- Important case
Wichan: convinced people not to cast their vote
Defendant
Case Status
Case Started
Complainant / Plaintiff
Table of Content
On 26 July 2016, Wichan convinced people who are buying groceries at a market in Phibun Mangsahan District, Ubon Ratchathani Province not to go to cast their vote on a referendum set to held on 7 August 2016. Vichan was arrested at the scene and was taken to Phibun Mangsahan Police Station. He was charged under the Referendum Act and held in custody at the police station for 1 night.
He was detained since then as he has no money to bail himself out. He used to be on hunger strike for 12 days and got bail after being detained for more than a month. Wichan denied his allegation in the trial and tried to prove his political belief.
Ubon Ratchathani Provincial Court sentenced Wichan to 6 months in prison and 30,000 baht fine. The penalty was reduced one-third and prison sentence was suspended.
Defendant Background
Offense
Allegation
The provisional detention request filed by the inquiry official of Phibun Mangsahan Police Station to Ubon Ratchathani Provincial Court mentioned Wichan’s circumstance. It was noted that on 26 July 2016, at about 07.30 hrs., Wichan was on a bicycle to the market. He told to shoppers that he was a member of New Leading People for Peaceful Revolution Party. He also held up documents, tried to incite people to not cast thier vote in the Constitutional Referendum on 7 August 2016.
Circumstance of Arrest
Trial Observation
Black Case
Court
Additional Info
Reference
Samarn Sringarm wrote on his Facebook that Wichan would undertake a hunger strike demanding Gen. Prayut Chan-ocha to dissolve the authoritarian referendum, which could cause damages to Thailand.
Wichan’s lawyer filed a bail request. He used his position as a guarantee, which was worth 60,000 Baht. The court granted the bail with condition that Wichan would not engage in political issues.
15 – 18 August 2017
The Court conducted witness hearings for both the plaintiff and the defendant.
7 November 2017
Ubon Ratchathani Provincial Court read a verdict sentencing Wichan for 6 months in prison and 30,000 baht fine. Because the defendant's testimony benefits the trial, the penalty was mitigated by one-third to 4 months in prison and 20,000 baht fine. The prison sentence was suspended for 2 years and the court also suspended his electoral rights for 2 years.
Verdict
Summary of the Verdict
Ubon Ratchathani Provincial Court read a verdict sentencing Wichan for 6 months in prison and 30,000 baht fine. Because the defendant's testimony benefits the trial, the penalty was mitigated by one-third to 4 months in prison and 20,000 baht fine. The prison sentence was suspended for 2 years and the court also suspended the defendant's electoral rights for 2 years.
The verdict can be summarized as follow:
The court sees that the plaintiff witnesses sound more heavy than the defendant's witnesses. The plaintiff witnesses testified in the same way that the defendant talked in the market that the draft constitution was abnormal and distorted, he then will not accept it and convinced prople to not cast their vote. Even thought the defendant claimed that he had just talked to a shopkeeper in the market on the constitution and the standpoint of his party that they would not join this draft constitution and he did not convince anyone to not cast their vote, but when the defendant talked, people who passed by can hear. The court sees that the act of the defendant was a crime under the Referendum Act 2016, Section 61 paragraph 2.
Because the defendant han been imprisoned for a period of time during the investigation process from 20 July to 8 September 2016 but the finally the court did not sentence him to prison, the defendant shall be compensated. The cost shall be calculated as 500 baht per day, totally he will be compensated for 22,500 baht which is more than the fine that he has to pay. Then Wichan does not have to pay the fine.