Case

Case name

The President of the Supreme Administrative Court v. Phuttipong

Defamation

Name of persons / Name of Media

Phuttipong

Status of Accused

No arrest pending investigation

Offense / order

Article 14 (1) Computer Related Crime Act, Article 326 / 328 Criminal Code

Summary

Phuttipong posted two pictures of Hassawut Withitwiriyakul, the president of the Supreme Administrative Court, on his own Facebook and described the pictures that Hassawut has a magical power, in terms of credulousness, to cure any illness of monks and villagers. Later, Hussawut filed charges against Phuttipong in violation of Section 328 of Criminal Code (Defamation) and Section 14(1) of Computer Crimes Act.

Basic information

Background of accused

Phuttipong graduated from Faculty of Law, Ramkamhaeng University. He has been a research assistant as well as an assistant of Nitirat Group (Enlightened Jurists), a group of the progressive lecturers from Faculty of Law, Thammasat University collaborating to advocate for freedom and democracy.

Phuttipong takes care of Administrative cases for private law office. He is also a special instructor for some of public and private university.

Phuttipong writes academic articles on Prachathai website as well as his own blog, retaliating Public Law issues with other specialists.

Complainant / Plaintiff

Hassawut Withitwiriyakul, at the time of this case occurrence, is the president of the Supreme Administrative Court and a special instructor of public law at Faculty of Law, Thammasat University.
This case, Hassawut authorized Anocha Chaiwong, a lawyer of Administrative Court Office to file charges.
On 30 March 2015, Matichon online reported that The Commission of Administrative Court Judges had a resolution of 8:3 for ordering Hassawut a suspension from government service due to the fact that Direkrit Janekrongtham, Secretary-General at the office of Administrative Court had sent a secret letter asking the Commissioner and the Deputy Commissioner to promote one of Police Lieutenant General refer to the president of the Supreme Administrative Court’s requirement.
Direkrit previously submit a lawsuit against Isara news office for reporting such ‘secret letter’ with defamation and Computer Crimes Act., but the Criminal Court rejected. Find the previous case details at http://freedom.ilaw.or.th/case/651

Legal Claims

Defamation

Form of restriction on freedom

Charge filed
Type of media

Social Network
Court

The Criminal Court
Black case

คำอธิบายคดีดำ ภาษาอังกฤษ

No: อ.1417/2558 Date: 2015-04-23

Details of offence according to charge

On 13 November 2013, Phuttipong posted two photos on his own Facebook. The first one depicts Hassawut touching the head of a female individual while seemingly chanting words with his eyes closed. The second photo shows performing similar gestures to a monk but touching the hand of the clergyman instead of the head. He described the photo that Hassawut, the president of the Supreme Administrative Court, has a magical power, in terms of credulousness, to cure any illness of monks and villagers. The photo also captioned under the Act on Establishment of Administrative Courts and Administrative Court Procedure Section 21 provides that the Judge of Administrative Court will be discharged when he was adjusted incompetent or quasi-incompetent or unsound mind or mental infirmity.

Hassawut filed a complaint against Phuttipong in violation of Section 328 of Criminal Code (Defamation) and importing false information into the computer system according to Section 14(1) of Computer Crimes Act at Thung Song Hong police station.

Progress of case

13 November 2013

Phuttipong posted photos of Hassawut Withitwiriyakul, the president of the Supreme Administrative Court. The first picture depicts Hassawut holding the monk hand(s) while seemingly chanting words with his eyes closed. Another posted photo shows Hassawut touching the head of a female individual performing similar gesture as the first photo.

Later in November 2013, Hassawut authorized Anocha Chaiwong, lawyer of Administrative Court Office, to file charges against Phuttipong at Tungsonghong police station by offence of defamation and importing false information into the computer system.

4 February 2014

The police officer summoned Phuttipong to appear at Police station as a witness. He was also summoned many times afterwards.

3 May 2014

Phuttipong testified as the alleged offender. He rejected the charges and testified that Hassawut’s supernatural power such as exorcism or telepathy is what Hassawut usually told the public at Public Law class. Being supernatural then is not seemed derogatory by Hassawut. Moreover the photos were considered to be the real circumstance photos, and Hassawut truly acted like that. The photos were spread among Administrative Court staff circle.

The details of Phutipong’s testimony were posted at a Blog ‘Phuttipong Ponganekgul’.

23 April 2015

At Criminal Court, the prosecutor filed a lawsuit against Phuttipong by offence of defamation and importing false information into the computer system according to Article 14 (1) of Computer Crimes Act.

The Court accepted the case. Phuttipong then was detained at the Court’s cell in the basement while he was waiting for a bail approval. Around 3.00 p.m. the Court granted 100,000 baht bailed. Phuttipong spend his 12,000 baht for the union prospers insurance from Sinmankong Company.

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