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Case
Stared
Case name
Tom Dundee: Make Lèse majesté Speeches, the first case
Lèse-majesté
Name of persons / Name of Media
Thanat Tanawatcharanon or "Tom Dundee"
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Judgment / End of trial
Status of Accused
served penalty
Offense / order
Article 14 (3) Computer Related Crime Act, Article 112 Criminal Code
Summary
"Tom Dundee" or Thanat is a former artist and actor. He joined Redshirt political rallies.
After the coup in May 2014, Thanat was arrested for two times. The first time is in case of defying NCPO summons on 9 June 2014 but the court granted his provisional release. However, one month later, Thanat was again arrested at his home on 9 July 2014 with lèse majesté charges.
Throught the trial, Thanat had never been released on bail. Initially, he insisted that he will fight the case. On 19 October 2015, Thanat was informed another Lese Majeste charge at the Criminal Court.
On 30 May 2016, the Criminal Court scheduled Thanat to present at the court for the preparation examination. Thanat however change his plea from no guilty to guilty. He was sentenced to 7 years and 6 months in prison.
On 21 June 2016, the Military Court scheduled for the witness examination, Thanat change his plea from no guilty to guilty. The Military Court ordered to sentence Thanat to 3 years and 4 months in prison on 11 July 2016. The court also ordered that sentence of this case will be count only after Thanat completed his prison sentence in a previous Lese majeste case. Overall, Thanat will be sentence to 10 years and 10 months in prison.
Basic information
Background of accused
“Tom Dundee” or “Thanat Tanawatcharanon resided in Tha Yang district, Phetchaburi province.
Thanat is wellknown in an alias name "Tom Dundee" Before being arrested, he was an agriculturist.
In the wake of political conflict in Thailand, Thanat gave speeches in political ralies hosted by the United Front for Democracy Against Dictatorship (UDD) as well activities hosted by other Red Shirt Groups.
After the coup on 22 May 2014, Thanat was arrested twice. At first, he was arrested for defying the NCPO summon order at his house in Petchaburi province on 9 June 2014 but the Military Court later released him on bail.
One month later, Thanat was arrested again at his house on 9 July 2014 under lèse majesté charges.
In October 2015, while tom was in detain for his first Lese Majeste trial the prosecutor from the Office of Attroney General filed another Lese Majeste charge against him before the Criminal Court.
Legal Claims
Lèse-majesté
-
Form of restriction on freedom
Charge filed
-
Type of media
Website / Blog, Speech
-
Province
Bangkok
-
Court
ฺBangkok Military Court
-
Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
No: 97ก./2557
Details of offence according to charge
From 6 November 2013 to 26 June 2014, Thanat and unknow adividual who is the owner of facebook account "V Prang" commited an offense against Article 112 of the Criminal Code.
On 6 November, Thanat and "V Prang" co-organizing a program under a name "Red Guard Radio" which was a program that broadcased public speech. Thanat was a person who gave a speech while "V Prang" was responsible for recording and uploading a clip on youtube website. Parts of content in the video clip were considered to be Lese Majeste offense.
Circumstance of arrest
On 9 July 2014, officers from the Technology Crime Division Suppression (TCSD) along with 20 military personals arrested Thanat at his house in Tha Yang district, Phetchaburi province.
Progress of case
The Military Court set to hand down a verdict and ordered to try the case behind the closed door. Observers were not allowed in the court room.
8 June 2014
Around 9.00 pm, the NCPO order no. 53/2014 was broadcasted nationwide via television and radio stations summoning individuals including Thanat to report to the NCPO at the Royal Thai Army Club, Thevet, on 9 June 2014 from 10.00 am to12.00 pm.
9 June 2014
Thanat’s wife called a high-ranking military officer that Thanat will report himself in the evening of this day because he just knew that he was summoned.
At around 3.00 pm, while Thanat was driving back from a forest, military officials and polices arrested him because they afriad that Thanat might flee.
12 June 2014
Lt. Col. Burin Thongprapai, the judge advocate along with military officials brought Thanat to the Crime Suppression Division (CSD). Thanat was held in custody for two nights.
14 June 2014
Around 11.00 am, Thanat was taken from CSD to the Bangkok Military Court to request for pre-trial detention order.
A lawyer from Free Thai Legal Aid (FTLA) submitted the provisional release petition with 20,000 baht as a deposit, the court later released him on bail.
9 July 2014
TCSD officers along with 20 military personals arrested Thanat at his house in Tha Yang district, Phetchaburi province under Article 112 of the Criminal Code (lese majeste) and Section 14 of the Computer-related Crimes Act.
Thairath online reported that Pol. Gen. Somyot Pumpanmuang and Pol. Maj. Gen. Siripong Timula, commander of the TCSD held the press conference regarding the arrest of Thanat with the arrest warrant of the criminal court and the Bangkok Military Court under lese majeste charges.
The officials said that the arrest was due to two video clips of Thanat's speeches that were publicized on Youtube website.
The first video clip, Thanat gave a speech at the rally hosted by Red guard Radio on 6 November 2013.
The second video clip, Thanat gave a speech on 13 November 2013 at the Lak Si Monument in Bangkok.
10 July 2014
Kom Chad Luek online reported that the officials from the TCSD brought Thanat to the Bangkok Military Court to request for pre-trial detention order under the Lese Majeste charges.and the offense against the Computer-related Crime Act.
Thanat's lawyer said that today Thanat will not request for temporary release because he still waiting for a deposit. Moreover, there was a legal problem concerning jurisdiction of the Military Court as his alledged offense occured before the NCPO authorized the Jurisdiction of the Military Court to try civilian. Thanat was later transfered to remand at the Bangkok Remand Prison.
14 November 2014
Deposition Examination
At 9.00 am, the Bangkok Military Court scheduled to examine the deposition of Thanat. Thanat asked the court to postpone the deposition examination because he just got the compliant of the case in the morning. The court set the new schedule on 7 January 2015.
8 December 2014
Thanat wrote a letter regarding the human right violation in his case to Dr.Nirand Pitakwatchara, a commissioner of the National Human Rights Commission.
In the letter, he said that the trial in the military court was not independent. There was no guarantee that the defendant will be try openly.
The defendants Rights and Liberties were also at risk such as they might be arrest without warrant, held in custody over the period recognized by law as well as their to be release during the trial would be denied.
Thanat also said that pre-trial detention made him lost his income around 300,000-400,000 Baht a month. His family was currently in debt.
18 March 2015
The Examination of Evidence
The Bangkok Military Court set to proceeded with the examination of evidences at 8.30am. However, Thanat asked the court for a postponement. The court set the new schedule on 18 May 2015.
18 May 2015
Evidence Examination
The Bangkok Military Court set the schedule for evidence examination at 8.30 am. However, the defendant was brought to the court at around 10.15 am. The defendant refused all the allegation so the court set the schedule for witness hearing for the prosecution on 4 August 2015.
The defendant lawyer said that in this case, he will fight against Computer Crimes Act charges because Thanat did not upload the alleged video clips on Youtube. If the defendant can prove himself innocent - the defendant just made speeches - this case must be tried in the criminal court because the offence occurred before the 2014 coup.
4 August 2015
The Prosecutor’s Witnesses Examining
First Witness: Pol Lt Col Pipat Chawengraj, Notification Recipient
The Military Court scheduled for prosecutor’s witness examining. The military prosecutor brought in Pol Lt Col Pipat Chawengraj, a former Police Inspector of the IT Support Division, Royal Thai Police, and the Notification Recipient. Among the observers were the defendant’s relatives and the representatives of the International Federation for Human Rights (FIDH). But the judge ordered the proceedings to be held in private, because the case concerned national security.
According to the defendant’s circumstance and the police report, Pol Lt Col Pipat said that the Technology Crime Suspension Division (TCSD) received an internal email on 10 April 2014. The content mentioned that Thanat stated what deemed offending the King. The sender also attached six YouTube links as evidence.
For the content of the rallies, Pol Lt Col Pipat said that according to the video clips Thanat said something bad to about the Royal Institution.
Pol Lt Col Pipat said that the clip was published on 6 November 2014. The alleged YouTube account had been deleted, and the clips were inaccessible. Pol Lt Col Pipat was not certain whether the defendant had acknowledged the clips.
19 October 2015
The prosecutor of the Office of the Attorney General Special for Criminal Cases 6 filed a lèse majesté charge against Thanat before the Criminal Court.
22 October 2015
The Prosecutor’s Witnesses Examining
The Military Court scheduled for the second witness examining. The witness did not turn up because being engaged with duties. The judge rescheduled on 12 November 2015.
12 November 2015
The Prosecutor’s Witnesses Examining
Second Witness Examining: Pol Lt Col Wonpichit Watanasakmontha, the Transcriptionist
Pol Lt Col Wonpichit, a former officer of the Technology Crime Suspension Division 2, said that he was involved in this case as a video transcriptionist. After receiving video clips he compared with the ones on YouTube. Then he wrote down what he considered insulting the King, and passed on to the Committee for Lese Majeste cases, Royal Thai Police, to consider. The Committee agreed that Thanat’s action deemed unlawful.
During the cross-examination, the defendant’s lawyer asked how Pol Lt Col Wonpichit felt about Thanat’s speech, and what he understood about the person mentioned on that speech. The lawyer referred to Thanat talking about a Royal Project. Pol Lt Col Wonpichit thought that what Thanat said was considered insulting the King. But the lawyer disagreed and reasoned that it was a criticism on the problems of the Project, which should have never considered as insulting the King.
26 February 2016 and 11 March 2016
The Prosecutor’s Witnesses Examining
Third Witness Examining: Pol Lt Col Olan Suksamran, the accuser
The witness examining on 26 February was for the military prosecutor’s witness. Whereas on 11 March was the cross-examining of the defendant’s lawyer.
Pol Lt Col Olan’s testimony was focused on the alleged speech. Pol Lt Col Olan’s testimony before the judge could be summarised as Thanat never mentioned the King’s name or any other person’s name directly during the rally. But he believed that if anyone had listened throughout the video clip, then they would know that Thanat referred to the King.
On 11 March 2016, Thanat’s lawyer filed a bail request worth 600,000 Baht. But the bail was denied, and the judge reasoned that the case carried severe punishment, and the defendant could have absconded if he was released.
11 July 2016
Reading a Verdict
The Military Court set to hand down a verdict and ordered to try the case behind the closed door. Observers were not allowed in the court room.
As Thanat changed his plea in the previous proceeding, The court then sentenced Thanat to 5 years in prison. Since Thanat pleaded guilty, the court then mitigated his sentence to 3 years and 4 months.
The court also ordered that sentence of this case will affect only after Thanat compleate his 7 years and 6 months prison term for his another Lese majeste case. In total Thanat's serving period is 10 years and 10 months in prison.
