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Case
Case name
Sirawith: Scatter post-it on BTS sky walk
Name of persons / Name of Media
Sirawith Sereethivat
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
On trial in Court of Appeal
Status of Accused
Others(paid fine)
Offense / order
Others (Sanitation Act)
Summary
In the evening
of 1 May 2016, Sirawith went to sky walk near BTS Chong Nonsi to taking part in a Post-Sith (post right) activity to campaign for freedom of expression and for the release of 8 admin of We Love Gen. Prayuth facebook page who were held under military custody.
While conducting his activity, Sirawith throw post-it papers on the floor and asked individuals who came for the activity to pick post-it paper up, write what ever they wish. Sirawith was then arrested and taken to the Tung Mahamek police station, the police later informed that Sirawith will be charge for littering in public place. Sirawith denied all charge before the police and asked to defense his case in the court. The court set to examine witnesses from 14 to 16 December 2016
On 12 January 2017, the Bangkok South Municipal Court found Sirawith guilty according to the charge and ordered to fine him in the sum of 1,000 Baht. The court reasoned that Sirawith can distributed post-it paper without threw them on the ground, by doing so if the participants did not collected all the paper what left behind will become a garbage. Later on 3 October 2017 the Court of Appeal upheld verdict of the Court ordered to fine Sirawith 1,000 Baht
Progress of case
1 May 2016
At 4 pm, Matichon online reported that Resistant Citizen Group gathered people who are interested in “Post-Siht” activity to write the people’s declaration of freedom at the Skywalk, Chong Nonsi BTS station.
Prior to the schedule, a hundred of police officers from Thungmahamek and Yannawa Police Stations guarded the area with barricades. An officer from the UN human rights office was also present at the scene as an observer.
At 16.15 pm, Sirawith arrived at the scene and told the medias that although the activity area was public, it could not be used due to the blockade, so we needed to wait for the authority. He added that overcoming the problem using violence would not bring peace and further questioned whether the referendum would still be conducted even there was no freedom. During the interview, the police asked him to continue his interview at the police station. Sirawith denied that he had not yet done anything then why did he had to go to the station.
Nonetheless, as Sirawith was surrounded by the police that he was unable to move or continue the activity. He finally distributed a pile of Post-It note on the ground and called everyone to collect them. He then was detained to Thungmahamek police station.
At 16.30 pm, Prachachart Online reported that the inquiry officials had questioned Sirawith for 5 hours with the presence of Arnon Numpa, a lawyer of the Thai Lawyers for Human Rights. There were about 100 people, including the media, awaiting an update in front of the station.
New was preliminary charged for dropping refuse or waste onto a public place. He denied all the charges.
5 July 2016
At 10 am, Sirawith, as the defendant, reported to Bangkok South Municipal Court upon the trial appointment. The Court proceeded to repeat the accusation and call the parties to submit evidences. The defendant thereby submitted 7 documentary evidences. The plaintiff stated that there was no evidence to be submitted at that time, however, told the defendant that the evidence was available to be examine upon their request. The defense lawyer then objected the plaintiff’s non-submission and requested the Court to record the objection in the casefile.
Further, the plaintiff requested the testimony of six witnesses. The defendant requested the testimony of four witnesses. The Court then scheduled the hearing on 14-16 December 2016.
12 January 2017
At 10 am, courtroom No.7 of Bangkok South Municipal Court, the decision was read. The Court found the defendant guilty of dropping refuse or waste onto the road or waterway according to Section 32 of the Sanition Act, to be subject to a fine not exceeding THB 1,000. The Court reasoned that the Defendant did not need to throw or strew a pile of Post-It note on the ground in order to distribute them for the activity. Such strewing indicated the defendant’s intention as if it was not being collected completely, it would become waste. Also, as the act was committed at the Skywalk of Chong Nonsi BTS station, it was considered a dropping refuse or waste onto a public place. Therefore, the Court ruled the Defendant guilty and ordered the Defendant a fine of THB 1,000.
The Defendant paid the fine and prepared to further appeal the Court’s decision.
3 October 2017
The verdict annoucement from the Court of Appeal
The Bangkok South Municipal Court read a verdict from the Court of Appeal reaffirming the verdict from the Court of the First Instance. Sirawith was found guilty under Section 32 of the Sanitation Act and was fined for 10,000 baht.
The Court of Appeal reasoned that the defendant's claim of an unauthorized officer who arrested the defendant, all of the plaintiff's witnesses testified in the same way that there was no arrest, just an invitation to the police station. This claim was therefore dismissed. For the post-it paper that was seized by officers, the defendant claimed there is no legal power to seize, the court sees that if officers did not prevent the crime, the defendant would use it to commit more crime. This claim was therefore dismissed.
