A red-shirt activist urged that his case must not be tried by the military court since the crime was committed before the coup makers’ order to have lese majeste cases tried by military court was issued.
Thanat Thanawatcharanon, aka Tom Dundee, a country singer-turned-red-shirt activist, who was charged with lese majeste has sent a letter to National Human Rights Commission (NHRC) to help transferring his case to the criminal court.
Among other reasons, he said his alleged lese majeste speech was delivered June 2013 while the junta in May 2014 issued the announcement 37/2014, stipulating that any case related to national security, including offences of Article 112, must be tried by the military tribunal. The prosecutor reasoned for the trial in military court that because the speech has been uploaded and is still available on Youtube until after the announcement was issued. The case, therefore, is tried by the military court.
Apart from the reason on the date, Tom also challenged the legitimacy and quality of the military tribunal.
“The military court is under the Defense Ministry, so the court is not independent nor objective,” said Tom in the letter, written in December 2014. “I was deprived of my right to bails or temporarily releases during the trial with unjustifiable reasons. The court claimed that I will flight without proper trial nor witnesses.”
“The coup d’etat is an overthrowing of democracy. The path to power is unconstitutional, violates the criminal law and human rights principles. The orders of the National Council for Peace and Order (NCPO) to arrest me and several others are not lawful and violate human rights principles and rights and liberty under democratic system,” Tom wrote in the letter.
Nirand Pitakwatchara, a NHRC commissioner, told Prachatai that the NHRC has accepted Tom’s request. The commission however has no power to interfere as having been entitled to by 2007 Constitution, torn down by the military junta.
Apart from charge under Article 112, or the lese majeste law, the red-shirt activist also charged with offences under the Computer Crime Act.
He spoke the lese majeste remarks at a red-shirt rally, held by Kotee Red Guard, in November 2013. A video of his speeches was uploaded to YouTube.
The singer was earlier charged with defying the junta’s National Council for Peace and Order (NCPO) order for not reporting to the military after being summoned. He was then released on bail. However, has has been detained at Bangkok Remand Prison since he was re-arrested for lese majeste in July 2014. The court repeatedly denied his bail requests.
In 2010, the Network of Voluntary Citizens to Protect the Monarchy on Facebook pressured the Department of Special Investigation (DSI) to prosecute Tom for his speech at a red-shirt rally in Ratchaburi Province.