to answer this question because we are not the investigators," Chaisiri said. When the interview was over, Duangchalerm, Artharn and Thalerng remained in the embassy compound, waiting for a Thai Airways International flight to return them to Bangkok. The ambassador reported the case to the Foreign Ministry in Bangkok. Foreign Minister Surakiart Sathirathai instructed him to contact the Malaysian Foreign Ministry as Duangchalerm had entered Malaysia without a passport. When the Kuala Lumpur authorities agreed that the embassy could process the case in accordance with Thai law, the embassy issued a certificate of identity.

Ready for a fight

Raising his fist to boos as well as cheers from a crowd of hundreds at a police station, murder suspect Duangchalerm Yoobamrung emerged from six months in hiding to face a justice system that most Thais said had been mocked by his influential corrupt family. Possibly the most dramatic surrender in Thailand's crime history was telecast live, and more suspense was in store as the country waited to see whether police would be able to fight off his family's attempt to seek his release on bail.

Police and Duagchalerm's notoriously corrupt father, MP Chalerm Yoobamrung, met him at the Don Muang Airport's arrival area after Flight TG426 touched down at about 8.45pm. A smiling Chalerm approached his youngest son, who looked fresh, relaxed and perfectly healthy, with open arms. But to everyone's surprise, there was no emotional hug. Duangchalerm, who was not handcuffed, knelt down and prostrated before his father, who bent over and patted his back. Then Duangchalerm rose and walked on, without even glancing at his father.

Very few words were exchanged, as though father and son had been separated by just a short study trip abroad. Yet, Chalerm claimed it was the first time he had met his son since the Twenty Pub shooting in October in which Duangchalerm shot decorated crime buster Suvichai Rodwimut in the head.

"This is my happiest day in six months because I missed him so much," the MP said.

He sat in the same police car as Duangchalerm, which left the airport in a tightly guarded convoy. They arrived at the Thung Song Hong police station shortly before 10pm. Reporters, cameramen and onlookers swarmed the car, trapping everyone inside for several minutes. An angry Chalerm was the first to get out of the car. He blasted officers for failing to ensure better security.

Then Duangchalerm, still without handcuffs, followed him out of the car. The area erupted in a mix of boos and cheers. The cheers came from Chalerm's political supporters, who carried banners encouraging the suspect to defend himself in court. Duangchalerm waved his clenched fist to the well-wishers as he was virtually hauled by officers toward the interrogation room.

How, where and when Duangchalerm entered Malaysia remained unclear. He left Cambodia by boat from Kompong Som on May 1, but it was not known who assisted him. The suspect was sheltered in Cambodia by an influential figure with political links in Thailand. Before he sneaked into Cambodia, he hid in Singapore for a while. Before that, military intelligence sources said he moved around the provinces of Phetchaburi, Ratchaburi, Chon Buri and Kanchanaburi. According to the other Yoobamrung brother, Wanchalerm, Duangchalerm contacted Artharn only a few days before he turned himself in.

"Artharn then disappeared and we didn't know where he was," said Wanchalerm.

Police said the case would be forwarded to prosecutors as soon as possible, regardless of what Duangchalerm, who had been charged with murder in absentia, said at the interrogation. They also vowed to oppose the Yoobamrung family's effort to seek bail.

"We have a strong case against him," said assistant national police chief Noppadol Somboonsap. "It's been a long time, but our evidence doesn't fade with time."

Some high-ranking government sources said the Yoobamrung family had been extremely worried by police signals that Duangchalerm would be targeted for extra-judicial killing if he did not surrender, often a normal procedure in Thailand. Police chief Sant Sarutanont assured the public that he would not allow political intervention, but most ordinary Thais could not believe this.

Police and prosecutors warned a former factory worker, who has confessed to the media that he was the real killer, that he faced serious perjury charges. Chalermchon Burisamai, 30, also known as Pued, was brought by Chalerm to meet a group of Nation reporters on Tuesday, but police have all but spurned his "confession".

Confession rejected by investigators

Thai police rejected out of hand a confession by a close aide of Chalerm Yubamrung that he, not the politician's son Duangchalerm, killed the policeman at the pub on Ratchadapisek road late in 2001. Chalermchon Burisamai, known as Pued, claimed he fired the shot that killed Pol Maj-Sgt Suwichai Rodvimut, of the Crime Suppression Division, at Twenty Pub in October 2001. Pol Gen Charnchit Phienlert, who oversees crime suppression in Bangkok, said he had expected an unsubstantiated confession would emerge one day because it is common in Thailand for members of the country's economic and political elite to pay for someone to take the rap.

Police investigators still had faith in the testimony of numerous witnesses who said they saw Pol Capt Chalerm's youngest son pull the trigger, he said.

Mr Duangchalerm fled after the shooting and had since evaded the police manhunt amidst rumours he was in a neighbouring country, with Cambodia the popular choice. Pol Capt Chalerm and his aides had made several visits to Aranyaprathet, in Sa Kaew, and casinos in neighbouring Poipet.

The maverick although extremely corrupt politician, who repeatedly proclaimed his son's innocence, earlier said he expected Mr Duangchalerm to surrender by the end of April 2002. Mr Chalermchon, 30, was accompanied by Pol Capt Chalerm when he made his confession on April 30.

"I have seen similar cases of some one who came out late and claimed he was the murderer," Pol Gen Charnchit said. "This is not new to me at all. The rich always pay for someone to take the blame. They even do it in Canada, but the police over there are so naive they actxually believe it. Pued [Chalermchon] was not named as one of the suspects in the investigation report, so there is no point investigating him at this time." He said he had no information to link Pued with the killing.

Will justice prevail? Does it ever prevail in Thailand for the elite?

The wife of the murdered officer expressed hope there would be no political interference. The wife of Sergeant Suwichai Rodwimut expressed confidence in the country's justice system after Duangchalerm Yoobamrung turned himself in to face the murder charge.

"I am glad to hear about the development. But Chalerm should have made his son give himself up a long time ago," said Supatra Rodwimut. She expressed confidence that there would not be any political interference and that she would win the case.

"Chalerm's sons have avoided being punished by the law every time, but my case has attracted widespread attention. I hope that the government takes this seriously because the public is watching and not only is Duangchalerm going to be on trial, but the country's judicial system is being tried. The guilty party should not escape punishment," she said.

Supatra said she had been traumatised since her husband was murdered and wanted to ask Duangchalerm in court why he had killed him.

"I also want to tell Chalerm how it feels to lose the head of the family."

Sai Duangnoi, Suwichai's father-in-law, said he believed crime suppression police would seek justice for one of their own.

"Everyone is waiting to see if this case is going to be rigged because Chalerm is an influential, dishonest, corrupt politician and we are only ordinary people," he said.

"If Chalerm's son gets away with this he will not escape the results of the bad karma he has caused," he said.

Suwichai's son, Kitisak, said he wanted the perpetrator punished but if the court found Duangchalerm not guilty then he would forgive him.

Chalerm keeps them guessing

The welcoming party for the murderer sparked public fury across Thaiand. MP Chalerm Yoobamrung continued to shock Thailand by not posting bail for his youngest son, murderer Duangchalerm. Duangchalerm on May 3 entered a remand prison after his much-publicised return to Thailand that night sparked outrage across the country as TV viewers watched a group of placard-holding supporters cheer him outside the station where he was first detained.

The surprise move by Chalerm not to apply for bail is seen by many as an attempt to avoid fuelling public rage at what was seen as his family's contempt for the country's justice system. Chalerm said he had yet to decide when to post a bond for Duangchalerm's release.

"I have to study the prosecutor's writ on my son's murder charges and then I will petition the court to grant bail," he said.

Duangchalerm appeared carefree and smiled arrogantly as he entered the Bangkok Remand Prison. Bedbugs had been purged from the cell after his father asked an influential inmate to take Duangchalerm under his wing. The inmate was none other than the corrupt retired Pol Lt-General Chalor Kerdthes, who was appealing multiple convictions for abuse of power as well as murder charges in connection with his notorious investigation into the infamous Saudi crown jewellery theft case.

The decision to delay the bail application was an about face from the hero's welcome Chalerm had staged for his son. The highly publicised welcome backfired on the Yoobamrung family as the public bombarded media outlets and numerous websites, denouncing what the apparent called police leniency and the privileges given to Duangchalerm.

"This is a mockery of justice. A murder suspect can upstage the law and police dare not handcuff him," said a caller to The Nation switchboard. After acknowledging the charges against him, Duangchalerm refused to give a statement to investigators and declined to stand in a police line-up. He spent a night in an isolated cell at Thung Song Hong police station. Accompanied by a 100-strong police escort, Duangchalerm reported to the prosecutor's office before an appearance in court for a remand hearing. His father and two older brothers Artharn and Wanchalerm, who were facing a separate trial stemming from the killing, accompanied him.

As Duangchalerm arrived at the Criminal Court he was seen in handcuffs for the first time since reporting to police. In the prosecutor's writ Duangchalerm was accused of assaulting and shooting dead Senior Sergeant Major Suwichai Rodwimud, a Crime Suppression Division officer. Following the killing, the defendant and a number of accomplices then proceeded to obstruct justice by resisting arrest and assaulting police officers before fleeing the crime scene, prosecutors said. The prosecutors cited five related charges centering on the first-degree murder charge, a capital crime. The court ordered that Duangchalerm be remanded pending the next hearing, which was set for May 17.

The court would have to first decide whether to consolidate all the charges related to the case before resuming the trial of the other defendants, including Wanchalerm. Prime Minister Thaksin Shinawatra, himself having been aquitted by questionable means on corruption charges dismissed allegations that Duangchalerm was enjoying privileges, saying police had treated him as they would any other suspect. Thaksin urged all relevant parties to wait for the completion of the judicial review before rendering judgement on the case.

"I was told that police had firm evidence for Duangchalerm's conviction. But everything depends on the outcome of the court battle," he said.

Visit rules flouted

The Yoobamrung family exceeded the time allowed for relatives to visit an inmate at the Bangkok Special Prison on May 6, prison officials and relatives of other prisoners said. Family members of murder suspect Duangchalerm Yoobamrung's visited him that afternoon. They spent about 45 minutes with him, although prison regulations allow only 15 minutes for each visit. The limit is applied to family members coming in one group, regardless of the number of inmates they want to meet, said one prison guard, who requested anonymity. Duangchalerm looked tense during the visit. He wore a crew-cut and was in prison dress.

That day marked the first reunion of the family since Duangchalerm was remanded in custody. In addition to his father MP Chalerm, visitors included his mother Lamnao, elder brothers Art-harn and Wanchalerm, and some 20 relatives and friends.

Speaking after his visit, Chalerm said he wanted Duangchalerm to know that he had the complete support of his family. Chalerm said he had not yet decided when to apply for bail for his son and added that he would first consult with a team of five defence lawyers. Reacting to police comments on the Duangchalerm case, Chalerm said he was monitoring every word with the intent of reporting possible cases of contempt to the court. He also challenged national police chief General Sant Sarutanont to testify for the prosecution.

Obfuscation starts

Through the help of a senior police officer with access to the case file, Pol Capt Chalerm had read its contents, including all the witness testimony. Several witnesses gave conflicting accounts of the shooting while others claimed they did not actually see the shooting but heard from another witness, identified only as Itthipol. One key witness, a bartender who claimed to have seen Mr Duangchalerm pull the trigger, had developed an intimate relationship with a police officer handling the investigation. Her testimony could be challenged as being unreliable, the source said.

Police also did not have any material evidence such as a videotape of the shooting or the gun used in the killing.

Several influential people close to Pol Capt Chalerm had given his son refuge in their Bangkok homes. During that time he had planned strategies for his defence, diversions to distract police attention and escape routes, the source said. The original plan called for Mr Duangchalerm to turn himself in at the Thai consular office in Hong Kong where Pol Capt Chalerm believed an arrangement could have been made with the Chinese to waive charges of illegal entry. This plan was eventually dropped in favour of the Malaysia option, after Kuala Lumpur announced a convenient amnesty for illegal immigrants who leave voluntarily, said the source.

While Mr Duangchalerm was at large, police had closely monitored the Yubamrung family and tapped their telephones. Pol Capt Chalerm was aware that his phones were bugged and spread false information about Mr Duangchalerm escaping to Cambodia, Malaysia, Macau and Singapore. The source said Pol Capt Chalerm did not want his son to leave the country. Taking care of him would have been too hard, and he could have been jailed for illegal entry. Pol Capt Chalerm Yubamrung managed to keep in regular contact with his son through the "one-2-call" cellular phone system. To avoid police detection, all mobile phones were discarded after being used just the once. Given that such telephones are worth around $300 each, it goes to show how the filthy rich of Thailand behave, while most of the populace lives in abject poverty.

The source said the case was a "fight to keep face", which is more important than anything else in the Thai culture, between Pol Capt Chalerm and national police chief Pol Gen Sant Sarutanond. The police failure to arrest Mr Duangchalerm, even after six months, was seen as a personal triumph for Pol Capt Chalerm, the source said.

However, the chief investigator in the Duangchalerm Yubamrung case said he doubted the confidential case file had been leaked to Chalerm Yubamrung and his legal counsel. Pol Lt-Gen Noppadol Somboonsap, assistant police chief, said none of his men would ever leak the file or divulge information to the former New Aspiration deputy leader.

Pol Lt-Gen Noppadol said the identities of prosecution witnesses had been kept confidential in order to protect them from the harm that Chalerm was likely to arrange, and he was confident the police evidence was strong enough to bring Mr Duangchalerm to justice. He also did not believe any of the witnesses would reverse their testimony in court.

Court accepts Duangchalerm case, suspect denies charges

The Criminal Court on May 17 accepted for consideration the murder case against Duangchalerm Yubamrung who denied all charges but requested no bail. The Criminal Court that day read a lawsuit filed by the prosecution against Mr Duangchalerm for the defendant to acknowledge.

After Mr Duangchalerm gave a statement rejecting the charges, the court ordered the case be combined with two other cases against Krispat Jaturanon, Supoj Saeng-anan, Wanchalerm Yubamrung, the suspect's elder brother, and Pol Maj Sarawut Sakulmeerit. The court also allowed Pol Sgt-Maj Suvichai's wife, Supatra, to join the public prosecution as co-plaintiff. The first examination of prosecution witnesses was scheduled for July 1.

After the hearing, Krirkkiat Phutthasathit, the court's secretary, said Mr Duangchalerm, Mr Krispat and Mr Supoj did not request bail but Mr Wanchalerm and Pol Maj Sarawut, charged with illegal possession of firearms, had been released on bail. Mr Duangchalerm's lawyer, Sommai Koosap, said he had no plan to ask for bail for his client but he had more than 10 witnesses to testify in support of Mr Duangchalerm.

Mr Duangchalerm's mother, Mrs Lamnao, burst into tears when she saw her youngest son in a prisoner's uniform and chains around his ankles. Mr Duangchalerm, who put on a smile for his mother, called out: "Mum, do not cry. There is nothing to worry about." Pol Capt Chalerm insisted on his son's innocence, saying "My son did nothing wrong. Don't you see he is still cheerful?

"When he escaped, he was branded a coward. But when my son surrendered, he was said to be vulgar. For the case, I am not worried but I will give moral support to my son until it reaches a conclusion," the former deputy New Aspiration leader said.

In a sight that sickened many Thais, many of their neighbours in Bang Bon turned up to cheer the Yubamrung family while some 20 Ramkhamhaeng University students and civil rights group members gathered outside the court to give moral support for the victim's family.

Court denies bail request by key defendant's mother

The Criminal Court rejected a bail request on May 24 for murder suspect Duangchalerm Yubamrung citing the case's sensitivity. The request was submitted by Mr Duangchalerm's mother, Lamnao Yubamrung, who offered surety of 17 million baht in the form of two land plots in Bang Khun Thian. According to sources, Mr Duangchalerm attached to the bail request a letter in which he protested his innocence, claiming he was watching dancers when the brawl erupted and Pol Sgt-Maj Suvichai Rodwimut was shot dead. He quoted his elder brother, Art-harn, as saying the gunman was a mutual friend named Chalermchon Burisamai, alias Peud.

The suspect asked to be released on bail, saying he wanted to continue his studies at Ramkhamhaeng University and help look after his sick mother, who was suffering from clogged blood vessels in her brain and high blood pressure. The request was turned down by Nirat Chanthapat, deputy chief justice of the Criminal Court.

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