Red-shirt members stepped up pressure Monday on the National Anti-Corruption Commission (NAAC) to revive a probe against ex-prime minister Abhisit Vejjajiva and his then deputy Suthep Thaugsuban over the 2010 crackdown on red-shirt protesters.
In a petition lodged with the Office of Attorney-General (OAG), red-shirt lawyers led by Winyat Chartmontri called on the prosecution to ask the NACC to revive the inquiry into alleged malfeasance against the pair.
The NACC conducted a probe against Mr Abhisit and Mr Suthep for alleged malfeasance regarding the deadly crackdown, but voted unanimously in December 2015 to clear them of the charge.
Mr Winyat said the petition to the OAG was prompted by a recent ruling by the Supreme Court that the case should be handled by its Criminal Division for Holders of Political Positions via an investigation by the NACC.
The OAG indicted Mr Abhisit and Mr Suthep on murder and attempted murder based on the investigation by the Department of Special Investigation (DSI). The Supreme Court also ruled the case was not under the DSI's jurisdiction.
Mr Winyat insisted there were new grounds for the NACC to revive the investigation, citing the Supreme Court's ruling as one of them.
He also said there were court rulings that found some protesters were killed by troops acting on the orders of the defunct Centre for the Resolution of the Emergency Situation (Cres) set up by the Abhisit administration.
The lawyer said he would also call on the NACC to disclose the details of the investigation that cleared Mr Abhisit and Mr Suthep of the malfeasance charge.
He said he believed the NACC's earlier probe did not take into consideration the results of the court inquest into red-shirt protesters' deaths.
"So the recent Supreme Court's ruling and the results of the inquest into the deaths are new evidence [for the NACC to revive the case]," he said.
OAG spokesman Somnuek Siangkong said the petition would be forwarded to the Attorney-General for consideration as soon as possible.
A source in the judiciary pointed out the law does not authorise the OAG to order the NACC to revive the probe, but allows the NACC to revive the case if new evidence comes to light.
So it remains to be seen how the NACC proceeds with the matter, said the source.
However, the source said families of the dead victims are justified in demanding the NACC reopen the case based on court findings that the deaths resulted from operations ordered by politicians.
According to the source, the Criminal Court ruled in several cases that the deaths were the result of military operations.
If the NACC agrees to re-investigate, it would be the first time political office-holders would face a charge of malfeasance in office under Section 157 causing deaths, said the source.
Former Democrat MP Watchara Phetthong yesterday urged the NACC not to bow to UDD pressure.