Anchan : Sharing Banpodj’s audio clips

Latest Update: 11/11/2022

Defendant

Anchan

Case Status

On trial in Court of First Instance

Case Started

2015

Complainant / Plaintiff

No information

Table of Content

Anchan works as a top-level government officer and also has online business. She was arrested by armed military officers at her house on 25 January 2015 and was accused of uploading and publicizing Banpodj's audio clips with lèse majesté content for 29 counts. Anchan denied and fight the case in the court.

The military court did not allow her on bail given that this is a case with severe penalty and the offense was committed under Martial Law. She was detained at Women Correctional Institution for more than 3 years before got bail in the late of 2019.

In July 2019, Head of NCPO issued order no. 9/2019 transfered civilian cases that are trial in the military court including this case to the Court of Justice to continue with the proceeding.

The Criminal Court began the trial in January 2020 and set the date for witnesses examination in December 2020. In the first hearing, Anchan plead guilty. The court then cancelled the witnesses examination. On 19 January 2021, the Criminal Court found Anchan guilty in total 29 counts of Lese Majeste offense, offense under Computer-related Crime Act section 14(1), (3) and (5). The court gave Anchan 87 years prison sentence. Since Anchan plea guilty the court then decrese her sentences by half, sentence to 29 year and 174 months. This is the highest penalty under lese majeste that has been recorded.

Defendant Background

Anchan is a high-ranking government officer. She also has a direct sales business on the internet.

Offense

Article 14 (1) Computer Related Crime Act, Article 14 (2) Computer Related Crime Act, Article 14 (3) Computer Related Crime Act, Article 112 Criminal Code

Allegation

In the 27-page statement of accusation that the military prosecutor submitted to Bangkok Military Court, Anchan was accused of importing 'Banpodj' audio clips to Youtube for 26 times and Facebook for 3 times during 12 November 2014 – 24 January 2015. Anchan was prosecuted for 29 counts.

The military prosecutor requested the military court to punish Anchan under lease majeste law in the Section 112 of Criminal Code and Section 14 of Computer-related Crimes Act and also requied the court to confiscated all of her computers and equipments.

Circumstance of Arrest

On 25 January 2015, Anchan was arrested by five plaincloth soilders along with five soilders wearing uniform with firearm at her residence. While being arrested, many of her friends were at presence.

A lawyer from Thai Lawyer for Human Rights (TLHR) said that the military seiged Anchan's assets such as computer, i-Pad for examining.

Trial Observation

No information

Black Case

120 ก./2558

Court

Bangkok Military Court, Criminal Court

Additional Info

Anchan's elder brother and ex-subordinate said that Anchan has told that her Facebook was hacked. So she believed that she was picked on.

Reference

No information

25 January 2015

The military arrested Anchan at her residence. While being arrested, many of her friends were at presence but the military took only Anchan into the car.

About 9.00 PM, a Anchan's ex-subordinate went to the Provost Marshal General Department to inquire for Anchan but the officer denied the Anchan was not there.

30 January 2015

About 3.45 PM, officers from Department of Special Investigation (DSI) took Anchan to the Bangkok Military Court for requesting for the first pre-trial detention. The court granted.

Anchan's elder brother submitted the bail requst with cash deposit in sum of 400,000 baht. The court didn't grant because this case has severe punishment and the act happened under the period of matial law. If the court granted a provisional release, the court was concerned that she might flee. 

Anchan was remanded in custody at Institution for Female Offenders.

28 July 2015
 
Deposition Examination
 
Prachatai reported that Bangkok Military Court examined Anchan's deposition who was accused of uploading Banpodj's clips that deemed lèse-majesté on Youtube and sharing those audio clips on her Facebook. She was charged with lèse-majesté for 29 counts
 
Anchan was taken to Bangkok Military Court at 8.30 am and the court started trial at 10.30 am. The Military Prosecutor asked the judges for secret trial. The Court considered the complaint and found messages that can create damage against the King, the Queen and the Heir. Therefore, it is not appropriate to let people attend the trial. The court then ordered to try this case in secret and asked all observers to leave.
 
The lawyer revealed after the court trial that during the examination, the judge read every messages that deemed lèse-majesté to defendant. the defendant denied all accusations with her tear and wanted to defend the case.
 
The court scheduled the plaintiff's witnesses hearing on 29 October 2015. The prosecutor did not identify the witnesses
 
 
29 October 2015
 
Plaintiff's Witnesses Hearing
 
The court officer informed the defendant's lawyer that the witnesses were absent and the prosecutor asked to postpone the hearing to 4 December 2015
 
4 December 2015
 
Plaintiff's witnesses hearing was postponed again to 24 February 2016. Because the defense lawyer asked to postpone due to the absense of copy of testimonies of witnesses during the investigation process. The court also ordered to conduct the whole trial in secret reasoning that this case can effect people's feeling widely.
 
19 August 2016
Plaintiff's witnesses hearing
 
29 May 2016
Plaintiff's witnesses hearing
 

Verdict

No information

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