Seven former officials facing trial for the 25 October 2004 Tak Bai Massacre, which resulted in the death of 85 people, have failed to appear at the court. At the same time, Pheu Thai MP Pisarn Wattanawongkiri, one of the former officials, has resigned. The court has given an ultimatum that they must appear by midnight on 25 October, the day the statute of limitations for the lawsuit expires.

A lawsuit was filed against them by 48 people who lost family members in the Massacre for murder by torture or acts of cruelty, coercion, unlawful detention, and malfeasance. The lawsuit was accepted by the Narathiwat Provincial Court on 22 August. The seven officials are:

1. Gen Pisarn Wattanawongkiri, former Fourth Army Region Commander;
2. Gen Chalermchai Wirunpeth, former Fifth Infantry Division Commander;
3. Pol Gen Wongkot Maneerin, former director of the Royal Thai Police Forward Post’s Command Centre and former Senator;
4. Pol Lit Gen Manot Kraiwong, former Chief of the Provincial Police Region 9 and former Senator;
5. Pol Maj Gen Saksommai Phutthakul, former superintendent of Tak Bai Police Station;
6. Siwa Saengmanee, former deputy director of the Southern Border Provinces Peace Centre and former Deputy Permanent Secretary of the Ministry of the Interior; and
7. Wichom Thongsom, ex-governor of Narathiwat.

The first court hearing was scheduled for 12 September, but none of the officials came to court, so the Narathiwat Provincial Court issued arrest warrants for six of them, instructing police and court marshals to arrest them on sight and bring them to court before the statute of limitations expires on 25 October.

Meanwhile, Gen Pisarn, as a Pheu Thai MP, had parliamentary immunity as an MP and so could not be arrested, detained, or questioned while parliament is in session. The Court instead issued an urgent request to the House Speaker for his arrest, along with another summons.

However, Matichon reported that the Narathiwat Provincial Court held another court hearing on Tuesday (15 October) and followed up on the arrest of the seven former officials. Once again, none of the defendants appeared, and the authorities were unable to apprehend them. Despite this, the court stated it would not dispose of the case.

The court reiterated that they must appear by midnight on 25 October, and the court hearing was rescheduled for 28 October. The court said if any of the defendants come to the court or are arrested by then, the trial will proceed as planned. If not, the case will be closed.

Among the seven defendants, Gen Pisarn has faced significant public backlash in recent weeks for requesting a leave of absence as the lawsuit nears its expiration. It has been widely speculated that he has been trying to buy time and may return after the statute of limitations expires.

It was reported that he requested leave for 26 August – 30 October in order to seek medical treatment overseas. The leave was reportedly approved by Pheu Thai MP and Deputy House Speaker Pichet Chuamuangphan.

Phumtham Wechayachai, Deputy Prime Minister and Minister of Defense, announced at a press briefing on 15 October that Pheu Thai MP Gen Pisarn had resigned as MP. In his resignation letter, Gen Pisarn Gen Pisarn cited health issues and his need to recuperate, saying that he was aware that the issue has been used to create conflict in order to drag down the Pheu Thai Party. He therefore resigned so that it would not impact the Party, reiterating that he would clarify the case himself once he recovers.

The warrant, dated 1 October, was issued on the grounds that Gen Pisarn is a flight risk since he did not come to court during the first court hearing and did not attend a parliamentary session on the same day. He also did not inform the court of why he was unable to attend the hearing and did not ask for a postponement. 

PM Paetongtarn Shinawatra assured the public that all legal procedures will be followed and that the government has sought Interpol’s assistance.

On 25 October 2004, a demonstration took place in front of the Tak Bai Provincial Police Station in Narathiwat.  The protest was in response to the detention of six members of a village security team accused of providing arms to insurgents. The detainees claimed that their weapons had been stolen. After the crowd grew to around 2000 people, police attempted to disperse the protest with tear gas and water cannons. When protesters responded by throwing rocks, police shot at them, killing seven people.

Over 1300 people were detained at the scene. They were stripped to the waist and had their hands tied behind their backs. Some were beaten with gunstocks. They were then stacked on top of each other in trucks and transported to Fort Ingkhayutthaborihan, a military base in Pattani, 150 kilometres from the original location of the protest. 78 more people died from suffocation or organ failure during the 5-hour drive.