Supreme Court inquires into hospital transportation and hospital custody in third hearing of “Thaksin’s 14th Floor” case

The case has progressed almost halfway through the witness testimony, where details about hospital transportation and supervision of hospital custody that accompanied hospitalisation for the offender, Mr. Thaksin Shinawatra, have been revealed. The last hearing, the 7th, is scheduled on July 30

In the third hearing of the witness testimony in a high-profile court deliberation concerning the abnormally long hospital stay of Mr. Thaksin, the former Prime Minister, at the Police General Hospital’s 14th Floor, nine corrections officials from the Corrections Department were summoned to testify by the Supreme Court’s Criminal Division for Holders of Political Positions on Tuesday.

They were the Chief Warder, who served as a deputy Prison Superintendent and acted on the Warden’s behalf during the night shift of August 22, 2023, an assistant to the Chief Warder, who acted as the first head of the night shift, heads of body search and inspection and of court custody, and corrections officials and warders.

The Court inquired into the details of hospital transportation and supervision and enforcement of hospital custody that accompanied Mr. Thaksin’s hospitalisation at the Hospital. This followed the second session, under which the hospital transfer process was inquired into by the Court last Friday. (Read: Second day of witness testimony in “Thaksin’s 14th Floor” case sees hospital transfer process reconstructed)

The hearing became lengthy as some of the witnesses hesitantly responded to the Court’s inquiries, prompting the Court to take time repeating the questions. 

Due to the sensitivity of the information and the issue deliberated, the Court stressed its previous order, prohibiting the dissemination of detailed witness testimonies and related documentary evidence, citing that it could impede its ability to uncover the whole truth from subsequent witnesses, while causing public confusion and disclosing confidential medical records of the offender.

The Court started with the Chief Warder, who served as a deputy Prison Superintendent and acted on the Warden’s behalf during the night shift of August 22, 2023. As such, he had the authority to authorise the hospital transfer and transportation arrangements that night. He was in the highest command to issue orders for those arrangements, including assigning corrections officials and warders to accompany the hospital transfer and transportation to the Hospital and to enforce hospital custody during Mr. Thaksin’s first night in the Hospital.

The Court inquired about his authority that night, his decision-making role in approving the hospital transfer, transportation, and related supervision and enforcement at the Hospital. He was also asked about his justification for Mr. Thaksin’s health conditions and the legal grounds he used to base his decision to transfer him to the Police Hospital instead of the Department of Corrections Hospital nearby.

After spending time inquiring with him for about 40 minutes, the Court moved to the second witness, an assistant to the Chief Warder, who acted as the first head of the night shift. The Court asked him about his supporting role in the hospital transfer process, as he was the first corrections official who had interacted with the nurse who took care of Mr. Thaksin that night, and his supporting role in fact-checking and decision-making for the Chief Warder.

The Chief Warder’s assistant unsurely responded to the Court, prompting the Court to repeat questions towards him. He was also asked about the hospital transfer procedures, conducted by corrections officials and concerned doctors and nurses.

After spending time inquiring with him for about 15 minutes, the Court then inquired with the third and fourth witnesses, who were assigned to accompany the hospital transfer and transportation arranged for Mr. Thaksin. They were also assigned to enforce hospital custody at the Police Hospital on the first night and for the six-month hospital stay of Mr. Thaksin.

The Court inquired about how they were ordered to take up the assignments, how they accompanied Mr. Thaksin to the Police Hospital, and how they enforced hospital custody over him and other related activities on the first night and during their shifts over those six months, including hospital visits by his relatives and acquaintances, routine reporting, and others.

The Court also asked about details of Mr. Thaksin’s health conditions during his hospital stay, the medical treatment and hospital care provided to him, including the instance on the first night, and the atmosphere on the 14th Floor. The third witness hesitantly responded to the Court’s inquiries, prompting the Court to repeat questions towards him several times and as such, spending more than one hour questioning him.

The Court briefly asked the fifth witness, who had accompanied the hospital transportation along with the other two officials. It then decided to end the morning session and continued its inquiries in the afternoon for the rest of the witnesses. Four of them were the officials and warders who were assigned to take turns on the shifts enforcing hospital custody at the Police Hospital at different periods of time. 

The Court asked them how they enforced hospital custody over Mr. Thaksin and other related activities during their shifts over those six months, including hospital visits by his relatives and acquaintances, daily reporting, and others. The Court also asked about details of Mr. Thaksin’s health conditions during his hospital stay, the medical treatment and hospital care provided to him, and the atmosphere on the 14th Floor.

The session lasted almost six hours in total. Several details in their testimonies surfaced to have contradicted each other during those hours. 

The jail term

Mr. Thaksin was sentenced to eight years in prison for three corruption cases he claimed were politically motivated. He was granted the royal pardon for his service to the country after returning to Thailand from his years-long self-exile in late August 2023. This prompted his jail term to be reduced to one year.

Mr. Thaksin was questioned hard by the public for his abnormally long hospital stay supervised by the Corrections Department shortly after his arrival. He was later discharged from the Police Hospital, where he had been admitted and reportedly stayed for six months on its 14th floor, dubbed the VIP floor, as he was then subject to parole. 

These treatments resulted in him never spending a single night in prison, raising public outcries over a double standard in the country’s corrections process and justice delivery.

The Court, which has inquisitorial power, eventually took up the case to examine whether the corrections process in his case was really implemented and completed following its ruling. 

The first day of witness testimony by the Court took place on June 13, one day after the Medical Council of Thailand upheld its earlier decision against its honorary president, Public Health Minister Somsak Thepsuthin from Pheu Thai Party, Mr. Thaksin’s successor party of the defunct Thai Rak Thai.

The Council had ruled to take disciplinary action from issuance of a warning to licence suspension against three doctors, including one witness in Friday’s witness testimony, for their roles in the hospital transfer and admission in Mr. Thaksin’s case.

The National Anti-Corruption Commission is also investigating the case, and some of the witnesses in the case are under its investigation. It was also present at the Court on Tuesday along with the Attorney General as the plaintiffs in this case, asking hard quesitons to some witnesses as allowed by the Court.

Mr. Thasin did not show up at the Court again. There were only his lawyers present at the hearing. The lawyers had asked the Court to impose the prohibition against the dissemination of information in the case, restrict the audience, and conduct the hearings in a closed-door manner, but the Court declined to issue an order for the last two requests, viewing that its proceedings adhere to the principle of transparency.

Bangkok Tribune was permitted to observe the court hearings along with some members of the press. The next hearing will take place on July 15, and the last hearing, the 7th, is scheduled on July 30.