Preecha: gave flowers to the protester
Latest Update: 06/08/2019
Defendant
Preecha
Case Status
Judgment / End of trial
Case Started
2015
Complainant / Plaintiff
No information
Table of Content
Preecha was charged with incitement under the Section 116 of the Criminal Code, and with defying the NCPO announcement No. 7/2014, prohibiting a political gathering of 5 persons or more. He was charged after observed and presented flowers to Pansak, the activist who was leading a 'March for Justice' activity to campaign against the use of Military Courts to try civilians.
Preecha was arrested while he presenting his passport to the border control official.
The case went to Bangkok Military Court where military prosecutor decided to drom Sedition charge under Section 116 but prosecuted him for political gathering. Preecha saw that the penalty is not too severe then he plead guilty. The court sentenced him to 6 months in prison and 8,000 baht fine but reduced by half to 3 months inprison and 4,000 baht fine with suspension.
Defendant Background
Preecha is a retired civil servant. He was 77 years old when he was arrested. He interested in politic and joined political assemblies sometimes.
Offense
Article 116 Criminal Code, Defying NCPO order 7/2014
Allegation
On 15 March 2015, Pansak Sritep was hosting an activity namely named ”'March for Justice' activity to campaign against the use of Military Courts to try civilian cases. Preecha came to observe the incident at Methavalai Sorndaeng Restaurant near the Democracy Monument. He gave food and flowers to Pansak and followed the activity march until the Pridi Banomyong Plaza in Thammasat University – Tha Prachan Campus.
The defendant’s lawyer spoke to Prachatai News website later and informed that while Preecha was observing the event, investigators from Chana Songkram Police Station came to approached Preecha and asked for his phone number.
Afterwards, the Bangkok Military Court issued an arrest warrant for on Preecha, charging under the charge of violating the ban on gathering of more than five people and for sedition.
Circumstance of Arrest
At around 17.30 p.m. on 24 October 2015, Preecha was arrested while he was travelling to Laos ar passport control center at Hiran-Nakorn port, Amphoe Chiang Saen, Chiang Rai Province, an officer found that Preecha was an offender according to the arrest warrant of the Military Court No. 49/2015, dating on 17 March 2015. The warrant states that his accusation is makeing an appearance to the public by words, writings or any other means which is not an act within the purpose of the Constitution or for expressing an honest opinion or criticism in order to cause the people to transgress the laws under Section 116 of th Criminal Code and defying NCPO announcement for gathering of more than 5 persons.
Preecha was detained at the Chiang Saen Provincial Police Station for one night before being delivered to Bangkok by aeroplane on 25 October 2015 to the Chana Songkram Police Station’s inquiry officers who are responsible for the jurisdiction where the incident occurred.
Preecha was investigated and detained at the Chana Songkram Police Station for one night before being transferred to the Military Court on 26 October 2015 for a pre-trial detention request.
Trial Observation
No information
Black Case
264ก./2558
Court
Bangkok Military Court
Additional Info
No information
Reference
No information
15 March 2015
On the second day of the activity, when Pansak had marched to Methavalai Sorndaeng restaurant, people brought flowers for Pansak and asked Preecha to bring flowers for him too. Preecha thus provided Pansak a red rose and foods, and he also followed him until Pridi Plaza in Thammasat University, Tha Prachan Campus. At that time, a police officer from Chanasongkram Police Station, talked to him and forced him to provide his telephone number.
24 October 2015
Around 17.30 p.m. at Hiran-Nakorn port, Amphoe Chiang Saen, Chiang Rai Province, while Preecha was travelling to Laos, he was arrested by immigration officers as the arrest warrant showed on the immigration data when his passport was being checked.
25 October 2015
Preecha was brought from Chiang Rai to be inquired at the Chana Songkram Police Station, and was detained for one night. In the seizure and investigation, Preecha denied all the accusations against him.
26 October 2015
The inquiry officers took Preecha to Bangkok Military Court. In the provisional detention request, it was written that the investigators had detained the accused for 48 hours, but the examination was not yet completed because they needed to inquire seven witnesses and wait for the accused’s background check. Therefore, they asked to detain the accused for 12 more days from 26 October 2015 until 6 November 2015.
When Preecha was in the Military Court’s jail, lawyers from Free Thai Legal Aid came to bail him out. The group posted in their Facebook that on 10.00am, Free Thai Legal Aid’s lawyers has submitted a petition to Bangkok Military Court to momentarily release Preecha and the court allowed the bail at 2.00pm with a surety bond of 150,000 baht. But Preecha’s relatives placed Government Savings Bank Lottery worth 500,000 baht as security.
11 December 2015
Prosecution day
A military prosecutor filed a complaint against Preecha to the Military Court. Preecha was granted to bail out by using his old security on the same day, but he still was sent to prison to bereleased there. That was the second time of his imprisonment. The prosecutor’s indictment appeared that Preecha was only prosecuted under the charge of violating the NCPO’ s Announcement No. 7/2014, a ban on political gatherings of five or more persons. However, he was not charged with the Section 116 of the Criminal Code.
The complaint states that Preecha, the defendant, was a civilian who had violated the NCPO’ s Announcement No.7/2014, a ban on political gatherings of five or more persons, which is an offense under military court's jurisdiction. On 15 March 2015, during the declaration of martial law throughout the country, the defendant participated in a political activity with Pansak Srithep, who was prosecuted in the case no.174ก./2015, along with 5 other people who was not arrested yet, to oppose NCPO. Moreover, there were around 20 people participating in the activity with the defendant ; this action was a violation of NCPO’s Announcement No.7/2014, a ban on political gatherings of five or more persons though the defendant had already been awared of such announcement.
23 May 2016
Deposition Examination
The Military Court scheduled Preecha to give his plead at 8.30 a.m. However, the proceedings began at around 11.00 a.m. as the defendant’s attorney must prepare documents for a motion to support his confession.
The proceedings of Preecha’ s case started at around 11.00 a.m. in the courtroom no.1. The court read an accusation and asked Preecha that whether he had a lawyer and understand the accusation. Preecha answered that he had his lawyer already and did not want the court to appoint a lawyer for him. The court asked Preecha how he would give testimony and Preecha said that he would confess.
The court told the defendant that the military prosecutor would like to revise the accusation by adding that investigators had already inquired this section. The defendant did not object, so the court ordered him to sign as an evidence. The court continued to ask that whether he insisted on the motion of confession ; Preecha said yes. The court asked the plaintiff that whether he would object the defendant’s motion, and the judge advocate said that if the defendant remove the texts indicating that he committed the offence due to the fatuity and negligence, the prosecutor would not object. The defendant consented to remove such text, therefore, the prosecutor dod not object and did not want to have any witness examination.
As court thus read the proceedure record and a judgment that the defendant was guilty, punished by three months for imprisonment and by a fine 4,000 Baht. The imprisonment was suspended for a year since the day of the judgment.
After the verdict was annouced, Winyat Chartmontri, lawyer from Free Thai Legal Aid – FTLA, gave an interview that in this case, the military prosecutor only prosecuted Preecha under charge with violating NCPO’ s Announcement No. 7/2014 ; thus, the lawyer had consulted with Preecha, and Preecha was willing to confess because this case was a minor offence, and to fight the case would increase more burdens for him. At the same time, Preecha also gave an interview briefly that he would like to thank the court for giving him mercy as now he was very old with chronic health conditions, and just recently he had a heart bypass surgery for his two coronary arteries.
Verdict
The summary of the verdict
The fact from both parties can be concluded that on 15 March 2015, which NCPO Announcement No. 7/2014 was enforced to ban on political gatherings of five or more persons, the defendant participated in an activity with Pansak Srithep along with 20 other persons at Thammasat University in order to oppose NCPO. As the defendant confessed, he thus was guilty under NCPO Announcement No.7/2014.
During the proceeding of this case, the Head of NCPO Order No. 3/2015 was issued, which prescribed the punishment of political gatherings of five or more persons being less than NCPO’ s Announcement No. 7/2014 , which is beneficial for the defendant ; thereby, the court judged that the defendant would be imprisoned six months and fined 8,000 Baht under the Head of NCPO Order No.3/2015.
The defendant confessed and submitted a motion asking for a penalty suspension. The court sees that the defendant had never served an imprisonment term before, and the offence was not too severe. Thus, the court sees a proper reason to suspend the imprisonment in order to give a chance for the defendant to reform which was beneficial for himself and the whole society. The imprisonment was suspended for a year since the day of the judgment and the fine has to be paid.