
An earlier photo
Earlier in the week, PPT speculated that the judicial system has been charging, convicting, and repressing at an increased pace. We added that it seemed that the courts and prosecutors are keen to push lese majeste cases through the courts, ensuring that as many are locked up as possible.
That has now been confirmed. In tweets by Thai Enquirer, where it is stated: “Chonthicha [Jaengrew] … noted that her lese-majeste case is not the only one being expedited, as the Criminal Court also fast-tracked the case against another MFP MP candidate, Piyarat ‘Toto’ Chongthep.” In a related tweet it is noted that the “Human Rights Lawyers Association has stated that the fast-tracking of the case was not a result of the defendant’s actions, but rather due to the decision of the deputy director of the criminal court, made without consulting the defendant’s lawyers.”
These tweets refer to court proceedings against Chonthicha that the Association “deemed unlawful in this case and a violation of human rights.”
The events that have caused the court to engage in actions deemed unlawful are detailed by Prachatai.
Chonthicha was initially charged with lese majeste following a complaint by Nopadol Prompasit, a member of the bullies who misname themselves the Thailand Help Centre for Cyberbullying Victims, a royalist group that has filed numerous lese majeste complaints against activists, protesters, and internet users. Chonthicha was accused of “posting a message to King Vajiralongkorn during a November 2020 protest, in which protesters marched to the Grand Palace to send letters calling for monarchy reform.”
Witness hearings in the trial against Chonthicha were scheduled for March 2024. However, in a startling move, the Criminal Court changed the schedule to 1–11 June 2023, “even though Chonticha’s lawyer informed them that he is not available on these dates as he has to attend another hearing at the South Bangkok Criminal Court.”
On 1 June, “Chonticha filed a request with the court to postpone the witness examination hearings on the grounds that her lawyer has already informed the court that he is not available and because she did not sign the court order rescheduling the hearings.”
However, the court rejected her request. The court stated that “she did not oppose it when the hearings were rescheduled and because the prosecution witnesses had already come to court, and ruled that the hearings should continue without her lawyer.” In fact, Chonthicha’s lawyer had “filed a request to the court which included a list of cases he is responsible for and hearing schedule.”
Chonthicha protested the court’s decision to proceed. She told the court that hearing witnesses without her lawyer “would undermine her right to a fair trial.”
She then asked to speak with the “Criminal Court Chief Justice or Deputy Chief Justice [Attakarn Foocharoen], who she said decided to reschedule her hearings, but she was refused.” She then “requested to change the judges responsible for the trial on the grounds that their ruling to continue witness examination without her lawyer is unlawful and undermines her ability to fully fight her charges. Her request was later rejected by the Chief Justice because there is no ground to change the judges.” It was Attakarn who rescheduled the court dates.
Chonthicha resolved to reject the process and told the court she “will not sign any document resulting from the hearing.” The court determinedly “insisted on continuing the witness examination after her declaration and summoned 4 prosecution witnesses to the stand without Chonticha’s lawyer to cross examine them.” She was advised by the court “that she may cross examine them herself, she refused to do so in her rejection of the process.”
Chonthicha stated that “if the court insists on examining witnesses knowing that there won’t be a lawyer present then go for it. Section 112 is a criminal charge. According to the principles, there should be a lawyer present. If you want to examine the witnesses, go for it. Let the judicial process fail.”
The court went ahead and heard all seven prosecution witnesses in just two days, and scheduled the next hearing for 6 June.
On 2 June, she filed a complaint with the Judicial Commission. In that complaint, she requested:
disciplinary action to be taken against the judges for expediting her trial to the point of examining witnesses without the defendant’s lawyer. She said that the court did not tell her why her hearings were rescheduled, only saying that it was up to the judges’ discretion. She noted that her lawyer told a court official that he is representing Parit Chiwarak and other activists and would not be available. Despite this, the court rescheduled the hearings without asking her lawyer to confirm them.
Legalities and technicalities hardly matter in Article 112 cases. What does matter is who is directly the judges. And, clearly, there is considerable effort now being made, after long delays, to convict activists.
Of course, the fact that Chonthicha has just been elected as a Move Forward MP is likely a factor in the ruling class’s decision-making on these cases. As she said “she was indicted only days after she announce[d] her intention to run an an MP candidate for the Move Forward party in February 2023.”
The Human Rights Lawyers Association “said that rescheduling hearings without confirming whether the defence lawyer is available and not allowing the hearings to be postponed is unlawful and damages the fundamental principles of the judicial process.” The Association “called on the Chief Justice of the Criminal Court to investigate these actions and prevent them from occurring again so as to stop any unfair and unlawful proceedings, noting that although trials can be expedited so that they do not take too long, doing so must also be fair to everyone involved.”
Of course, the Chief Justice is a party to these proceedings (see above) and is likely to be the one ordering and/or transmitting orders on these cases.
Update: Should we believe that the bureaucracy running the courts are bumbling idiots (along with some of the judges) and that they cocked up or is it that there’s a conspiracy? We at PPT usually prefer the idea of dolts cocking up, but it is sometimes difficult to know. Prachatai reports on a cock-up/conspiracy involving Chonthicha’s lawyer, stating that, at last, the “Criminal Court has postponed the witness examination hearings in the [Article 112]… trial of activist and MP designate Chonticha Jangrew, claiming that it has just discovered her lawyer’s schedule in its own case information system. Yes, seriously.
It adds that:
the Court has now postponed Chonticha’s hearings, saying that it has found on its online case information system that her two lawyers have to attend hearings in a royal defamation trial against activists charged for wearing crop tops in a protest at the Siam Paragon shopping mall.
While the court did not grant the request for the prosecution witnesses to testify again, it agreed to summon them to court for cross examination by the defendant’s lawyers on 11 August, noting that the previous hearings we recorded on video and the defendant may request to see this before the cross examination.
We think we lean to conspiracy on this one, and it has been the public outrage that has caused the court to claim a cock-up.
Like this:
Like Loading...