Maitree: Publicized video clip accusing military officer slapped on villager’s face

Latest Update: 04/06/2020

Defendant

Maitree

Case Status

Case dismissed by Court

Case Started

2015

Complainant / Plaintiff

The inquiry officer from Nawhai Subdistrict, Chiang Dao District, Chiang Mai Province was responsible for this case.

Table of Content

Maitree was charged with Computer-related Crime Act after he posted a videoclip that captured the event of a meeting between military officers and Kongphakping villegers. He wrote, as the video clip's capture, that an officer slapped children and senior villager.

Chiang Mai Provincial Court dismissed the case given that the defendant has witnesses both children and elders testified that there were armed persons travelled with military officers slapped on villager faces. Some villagers told the defendant and he posted on facebook because he believes it is true. Therefore the defendant is innocent.
 

 

 

Defendant Background

Maitree is an ethnic Lahu activist residing in Ban Kong Pak Ping, Chiang Dao District, Chiang Mai Province Earning the equivalency of Mathayom 6 (12th grade) through a non-formal education programme, he ran a one-stop shop for mobile phones, SIM cards, and other related equipments at Ban Kae Noi located not far from his village.
 
Previously, Maitree had a chance to join music activities with other teenage villagers. Joining Din Sor See Group, he now serves as a coordinator for “Pheun Tee Nee Dee Jung" (This is a Good Area Indeed) project which associates his village, Ban Kong Pak Ping, with other communities throughout the country. Moreover, he had participated in activities with “Friends without Borders” group.
 
 

Offense

Article 14 (1) Computer Related Crime Act

Allegation

On 1 January 2015, Mitree reportedly recorded a video clip of the conversation between the villagers and the military officer concerning the situation in which some villagers were slapped by a man in a military-like uniform. The clip was uploaded on his personal Facebook and soon shared widely on the internet. He was accused of violating the Computer-Related Crime Act (CCA) by importing to a computer system of false computer data. 

Circumstance of Arrest

Maitree went to report to the police after he was summoned. He was then informed the accussation and interogated as an accused. 

Trial Observation

No information

Black Case

อ.1676/58

Court

Chiang Mai Provincial Court

Additional Info

No information

Reference

No information
31 December 2014
At around 20.00, there was a fight between two Shan and Lahu ethnic teenagers near a local top-up location. Defeated by his rival, the Lahu boy fled to Ban Kong Pak Ping. Meanwhile the Tai Yai teenager falsely informed a group believed to be military officers that the Lahu boy was trying to slash him with a knife. The claimed officers thus headed to the village to go after him.
 
While sitting around a fire, seven villagers including a primary school boy, an old lady, and teenagers saw a troop of five strangers dressed in a military-like uniform coming in the village by a black Chevrolet pickup truck and one motorcycle.
 
One of them who wore a bulletproof vest was heading to the villagers and started to slap them on the face one by one. He then asked, “Where the heck is your brother?”. The villagers were not able to see his face clearly due to the glaring car lights. After being slapped by the man, a frightened child cried and ran back home.
 
Meanwhile, the neighbors crowded into the scene and started to criticize about the incident.
 
Ten minutes afterwards, a car of another troop with around five military officers arrived to take control of the situation. One of them said, “The guys who came here earlier were not military officers. Don’t slander the military. Our officers must wear uniform like this”. But at the time being, the first group abusing the villagers to which the officer referred was still staying around. 
 
The just arrived military said to the villagers, “There’s nothing now. Go back home and celebrate the New Year”. Another man who seemed taking down some note further said, “9 o’clock tomorrow morning, come and have a talk at Shan village headman house”
 
The villagers believed that the man who attacked them was a real military officer as he looked close with the later coming group. Moreover, despite the military arrival, the first group was still around without any arrest or questioning . 
 
1 January 2015
Around 9.00, approximately 50-60 Ban Kong Pak Ping villagers including Maitree, led by the community leader, Na Sae, gathered and asked to see the military at the house of the village headman in Muangna Subdistrict, Chiang Dao District, Chiang Mai. Upon their arrival, they found that there was only one military officer. Maitree then recorded a video of this meeting.
 
The community leader demanded to see the man who aggressively slapped on the villagers’ faces. But the officer refused that there was nobody committing such act. The meeting took more than four hours.
 
The negotiation became more intense and unlikely to be settled. The military denied the accusation while the villagers insisted that he knew who did it as the perpetrator was one of them.
 
With a post as team leader of Ban Na Neua troop, the officer made an apology to the villagers; nevertheless, his attempt failed to please them. The frustrating villagers demanded the wrongdoer to make an apology in person, otherwise the troublemaker troop here must be transferred elsewhere. The controversy still remained unresolved.
 
After watching the video clip taken by Maitree, the villagers consented to put it online. Maitree therefore uploaded the clip on his personal Facebook at around 20.00.
 
2 January 2015
In the night time, the village headman asked the villagers to delete the video clip and inquired to know the person who posted the clip. Realizing the fact that he was being traced by the military, Maitree and other villagers then deleted the clip although it was already shared widely.
 
 
4 January 2015
The military tried to reconcile with the villagers assembling at a local pavilion where registration desk organized by the military officers was prepared. Once they knew the “assembly” was written on the top of the registration form they stated they couldn’t register without being informed the purposes of the event.
 
The officers claimed that, there was no hidden agenda; it was just a registration as to count how many villagers participated in the activity.  However, the villagers requested to cross out the word “assembly” and change it to “meeting” instead. Yet, most of them were afraid to write their names on that registration list. Some asked to register after hearing all agenda and information of the meeting.
 
At the venue, a military officer explained that the meeting was considered as an “attitude adjustment” in order to pursue harmony and to reconcile the civil-military relation. If anyone had any question, or suggestion, it’s allowed to express their opinions.
 
Meanwhile, an ethnic Lahu boy who claimed to be slapped by the man clad in military-like uniform asked why the perpetrator was not yet brought to justice. The military officer said that they have launched the investigation, but no such offence was found committed.
 
After the session, the villagers were informed by a police that person who uploaded the video clip was pressed a charge according to 2007 Computer-Related Crime Act. Therefore, Maitree together with 30 villagers flocked to Na Wai police station to inquire about the matter. A police officer admitted that the charge was actually pressed but it wasn’t proceeded with yet. Being aware of the fact, the villagers then counter filed a police report stating about the incident that their fellows were slapped by the military officer. They further added that with the community leader as a middleman, the matter has been discussed and settled already through "attitude adjustment", but why the other party still filed the report with the police.
 
11 February 2015
Pol. Capt. Sa-nguan Meeklin, inquiry officer of Na Wai police station has summoned Maitree to acknowledge the charge with violation of the 2007 Computer-related Crime Act by importing to a computer system of false computer data that caused damage to the third party.
 
Maitree denied all the charges against him and declared that he had no intention to defame the military reputation. He exercised his right to remain silent until the court trial. Maitree was later released without bail.
 
 
26 March 2015
The designated inquiry officer submitted the file of the case to a public prosecutor.
 
7 May 2015
Eventually, the public prosecutor decided to file the case to the Court. Maitree submitted a request to the Court for a temporary release with 50,000 Baht cash. The Court scheduled a hearing for 3 August 2015.
 
3 August 2015
At the hearing, Maitree again denied all charges. In attempt to settle the allegation between two parties, the public prosecutor then scheduled 10 September 2015 for reconciliation establishment.
 

Verdict

Summary of verdict of the Court of the First Instance
 
After reviewed witnesses and evidences, the court see that evidences provided by the prosecution were not adequate to prove that Maitree was the one who posted Facebook status, some documents, brought to the court were prepared and printed by military officers.
 
Even though the defendant accepted that he posted some statement according to the charge on Facebook but witnesses for the defendants both childern and elder testified concordantly that at the time of occurance, the pepetrator who wored armor and traveling in to the village with a black military vechile slap them.
 
The villager later informed the defendant, the defendant then posted a message after after he was convinced by the villages that the incident was real. His act then could not be consider as a violation against section 14(1) of the Computer-related Crime Act. The defendant can only be held acountibility only if he posted a message by knowing that it was false. 
 
Charge dismissed   
 

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