Sergeant Prasit
Defendant
Case Status
Case Started
Complainant / Plaintiff
Table of Content
Pol.Sgt.Maj.Prasit, a former Pheu Thai MP, was accused by Internal Security Operations Command under Article 112 for his public speech. After 2014 coup, he was summoned by NCPO and detained since then. Later, Prasit chaged his plea to guity and the Criminal Court then sentenced him to 2 years and 6 months in prison without suspension.
On 25 March 2016, Sergeant Prasit was released after a Royal Pardon was granted. In total he was imprison for 1 year 10 months and 4 days
Defendant Background
Pol.Sgt.Maj. Prasit, was a former Pheu Thai member of parliament of Surin Province and served as a leader of United Front of Democracy Against Dictatorship (UDD) in Samut Sakorn Province.
Offense
Allegation
On May 9, 2014, Internal Security Operations Command alleged that Pol.Sgt.Maj.Prasit delivered a speech at the Imperial Lat Phrao shopping mall on May 7 with some remarks which were deemed against the Monarchy in accordance with Article 112 of the Criminal Code.
Circumstance of Arrest
After the coup d’état, Pol.Sgt.Maj. Prasit reported to the NCPO on May 24, 2014 in accordance with the NCPO order. On May 29, he was taken to the Chockchai Police Station according with the arrest warrant No.912/B.E.2557 (2014) issued on May 26, 2014 on lese majeste offense.
Trial Observation
Black Case
Court
Additional Info
Since the case occurred before the coup d’état, it is under the jurisdiction of civilian court.
Reference
29 May 2014
In the afternoon Pol.Sgt.Maj. Prasit was taken to to the Criminal Court where the officer requested the court to grant provisional detention order for 12 days from 29 May to 9 June. The officer also mentioned in its request that it would object if the accused request for the temporary release. The Court later approved the request for provisional detention.
Nipaporn Muangmoon, the wife of Pol.Sgt.Maj. Prasit requested the court to grant her husband temporary release with deposit in cash in the sum of 500,000 Baht but the court denied. Pol.Sgt.Maj. Prasit was taken to detain at the Bangkok Remand Prison.
September 2014
The hearings on the cause of temporary release
Sergeant Prasit testified that he has got an apoplexy. Many of his family members also got the same illness.
A Doctor from the hospital of department of correction testified that he is a specialist on osteonosus and cannot diagnose the symptom of the defendant. But on his personal opinion, he did not believe that defendant had got an apoplexy but the his symptom might cause by tension.
Besides the witness hearings, the defendant's lawyer also submitted documents from three hospitals which identified that if an apoplexy patient do not recieve a treatment promply, he can be dead.
After the hearing the court schedule to hear the decision around a week before the preliminery hearing.
The court dismissed the request for bail with the reason that the defendant's illness was not too risky and the doctor in the prison can take care of him.
29 September 2014
Preliminery Hearing
The defendant denied the charge. The court ordered cothe paeties to find avialable dates for witness hearings.
On the same day, the defendant submitted a request for bail for the third time. The court dismissed the request given that there is no reason to change its decision.
Octoeber 2014
The defendant's lawyer submitted and appeal to the Court of Appeal against the decision of the Criminal Court which do not allow the defendant on bail. The appeal stated that the doctor who testified during the examination process was specialised only on osteonosus. The doctor's testimony, therefore, is just an opinion. On 8 October 2014, the Court of Appeal dismissed the appeal wth the reason that this case is imprtant. The defendant claimed that he had a health problem but the hospital of department of correction is able to take care of him. Furthurmore, the Criminal Court, once, did not allow the defendant of bail because the fear of flight, the Court of Appeal agreed.
27 Octoeber 2014
The defendant's lawyer informed that Sergeant Prasit changed his plea to confession with reasons as follow:
1. Sergeant Prasit has realized His Majesty kindness.
2. Sergeant Prasit doesn't want to be a burden of the court because it will take a lonf time if he fight his case.
3. When Sergeant Prasit gave a speech according to the accusation, he meant to mention Suthep Thaugsuban, he did not intend to mention His Majesty. And thiis case is a political case.
Both plaitiff and defendant agreed not to examine any witness. The court ordered to check the ciminal record and the defendant's behaviour and schedule to read a verdict on 3 December 2014.
3 December 2014
The Criminal Court sentenced that the defendant was guilty under Article 112 of the Criminal Code and was imprisoned for 5 years. The penalty shall be reduced to 2 years and 6 months due to the confession.
25 March 2016