- Important case
Opas: messages written on toilet wall, The first case
Defendant
Case Status
Case Started
Complainant / Plaintiff
Table of Content
In the second case, Opas was convicted to 1 year and 6 months as same as the this case. The sentence of the second case will be count after Opas completed his prison term in this case. Altogether, Opas sentence 2 years and 12 months.
Defendant Background
Offense
Allegation
Circumstance of Arrest
Trial Observation
Black Case
Court
Additional Info
While serving the sentence in prison, Opas was charged and prosecuted on the second case. See detail of his second case by clicking here
Reference
The inquiry official filed a request to extend the detention for the fourth time at Bangkok Military Court, the accused's lawyer however made an objection.
The court granted the request of the inquiry officer given that this case was grave and had heavy punishment.
The accused's lawyer submitted a request for temporary release by used the same deposit as earlier and giving the reason about the accused’s health concern.
However the Court refused the request because the accused could access to health service in the prison. In addition, the Court once refused the request with clearly reasons so there was no other circumstance of the case to change the previous consideration.
Verdict
Summary of a verdict of the Court of the First Instance
The court established fact from accusation of the prosecution and from the statement of guilt from the defendant that, the defendant who is civilian had committed an offense against the King under the Article 112 of the Criminal Code. The defendant's offense was an offense that fall under jurisdiction of the military court, in accordance with the NCPO Announcement no.37/2557 (2014) dated 25 May 2014
On 15 October 2014, which was the time that Martial Law is enforcing nationwide, the defendant defamed and insulted the King in front of the third person by used a magic pen wrote a message on the door of a toilet located on the second floor of Seacon Square Department Store, Srinakarin stated that "๋A juggler government robed the nation, Prayuth, a Cross-Eye man implemented rubbish policies and has a main task to fawn upon the XXXXX royal and has Article 112 as the weapon… You bastard, I can see from your face that you are about to meet the end and started to fight with your allies" (iLaw- the word in XXX could not be reveal, the translation is not exact due to the way a message was constructed in Thai)
The statement written by the defendant made the third person or the ordinary people including Sub-Lt. Khampha Mhongput, Teppanom Krutthakol and Kritsana Kongkateyai who read the message understood that the defendant mentioned about the current King of Thailand.
The message devalued status of the king and made him become subject of insult with an intention to make the people lose their faith and loyalty toward the king, this act constituted an offense against the king. The message written by the defendant were fault because, in fact, the King was enthroned in a position of revered worship and shall not be violated. The King positioned himself above all politics and only act for the betterment of the nation and his people.
The court then found the defendant guilty for defaming and insulting the King under Article 112 of the Criminal Code, under the order of the National Reform Council no.41 dated 21 October 1976 section 1.
The court then sentenced the defendant to 3 years in prison, the defendant pleaded guilty benefit to the proceeding mitigated the sentence by half in accordance with the section 78 of the Criminal Code. The defendant shall be punished for 1 year and 6 months in prison.
As the defendant request the court to give a minor sentence and to suspend the prison sentence by attaching the defendant behavior's letter as well as other documents, the court see that the circumstance of crime was severely damaged people's feeling because it was a violation against the King who is respected by the people. The court then see no reason to suspend the sentence. Moreover the court already sentenced the defendant at the minimum level, the request for suspension then shall be dismissed. The magic pen that used to commit an offense shall be confiscated.
The alledged offense of this case was committed during the enforcement of Martial Law, a verdict of the Bangkok Military Court then caanot be appeal.