Two girls and a woman were killed and 18 others injured in the attack at the height of protests against the then Yingluck Shinawatra government at the Ying Charoen market in Tambon Saen Tung of Khao Saming District of Trat.
The lower court acquitted Wachara Krajangklang, Somsak Poolsawas and Somsak Sunan of charges in connection with the attack.
However, the lower court found Wachara guilty of unauthorised possession of firearms and ammunition.
Wachara was subsequently sentenced to five years in jail, a decision now reversed by the Appeal Court citing insufficient evidence.
The three men had been detained due to an appeal filed by prosecutors. The decision by the Appeal Court was read by the lower court on Tuesday (April 4).
According to the ruling, the Appeal Court was not convinced by witness statements and DNA evidence submitted in support of the appeal.
The court found the evidence presented, including fingerprints and DNA traces, did not clearly prove Wachara pulled the trigger of the gun used in the Feb 22 attack.
The court decided to give Wachara the benefit of the doubt.
The three people killed in the Feb 22, 2014 attack were Lilawal Promchai, Pistawan Ounjai and Nathichaya Rosungnoen.
Eighteen people were injured, nine of them seriously.
They were Sitthichai Fasai, Pisit Boonchu, Walla Lopreecha, Thosapol Thongsaengsri, Thongrob Buranaphong, Krisana Boonchu, Phatharaporn Mankhong, Yod Auanchatree and Tak Phakdee.
They were in hospital for more than 20 days.
The three suspects were also accused of involvement in at least four other related incidents carried out in tambon Nonsi of Khao Saming district of Trat, Khaeng Hang Maew district in Chanthaburi, tambon Saen Suk in Muang district of Chon Buri and in Kanchanaburi.
All of them have denied any involvement in these incidents.
Wachara and Somsak Poolsawas were arrested on June 2, 2014 while Somsak Sunan was nabbed on July 17 the same year.
The people affected by the Feb 22 attack who appealed against the lower court’s ruling also demanded the three men pay them financial compensation totalling 605,260 baht.
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