Thiti: Drew a heart with foot
Latest Update: 04/06/2021
Defendant
Thiti
Case Status
On trial in Court of First Instance
Case Started
2015
Complainant / Plaintiff
No information
Table of Content
Thiti, who lives in Phuket was prosecuted for using the Facebook name 'Thiti Phuket', for posting a picture of a foot and for drawing a heart and writing 'We love King'. Someone saw this post and reported to the police in Sakon Nakorn Province. Thiti was then prosecuted under lese majeste law at Sakon Nakorn Provincial Court. At the time of the post, Thiti was still detained in prison under a drug case.
Later, the court dismissed the case.
Defendant Background
Thiti was arrested when he was 38 years old. Earlier, he was prosecuted in charge of a drug case and sentenced to prison. Being imprisoned in the Phuket Provincial Prison since 2012 , he was released on 5 March 2014.
Offense
Article 14 (3) Computer Related Crime Act, Article 112 Criminal Code
Allegation
Thiti was accused of using a facebook account name ‘Thiti Phuket’ posted an image of a foot drawing the heart and writing ‘We love the king’. Someone saw this picture and reported to the police station in Sakon Nakhon on August 2013. Thiti was prosecuted at the Sakon Nakhon Provincial Court under Section 112 of Criminal Code and Computer-related Crime Act section 14(3).
Circumstance of Arrest
On 25 February 2015 while Thiti was being with his friends, he was arrested and forced to do a urine drug test. It was found that his friends had addictive substances in their urine, but he had not. When the police took his identity card to inspect, the police found that Thiti was the person who has got a warrant of arrest from the Sakon Nakhon Provincial Court. The police took him to the police station, seized his two mobile phones and detained him all day. The police showed the warrant of arrest from the Sakon Nakhon Provincial Court. Thiti admitted that he was the person on the warrant.
Then, Thiti was taken by a plane in the evening to Udonthani, and he arrived at the police station in Sakon Nakorn at night. In the morning he was informed of allegations under Section 112 of Criminal Code and Computer-related Crime Act section 14(3).
Initially, Thiti admitted that it was his Facebook account, but he did not post that picture.
Trial Observation
No information
Black Case
No information
Court
Sakon Nakorn Provincial Court
Additional Info
No information
Reference
No information
August 2013
Somebody found the image on Facebook and reported to the police station in Sakon Nakhorn
25 February 2015
Thiti was arrested while he was being with his peers
27-29 September 2016
Sakon Nakhon Provincial Court scheduled the witness examination for the prosecution
25 October 2016
Sakon Nakhon Provincial Court scheduled the witness examination, but the witness for the prosecution did not appear. Thus, witness examination had to be postponed
30 October 2016
Sakon Nakhon Provincial Court scheduled a witness examination for both the prosecution and the defendant
20 December 2016
The verdict annoucemnt
Reading a judgment, the court concluded that in this case, there was a suspicion that whether the defendant committed the offence or not. The court saw that at the time of this case, the plaintiff had no witnesses to support that the defendant used mobile phone. Also, the chance to use mobile phone was hardly possible because there always be a search before prisoners go to bed. Moreover, using mobile phone need some light, and the defendant always denied the indictment.
Therefore, the court viewed as proper to give the benefit of the doubt to the defendant by dismissing this case, but the defendant must be imprisoned during an appeal period.
April 2017
The report showed that after the prriod of appeal was ended, the prosecutor of the Sakon Nakhon Provincial Court did not submit an appeal. Thus, Thiti was released and send back to the central prison in Phuket under the charge of drug case, expecting that he would be released soon.
Verdict
No information