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Bandit: Opinion sharing at the seminar of the Innovation Party

Latest Update: 28/01/2021

Defendant

Bandit

Case Status

Judgment / End of trial

Case Started

2014

Complainant / Plaintiff

No information

Table of Content

On 26 November 2014, the Innovation Party organized seminar on reformation. Bundit went there and made comment during discussion session which could be summarized that

The political conflict that the nation is currently facing was due to division in ideology toward the monarchy among Thai people. Bundit was arrested at the scene by plaincloth officials eventhought he had not yet finished his comment.  

After he was arrested Bundit was detained in cell at Sutthisan police station for a night. On 27 November 2014, the police escourted him to his apartment to conduct search together with armed military men in uniform

On 28 Novemebr 2014, the police filed petition to the Bangkok Military Court to remand Bundit in custody. The court approved police's petition but also released Bundit on bail in the same day.

The military prosecutor filed charge against Bundit on 19 February 2015 then Bundit pleaded no guilty to the bangkok military Court on 31 March 2015.

The Bangkok Military Court later proceeded with witnesses examination then set to render a verdict on 24 June 2019. The court later postponed the date to render the verdict on 5 August 2019.

July 2019, Gen. Prayuth issued order to transfer all civilian cases that were still under military courts's jurisdiction to continue proceeding at the Court of Justice. Bangkok Military Court then transferred this case to Criminal Court. 

In August 2020, the Criminal Court aquitted charge against Bundit on the ground that Bundit had not yet finished his sentence when he was arrested, circumstance of this case then was not clear whether it was lese majeste offense yet or not.

 

Defendant Background

Bandit Aneeya is a writer and a translator.

He has ever been charged with Lèse Majesté after he expressed his opinions in a seminar conducted by the Election Commission. In the previous case, the Supreme Court sentenced him to 4 years in prison and suspended the sentence due to his mental illness

 

Offense

Article 112 Criminal Code

Allegation

26 November 2014
Bandit expressed his opinion in a public forum for gathering opinion for country reform hosted by Innovation Party. Some of his opinion mentioned to Royal Institution. So he was charged with Lèse Majesté under Article 112 of the Criminal Code 

Circumstance of Arrest

26 November 2014
Bandit was arrested by the police officers who were in the Innovation Party’s seminar as an observer while he was still speaking. The police thought that his speeches deem to be a Lèse Majesté offense.
 
After being arrested, Bandit was suddenly taken to the Suthisan Police Station which is responsible for that area.  
 

Trial Observation

No information

Black Case

45ก./2558

Court

Bangkok Military Court, Criminal Court

Additional Info

No information

Reference

No information
26 November 2014
 
Innovation party held the public forum on the country’s reform. Many issues, for example how to elect MPs, were mentioned in this forum. Bandit was at the forum and also expressed his opinion.
 
Bandit’s opinion was related to the Royal Institution. Many participants were dissatisfied with his opinion and then they walked out of the forum. The police who observed in the forum immediately arrested him. Then he was taken to Suthisan Police Station for further inquiry.
 
In that night, the lawyer from Thai Lawyer for Human Rights (TLHR) and friends went to the police station in order to give a legal aid to Bandit. But officers didn’t allow the anyone to meet Bandit because the police has not interrogated him yet. The police made an appointment with the lawyer to join in the interrogation on the next day, at 9.30 AM.
 
27 November 2014
At about 9.30 AM, the inquiry official interrogated Bandit and the lawyer from TLHR observed in the interrogated process. It took about one hour to interrogate. Bandit admitted that he spoke the accused messages.
 
At about 11.30 AM., the police took Bandit from Suthisan Police Station to his apartment in Nong Kham for searching.  
At about 1.00 PM, the police took Bandit to his rented room but didn't start searching yet because they had to wait for the military to join in. Around 15-20 minutes later, 12 armed military in uniform arrived at his room and start searching.
 
It took around 30 minutes for searching. The lawyer also follow to observe the search but the lawyer didn't get the approval to observe and have to wait the outside of the room in moderately long distant.  
 
After the search, Bandit was taken back to the Suthisan Police Station again. The police seized Bandit's possession which was 2 boxes of books for examining. Bandit was kept in custody at the Suthisan Police Station for one more night.
 
28 November 2014
 
Prachatai reported that the police took Bandit to the Bangkok Military Court to request the court's permission for the provisional detention.
 
The TLHR lawyer submitted the bail request with 400,000 baht cash as security. Ward Rawee, a writer and an activist, was Bandit's guarantor.
 
The motion requested for bailtemporary stated that the complainant was aged, not able to flee and self-sufficient. Moreover, there is a way to fight a lawsuit. If the complainant gets the temporary release, the complainant will not flee and defend himself to prove his innocent due the process of law. 
 
The complainant was 74 years old and has many chronic diseases. His urinary bladder has been cut by the doctor and he now use a urinary drainage bag instead which risk infecting. If he has got an infection, it may meet his death. Moreover, he has ever got the treatment for his mental illness (Paranoid Schizophrenia) at Galaya Rajanakarindra Institute.
 
For this case, there was not any complex evidence and all evidences were secured by the inquiry official. So the complainant cannot interfere the evidences. The temporary release of the complainant will not definitely be an obstacle to the investigation process.
 
Around 2.00 PM, the Bangkok Military Court granted Bandit’s temporary release with some conditions as follows; don’t leave the Kingdom and don’t express his political opinion.
 
19 February 2015
 
Prachatai reported that the militrary prosecutor filed the charge of Lèse Majesté against Bandit.
 
The complaint stated that the defendant said two sentences. The first one was about the separation of Thai society and the status of Royal Institution. The second one, he asked about which political regime that Thai people want.
 
The defendant submitted the temporary release request again in trial process, by the same guarantor and same money security as inquiry process. The Military Court again granted the temporary release request.
 
The Military Court’s procedure is different from the Civilian Court’s procedure because the defendant will be released at a prison if a case is in Military’s jurisdiction. Bandit was released from Bangkok Remand Prison at around 9.10 PM.
 
31 March 2015
 
Deposition Examination
 
The Bangkok Military Court scheduled the deposition examination of Bandit's case in the morning. The court did not ordered to try in camera, observers were allowed to present in the court room.
 
Bandit denied all the charge, the court scheduled a pre-trial on 22 June 2015.
 
22 June 2015
 
Examination of witnesses for the prosecution
 
At 9.15 a.m., the Bangkok Military Court scheduled to examine the witnesses for the lese majeste case against Bandit. The witnesses are the 2 police officers who arrested Bandit at the scene. These two witnesses need to be examine in the same day but one among them was away on mission. The court scheduled the next witness examination on 23 September 2015.
 
The defendant lawyer said that today the court suppose to examine the list of witnesses and evidences of both side. However, other defense lawyer stated to the court on 31 March 2015 that she had no doub concerning the list of witnesses and evidences of the prosecution, the court then proceeded with the examination of witness for the prosecution.

 

Verdict

No information

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