The Military Court sent an elderly man to three-years in jail for writing messages defaming the monarchy in a shopping mall’s restroom during a deposition hearing held behind closed doors.
Bangkok’s Military Court, on Friday morning, 16 October 2015, sentenced Opas C., a 67 years-old musician, to three-years imprisonment for committing offences under Article 112 of the Criminal Code, the lese majeste law.
The military court judges read the sentence in camera, reasoning that the case is related to the revered Thai monarchy and might affect public morale and national security despite the presence of about 15 delegates from many foreign embassies such as, France, Denmark, Sweden, Germany, the UK, Canada, including, the European Union Commission.
He was convicted for writing a lese majeste messages in a restroom of Seacon Square shopping mall in eastern Bangkok in October 2014.
Since the defendant pleaded guilty, the court, however, halved the jail term to a year and six months imprisonment.
This is the second lese majeste case Opas was charged with. On 20 March 2015, the military court convicted him to three-years in jail for writing messages defaming the King on a wall of a different restroom in the same shopping mall, but since the defendant pleaded guilty, the jail term was halved to one year and six months.
With the jail term from the second case, an elderly musician now faces three-years imprisonment in total. Since it was the military court’s verdict, the convict cannot appeal the sentence.
According to Sasinan Thamnithinan, a lawyer from Thai Lawyers for Human Rights (TLHR) who represents the defendant, the military prosecutors could indict Opas under a single lese majeste charge for he wrote the messages on the same day. However, they chose to file the cases separately, adding up to the lengthy process of the court procedures and severity of the jail term.
The defence lawyer submitted a request to ask the court to rule the case as a single case, but under different counts. However, the military court judges dismissed the request.
“The [military] prosecutors remained adamant to indict the defendant with two separate charges despite my argument that the defendant wrote the messages on the same day,” said Sasinan.
Due to Opas's poor health as he has diabetes and is developing retinopathy, Sauvakon C., Opas's wife, earlier this year wrote a letter asking the court for mercy. The military court’s judges explained that they cannot suspend the jail term because the messages defamed the King and the jail term given is not severe.
Opas was caught by guards at Seacon Square mall in eastern Bangkok on 15 October 2014 and later handed over to the military by mall personnel. He has remained in custody in Bangkok Remand Prison since.
The court repeatedly denied his bail requests although the defendant is diabetic and is battling with retinopathy. His lawyer said that Opas has suffered from symptoms of neurosis, which have developed since his arrest.
The alleged lese majeste messages Opas was charged with on the first case reads: “The government of clowns that robbed the nation, led by f*** Prayut. They have issued ridiculous policies of amateur comedians. Their main job is to use the monarchy (uncle [censored by Prachatai*]). Their main weapon is Article 112. I’m sick of seeing your face [Prayut] every day. It tells me that you [Prayut] are near the end because of the looming internal conflict.”
Prachatai cannot publish the lese majeste messages he was indicted with on the second case.
According to a regular visitor of Opas who wishes to remain anonymous, Opas became stressful after the 2014 coup d’état.
“He explained that he thinks that the coup-maker use the monarchy as a tool to stage a coup. He mentioned that he did not wish to criticise the monarchy and never said whether he loves Thaksin [the controversial ex-Prime Minister ousted out by the 2006 coup] or not, but he said that he disagreed with the coup since 2006. He never participated in political gathering,” said the anonymous visitor.
As a beloved father of the family, Opas’s wife and daughter has been in great strain after his arrest.
Opas’s wife told Prachatai earlier that since his arrest, a letter condemning Opas for defaming the monarchy was sent to her house.
“There were even some people who came to search for him around the neighbourhood and asked for his whereabouts. They also spread rumours that my husband is a criminal who has committed a serious public indecency” she added.
Not being able play music which he loves in the detention cells, Opas, a talented musician who could play almost any kind of instruments wrote a song from prison titled ‘Status quo’.
Status quo lyrics;
Children say whatever they see
Unlike me who couldn't be such free
* I'm not saying any words of wisdom
Neither singing any verses of freedom
Some folks say no news is good news
I don't care cos it's only a few
(*)
** Keep silent you'll be distant from jail
Keep saying you'll be threatened like hell
Keep silent you'll be distant from jail
Keep saying you'll be threatened like hell
Like hell, like hell, like hell
The so called tyrant's slying it's game
Without a word, I know it's the same
(*,**,**)