Case

20 August 2010

The prosecutor claimed that today, the defendant imported in false information into the computer system. The information constitutes as a defamation toward the king and a threat to national security.

6 October 2010

“Salman” was arrested. He was detained and was not granted on a temporary release. 

November 2010

“Salman” was granted on a temporary release for the first time after his arrest.

8 November 2011

Examination of witnesses for the prosecution

9 November 2011

Examination of witnesses for the prosecution

15 November 2011

Examination of the first witness for the defendant, “Salman” himself.  

Since “Salman” is a citizen of Saudi Arabia and could not communicate in Thai properly; the examination was conducted with the assistance of an interpreter. “Salman” testified Arabic.  

“Salman” told the court that he is 38 years old and that he is a stock trader.  

“Salman” answered the lawyer that he came to Thailand as a tourist in 2000. Subsequently, traveled back and forth between Thailand and Saudi Arabia regularly. In 2006, “Salman” married a Thai lady but did not register a marriage certificate due to documentation problem.         

“Salman” stated that after his marriage, he and his wife settled in one province in the Northern Region. “Salman”'s wife was a beautician while “Salman” was a stock trader with an account for buying and selling stock with Country Group Securities. “Salman” explained that there were two ways to trade. One is directly through the company, and the other is through a broker.         

“Salman” explained stock trading over website: on Country Group Securities’ website, www.cgsec.co.th, only the company’s customers could use the message board service while the general public has no access to it.  

Regarding his charity work, “Salman” said he has donated 545,000 Bath to build a Mosque and raised fund to help poor children. Moreover, the Imam of Muslim love Humanity Network (Thailand) issued a recommendation letter for him which the court has already received it.        

 Regarding the case, the prosecutor accused that “Salman” brought in false information into the computer system. “Salman” confessed that he brought in those information into the computer system but had no intention to insult or defame the King. He insisted that he always paid respect to the King and the Royal Family, adding that he has a picture of the Royal Family at home.     

On the cause of the case, “Salman” testified that at the time, “Salman” talked to a stoke broker on the phone and was informed that the King was sick. Afterward, “Salman” saw a message on the WikiLeaks website that The King of Thailand is dead. He then posted a message according to the charge on the website www.cgsec.co.th. After posting the message, “Salman” apologized the broker and went to the company to apologize in person.        

“Salman” stated that he posted the message because he was worried that the stock market would fall. After he posted the message, the stock market did not fall that day nor the following days. Moreover, no one believed his message.     

Cross Examination session 

“Salman” replied to the public prosecutor that on the internet, there are true information as well as false information. Concerning his Thai language skill, “Salman” said that his Thai language skill is very limited. He understood some basic words but he cannot read Thai. When he heard the news from WikiLeaks and Al Jazeera, he did not check the information with other websites but simply posted the message. After he posted it, the broker asked him why he posted such a message. “Salman” apologized the broker and said that he will go apologize the Country Group Securities Company (local branch) in person. “Salman” found out about the lawsuit only when he was arrested.

Reexamination session  

“Salman” replied to the defense lawyer that when he watched the news, he would watch it with his wife so that she could translate for him. 

16 November 2011

Examination witness for the defense  

28 March 2012

The Court of the First Instance, Bangkok South Criminal Court, read the verdict. It could be summarized as follow.   

The Country Group Securities PLC provided a message board service on its website www.cgsec.co.th in order to allow its customer to communicate with the company and among themselves. On 20 August 2010, a message deemed false and offending against the king was posted on the company's message board. After the message was identified, the company froze the discussion.  Upon finding out that the message was posted by a customer, the company filed a lawsuit. The defendant was later arrested on 6 October 2010.           

The defendant confessed that he did bring in false information that could be a threat to national security and cause public panic. This constitutes a violation related to national security. However, the defendant did not have any intention to defame nor insult the King. Since the defendant confessed that he brought in false information into the computer system,  the court therefore only need to consider whether the defendant committed a crime according to the charge or not.       

According to the Constitution, section 2 states that Thailand adopts a democratic regime of government with the King as Head of State. Section 8 states that the King shall be enthroned in a position of revered worship and shall not be violated. Section 70 states that every person shall have a duty to uphold the nation, religions, the King and the democratic regime of government with the King as Head of State under the Constitution. Section 77 states that the state shall protect and uphold the institution of kingship. The provision of the constitution shows that the King is in the position of revered worship by the law and in conscious of the people. The message that the defendant posted irritated the King. Moreover the defendant publicized the message even though he knew that it was a false information. The act of the defendant therefore constitutes an insult against the King.                

Though the defendant claims that he is foreigner who did not understand Thai culture, a reasonable person would not desire a foreigner to insult one’s national head of state. Moreover, the defendant lived in Thailand for over ten years and he has family with a Thai person; he must understand feeling of the Thais toward the King. His claim that he is unaware of Thai customs is therefore not admissible. The court finds the defendant guilty under Article 112 of the Criminal Code and under section 14(2) and (3) of the Computer Related Crime Act of 2550 BE. The defendant shall be sentenced to three years in prison. Since the defendant’s testimony was a benefit to the court, his sentence shall therefore be mitigated by one third. The defendant shall be sentence for two years.          

After the Court of First Instance delivered the verdict, “Salman” appealed and requested for bail. Later on, the court granted “Salman” temporary bail for the appeal.

7 June 2012

“Salman” submitted an appeal against the verdict. His appeal can be summarized as follow. 

“Salman” did not intend to disseminate false information. The first time he read the news on WikiLeaks website, he believed that the information was correct. Therefore, he posted the message on website to warn other investors without realizing that the information he posted was just a rumor. Once he realized that it was false information, “Salman” apologized the Country Group Securities company and  went to see the manager of the Country Group Securities (local branch) to apologize in person.

“Salman”'s message did not cause public panic. The witness for the prosecution testified that “Salman”’s message was blocked in time while those who saw the message did not believe in it.  

 Regarding “Salman”'s understanding toward Thai culture, though “Salman” has been in Thailand for ten years, he did not understand Thai culture as deeply as the Court of the First Instance claimed. Even though “Salman” lived in Thailand for ten year, he did not stay in Thailand the entire time. “Salman” had to travel back and forth between Thailand and Saudi Arabia in order to take care of his mother.        

Furthermore, even though “Salman” lived in Thailand for ten years, his interaction with Thais were very limited. This can be seen in how “Salman” could only communicate with the court and the police through an interpreter. In his daily life, he needed his wife to help him communicate with the others.    

Prior to this case, “Salman” has always showed respect toward the king and the royal family. He hangs portraits of the King and the Queen on the wall of his house to show his respect. Moreover, “Salman” had sent postcards to bless the King and the Queen on the occasion of their birthdays. He also used to travel down to Bangkok to bless the King at Siriraj hospital. Besides showing loyalty by paying respect toward the King and the Queen, “Salman” has also shown gratitude to Thailand through charitable activities such as contributing money to build a mosque,  feeding the needy, and teaching Arabic for school or communities that are in need.         

The Court of the First Instance’s verdict put “Salman” in a difficult situation because “Salman” has allergies and prostatism. The verdict also affected “Salman”'s family because “Salman” is the head of the family who is responsible for all of the family's expense. Moreover, since “Salman” is a foreigner, the law stipulates that if a foreigner is convicted for a crime with a jail term beyond five years, once the foreigner has served the jail term, the foreigner shall be deported from Thailand and banned entry for 99 years. This will turn “Salman”'s family into a broken family.           

Since “Salman” acted without intending, has a family to be responsible for, has done good deeds for the Thai society, and has always shown loyalty toward the King, “Salman” therefore would like to appeal the case and request the Court of Appeal to dismiss the charge for the benefit of justice.          

29 August 2556

The Court of Appeal read the verdict. It can be summarized as follow.  Section 8 states that the King shall be enthroned in a position of revered worship and shall not be violated. Section 70 states that every person shall have a duty to uphold the nation, religions, the King and the democratic regime of government with the King as Head of State under the Constitution. Section 77 states that the state shall protect and uphold the institution of kingship. It could be clearly seen that the King is enthroned in a position of revered worship, both by the law and in conscious of the people since historical times. 

No one would dare to speak out or bring in information that would insult, offend, ridicule, or cause damage to King into the computer system. 

The defendant lives in Thailand and has Thai mannerism. Since, he has always revered the king, he must know of the king’s position in the society. Bringing in false and inappropriate information, one that would also irritate the king, constitutes as an insult against the honor and reputation the king. 

The defendant claimed he is foreigner but no reasonable person, regardless of nationality, would appreciate an insult against one’s head of state from a foreigner. The defendant has lived in Thailand for 10 years; he must know and understand the perception of the Thais toward the King. Since the dissemination of false information on the website is an accusation that would likely dishonor and insult the King, the defendant therefore insulted and defamed against the King as charged.   

The Court of Appeal agrees with verdict of the Court of the First Instance. The appeal of the defendant is not admissible.. The appeal verdict confirms the verdict of the Court of the First Instance. 

30 October 2013

The deadline to appeal to the Supreme Court. “Salman” decided not to appeal. End of trial 

ุ6 November 2013

“Salman”'s wife submitted an aplication to request for the Royal pardon.

22 January 2014

“Salman” was released after he was granted Royal Pardon. Immedietely after his released, “Salman” was transfered to the Lumpini Police Station the place where he was charged. Later on, he was transfered to the Immigration Bureau Detention Centre where he will be detain untill he leave the Kingdom.

23 January 2014

“Salman”'s wife requested the Immigration Bureau to grant “Salman” on bail and deposit money in the sum of 100,000 Bath.

24 January 2014

“Salman” was released on bail. He was allow to remainded in the Kingdom for 30 days. “Salman” need to report before the Immigration Bureau on 17 Febuary 2014.     

19 February 2014

The Immigration Bureau granted bail extention to “Salman” and allow him to remaind in the Kingdom for another one month. “Salman” have to report before the Immigration Bureau by 18 March 2014.