THE Appeals Court today (Jan. 19) overturned the lower court’s verdict acquitting a Samut Prakan activist of charges of violating the lese majeste law, or Section 112 of the Criminal Code, and Section 116, a sedition law, and sentenced him to three years in jail without suspension, Naewna newspaper said.
The Lawyers for Human Rights Centre said in a Facebook post the case against Mr. Chukiart Saengwong, or Justin, stemmed from allegations that he had tried to attach a piece of paper containing inappropriate messages on a royal portrait of His Majesty King Rama X in front of the Supreme Court during a protest in March 2021.
However the Appeals Court did not change the Lower Court’s verdict on violating regulations under the Emergency Decree suspending the one month in jail sentence because Chukiart did not have any prior criminal record. He is required to report to a probation officer four times within one year and perform 12 hours of community service.
On June 15, 2023, the Criminal Court acquitted him of the charges under Sections 112 and 116 plus four other charges, ruling that the evidence of the sole witness, Pol. Lt. Col. Yukonthon, who saw the perpetrator from behind approximately 10 metres away, was insufficient, and that the CCTV footage was taken from a distance. The mobile phone photographs show an individual reaching up towards the portrait of His Majesty the King, but there is no evidence of anyone attaching a piece of paper with inappropriate messages to it. Furthermore, there is no confirmation when the photos were taken, nor is it clear whether the perpetrator actually attached the paper to the portrait of His Majesty the King.
Other prosecution witnesses only knew of the event but did not see it. The prosecution also failed to present any other witnesses who could testify that the defendant participated in the protest from the beginning. The Criminal Court ruled that the act of attaching the paper to the portrait of His Majesty the King, which was later discarded as trash, must have been premeditated together with other protesters. Moreover, testimonies by the prosecution’s witnesses did not reveal any plan by the defendant to throw objects and harm police officers.
CAPTION:
Top and Front Page – Mr. Chukiart Saengwong, or Justin, giving the three-finger salute. Photos – Naewna
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